Profitable Billing - Crown Court

Hello and welcome to this webinar presentation on behalf of Data Law, the profitable Billy have found quote work in 2000 and 19. My name is calling Beaumont, formerly a solicitor in private practice for many, many years. And I worked for a large legal aid practicing Thames Valley. I'm retired now is a solicitor. I've gone back to the bar, so I'm currently a non practising barrister. His brackets retired, right? Okay, now let's have a look then, shall we? At slide number two in relation to profitable billing. Graham Quote work The Big Picture Festival. Those of you who are in any way involved in the building of Crown Court work will know that from the perspective or litigator. In other words, Crown Court preparation pages of prosecution evidence are by far and away the most important factor that when it comes to building the majority off Crown Court cases try, a length will also feature. There was a triumph. Obviously it's p p. E. If the matters dealt with solely by way of a guilty play, all I cracked. Yeah, this is an important point, and it's sometimes overlooked by solicitors working in the Magistrates Court to build on a page, the matter must have Bean sent to the crown called foam the Magistrates Court. There are two exceptions to the above at where by you might be sent and yet still be paid a fixed fee as a litigator involved in a page. The first is where the client on a matter triable. Either way, Alexe Crown Court file on then Pete guilty. In these circumstances, the Litigator receives a big city of £330. 33 events. The fees are in statutory instrument 2000 and 16 Number 313 The other example is where the defendant again, Lex on an offence. Triable either way. And there is no trial because the case cracks before trying. No, Formerly tried to the second of October, 2000 and 40. You know, the litigator would have received the next day in these circumstances that change on the second of October 2014. The position now is where the defendant Alexe Frankel that the case cracks and doesn't go to trial because the crown offer no evidence on all of the counts and the judge directs are not guilty verdict. Then the litigator is paid on a page camp? No, all I'd say is, if you're a solicitor in the magistrate court and you think you have a case which is surely going to be committed for sentence following Gil, he please think carefully before I buy using decline to be guilty at that early stage on to be committed for sentence because in those circumstances the fee is the cap. One lower standard fee in the magistrate called on the committal for sentencing. They're both fixed fees, and if you act him together, they probably come to about 707 £150 tops, perhaps in cases where you know the client is likely to be committed for sentence, it might be best to indicate your guilt at that first listing that he noted Arnold the papers that there's an indication of guilt. Have the matters ST. And then enter your guilty plea on indictment. Because once the MCA has Bean sent, then of course you are paid according to a page camp, and it might be that it's a case that generates a very good page camp. It's then an issue, of course, of seeking to persuade a judge that the maximum credit of 1/3 all still to be given. Why? Well, because there was clearly an indication of guilt all over the papers at the Magistrates Court stage, I would have thought this is particularly relevant where there might be the possibility of a Newton hearing. If you be guilty on, get committed for sentence if the judge there after once a Newton hearing those absolutely no payment at all for the litigator in relation to the preparation of the looting hearing a Newton hearing is only treated as a tri ALS through a litigator. It the matter arrives at the Crown Court by way off having bean ST committed ALS for sentence are no same means Don't just give a thought to high the other thing. I'd ask you solicitors in the magistrate get to give a thought to is perhaps there might be room for maneuver in relation to please and counts on an indictment. All I'm saying is, in a serious case, don't be too hasty in committing your client to give me Please. You lose that room for negotiation at the Crown Court. It gives you please. A rented on decline is committed for sentence. I only say this because if you do work in the magistrate, cool. But you don't get to the cram school. It's sometimes difficult to appreciate the bigger position at the crown called in Terms of Camps are talking to one another when the matter survived at the ground court by way of having Bean ST. No, please. Having Bean entered? Okay, let's have enough. It's like three tonight. Three development statutory instruments when you're concerned with building found. Quote what? It's easy if you're building from the perspective. Off litigator Crown call. Preparation the fees A set out in static Reinstatement 2000 and 16. Number 313 This came into force, and he's effectively relevant from the first of April 2000 and 16 to the present day with that, because it's I'm afraid, As you well know, it's slightly different because we've got three different static re instruments dependent, of course, upon the date when the adjudication or the determination was made that he qualified for leader. Not only do we have three different sets of he's, we also have two different regimes in force at the moment in relation to the building of advocacy means we kick off with statutory instrument 2000 and 13 number 43 fine. That, of course, is still hugely relevant in relation to the building of a crown call file. From the perspective of advocate for all cases where the determination was made between the first of April 2000 and 13 and the 31st of March 2000 and 18. We then, of course, were given a wholly new regime in relation to the building of crown called work in brackets advocates. And that was set out, wasn't it? In statutory instrument 