Why is this happening now?
Advocates are now able to claim a new £670 fixed fee for cases with s.28 hearings. The new fixed fee applies to cases with a representation order dated on or after 1 February.
We have updated 'appendix R' of the Crown Court fee guidance to reflect this change. You can claim the fixed fee in the Crown Court Defence (CCD) online billing system by:
- going to the 'misc fees' dropdown menu
- selecting 'section 28 fixed fee'
Interim payments
Remember to check the criteria for interim litigator cost claims of £100 or more before submitting the final bill for the case. Prior authority for these 'disbursement' costs will need to have been granted and you will need to have evidence of the expenditure.
The £100 figure can be reached with a single prior authority request for multiple items, for services such as interpreters and the translation of documents. Each prior authority would need to be for one type of expert, from one supplier for the same case.
Quotes for prior authority work
We know there are situations where litigators have difficulty obtaining more than one quote to support applications for CRM4 prior authority work.
When this happens, providing details of the efforts made to secure a second quote will reduce the chance of the application being returned to you. You can do this by including evidence such as a telephone note.
This is particularly important where the:
- hourly rate requested exceeds the regulatory amount
- number of hours requested is higher than might normally be expected
Where can I find out more?
LAA training website - for Crown court billing guidance
Crown Court fee guidance - updated guidance on GOV.UK
Criminal Legal Aid (Remuneration) (Amendment) Regulations 2023 - for details of the £670 fixed fee
