The Criminal Legal Aid (Remuneration) Regulations 2013

[F1 Fees for consideration of unused material E+W

17A.— (1) This paragraph applies in respect of any case on indictment in the Crown Court, in respect of which a graduated fee is payable under Part 2 or Part 3, other than a guilty plea.

(2) In any case to which this paragraph applies, a fee (“the basic consideration fee”) is payable to a trial advocate in respect of the consideration of unused material which corresponds to the category of the advocate concerned specified in the table following this sub-paragraph, whether or not such consideration has actually occurred.

[F2 Category of advocate	Fee
QC	£128.93
Leading Junior	£97.57
Junior alone or Led Junior	£67.95]

(3) This sub-paragraph applies where—

(a) a trial advocate has undertaken the consideration of unused material; and

(b) the advocate has spent in excess of three hours undertaking that consideration.

(4) In a case where sub-paragraph (3) applies—

(a) a fee (“the additional fee”) is payable to the trial advocate in addition to the basic consideration fee; and

(b) the amount of the additional fee corresponds to the category of the advocate concerned specified in the table following paragraph 24.

(5) The additional fee is payable only where the appropriate officer considers it reasonable to make such a payment.

(6) A trial advocate claiming the additional fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(7) In determining whether it is reasonable to pay the additional fee, the appropriate officer must take into account—

(a) the reasonableness of the hours claimed in respect of the case taken as a whole; and

(b) the reasonableness of the hours claimed in respect of the consideration of the unused material.]

Textual Amendments

F1 Sch. 1 para. 17A inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(11) (with reg. 7)

F2 Sch. 1 para. 17A(2) table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 1 para. 9 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1))