2000 and 18 number 220. That's relevant for the period First of April 2000 and 18 to the 30th of December 2000 and 18 So rather a short window there now. The new regime was kept, but the fees were increased with statutory instrument 2000 and 18 number 13 23. That, of course, contains the relevant bees where the determination that he qualifies for the blade was made on after the 31st of December 2000 and 18. Up to the present day on the present day, incidentally, is February 2000 and 19 which is the time when this webinar is being recorded today. Uh, not difficult immolation to crown Court preparation Litigators Slightly more complex in relation to advocates. Do be aware of those three different statically instruments. They all contain tables, the seasonal, the tables, a different and, of course, the tomb of statutory instruments of 2000 and 18. Give us the new regime for the building of Crown Court work has advocate and obviously will consider that during this weapon tonight full that whilst one the subject of documents, if you're at all concerned in the building of Crown for work really important that you get hold of the Crown Court Fee Guidance document available on the Legal Aid Agency website. It was last updated in February 2000 and 18. The documents starts up with general guidance about litigators and advocates. There's then a passage specifically devoted toe advocates. There's an a section specifically devoted to litigators, and you will learn on an awful lot if you sit down on read that document. For starters, you learn the definitions what he's again you pay what is a crack try. What is a triumph in relation guilty plea essentially, a guilty plea is where the guilty pleas entered at all before the BTP cage. A cracked rifle is a matter where we're not guilty. Plea is being entered at a p. T. P. H. On the matter gets adjourn from the Petee pH to a possible trial date, all to be put into a burst warm list. If it gets past the Bt pH and there are still counts on the indictment that are disputed between the prosecution and the defense sits at the possibility of a trialling remains a real possibility. Then, of course, it doesn't go to trial, have it? Is billed as a crack crime try. And, of course, the definition of a trial of one must look to the leading case, which is the law Chancellor and Ian Henry Solicitors limited back in 2000 and 11. Essentially, a trial can be set to begin when the jury have bean small on the prosecution of open their case. Once they open their case that crime has speaker. It matters not that no evidence was laid. People June, the useful section or rather, paragraph to be within that judgment is Pablo at 96 there are other examples of when a trier might have started. For example, if you got days and days of legal argument before the jury are in pant wound, then of course, those are trying Gaby's it. Those legal arguments result in the jury being sworn the prosecution opening the case. They are treated as trying days worth the read in particular paragraph 96 definition of a Newton hearing. Remember, it's only a Nugent hearing and paid as a trial it be divined that the ground called by way off, having Bean sent Section 51 of the climate is old right? 1990. Here. The definition of a routine hearing on the circumstances which such a hearing will be paid as a tri ALS are all set out in the Crown Court fee Guidance. As I put there, watch out for him electing trial by juvie on then, of course, PD guilty on indictment and if the judge thereafter once a Newton hearing, that shouldn't be a problem because he did elect. But the argument is, of course, if he elects AM pleads guilty, there's a fixed fee payable to the litigator much rather to ensure that it is paid as a trial that he doesn't elect, that they either decline jurisdiction on the matter. The other point I'd make before I move on is watch out for him pleading guilty in the magistrate call on being committed the sentence because in those circumstances, for sure, there is a big speed payable to the litigator. We looked at it earlier. £330.33. Maybe Lex on then enters a guilty plea. Ordinarily, that's going to be a big street. If the judge decides there after that, he or she wants a Newton hearing. I think you might have some interesting discussions with the legal aid agency as to whether or not you get out of your fixed fee on into a trial. They, as a result off the Newton hearing well, I would say is Do your best. A slide number he on the crown called the guidance document continued. Obviously we get the definition, or PP eat up from that particular document. It's contained in Appendix D. We've also got the definition from parliament of what he's p p e contained in statutory is to in 2012 number 750 at paragraph 12. Appendix D also considers the leading case in relation to Napper Nap. Of course, if you know that was the decision regarding whether or not something is p p e when it's being served upon us upon you. In electing Elektronik format now, Napa said that it is to be treated as P p E, even though it's been served in Elektronik format. If it were why, as the saying degree of consideration as water of Being were Quiet had been served upon you as people, in other words, easy Jermaine to the prosecution case. Is it the fulcrum of the prosecution case? Is it evidence upon which the crown are relying in order to get home on their case? And we all know the classic example is probably telephone evidence yet served as a P D F document, it might be hugely crucial to the crown in making out there conspiracy case. If it is, then Napa is authority for the proposition that regardless of the fact that it's a Pdf document and it's never seen a tree, it's to be pay as a gay. No doubt you would have some interesting discussions by email with legal aid agency in relation to being paid people e rather than hourly rates of special preparation. Clearly, this is an argument which you must win the difference between being paid hourly rates. The special preparation on being paid on a page count from the tables is huge. Special preparation slide. Six. When do we get involved in special preparation while special preparation and hourly rates maybe Clay Mobile by the litigator On cases where the people e exceeds 10,000 pages, all of the tables are capped at 10,000. Anything over 10,000 pages could only be remunerated by way of special prep at the arguments. The hourly rate figure is contained in statutory instrument 313 number two So 313 of 2000 and 16. You see if you look at that statutory instrument that there is a page with hourly rates upon it and they are different hourly rates according to the level of person dealing with the case, those hourly rates are your special preparation. Hourly rates in brackets litigator. They're also your proceeds of crime. How you mates spectre special preparation as that Rikkert again hourly rate may be claimed on those Various hourly rates are set out in the three statutory instruments that I mentioned for advocates earlier. They are claim a ball, but watch out. Watch out if you're claiming as advocate because statutory instrument 2000 and 18 number 220. Yes, you can playing hourly rates, but it's not necessarily for a page count in excess of 10,000. It always is for the litigator, but within Africa dishonesty you can only claim is an advocate. Special prep hourly rates, where the page count is in excess of 30,000 pages and for drugs offenses as an advocate. A. You can only claim that special crept of whether page count is in excess of 15,000 pages. You will need to provide a work long showing precisely what you did as a result off reading. At those papers, an example of a work block is provided in the Crown Court. The guidance document at Appendix A Please pp's give some fall to the compilation of work log. If you're going to be putting in a Clayton off Special prep and how the reins and think of that log at the very beginning of the case. And if you know that the page count is going to be really heavy, clearly there's no point in, say, so many minutes per page. I'm afraid the legal aid agency won't pay for that. They want quite a detailed work log from you. And that's what you're playing me as litigator. Well, I think fixed fees for litigators. In other words, not graduated fees. No fees based upon a page count from the tables. When is the litigator paid a fixed fee? What they are paid you are paid fixing. If the matter arrives at the Crown Court by way off, happy be committed. Presentence fi effectively will be the category one lower standard fee, possibly hip. It's a game you play, possibly a category to feed. If he's committed for sentence after trying, there's a fee for your Magistrates court work and a big speed for the committal per sentence, which is, you know, is Clay Mobile as a crown. Call Bixby on your Crown Court. Fine. All the fees are mentioned in statutory Instrument 2060 number 313 Fixed fees are payable to the litigator where the matter revived at the Crown Court by way of an appeal against sentence or an appeal against conviction. A gay there set out for you in statutory instrument 2016 Number 313 Fix These also payable whether defendant elects Crown Call prior and pleads guilty or possibly where the case cracks dependent upon what happens at the crown call. I get mentioned earlier did night that if it tracks because the crown offer no evidence on ALS accounts and the judge directs and no guilty verdict, then you are no on a fixed fee. You are on a page count fee, as litigator Newton hearings were. A Newton hearing takes place following a guilty plea. The difference between what the prosecution and the defense off saying would materially affect the sentence. Litigator is painted trial fee based on a page count where the matter has been sick to the Crown Court and the judge requires a new been hearing not so cause. If committed presentence. In order for the litigated to be paid trial fee, the looting hearing must actually take place. The guidance is no to clear as to what the the litigator is supposed to play him. Where the matter is sat down for a Newton hearing but doesn't take place. It just says you cannot play a trial thing. Okay, now. But what is it? Is it a guilty plea? Faith? Is it a crack trouble thing about the guidance is silent on that. It may be that if you've done a fair amount of work by where preparation for the Newton hearing, which subsequently doesn't go ahead, you might want to try and claim crap trial thing. But you clearly have to make out your case. There's something more than it gives you. Please was warming. Newton hearings Africa. It's just like the litigator. The Advocate has paid a trial fee based on a page count where the matter has been sent to the crown, called a new thing here in Cape. Whether matter has Bean committed for sentence and the judge replies in Newton, advocates are in a slightly different position. Litigators advocates are paid at discretion re hourly rates and, of course, it claims must be made to that which was formerly known as the National Taxing Team. But we now have to call it criminal Case is unique. Think about it. If he's being committed for sentence. The Nor Warm is that the Advocate will receive a big speed of committal for sentencing. It would seem rather that but the advocate to simply be able to claim that big screen when the judge decides that he or she wants a nuke in hearing that might last the best part of a whole gay no circumstances. It's clearly unreasonable for the Advocate to be expected to do all of that work for simply the committal for sentencing. So in those circumstances, of course, Advocate applies for discretionary hourly rates to the criminal cases. This only applies where the matter survived at the Crown Court by were having Bean committed presentence. Clearly, the matter revived at the ground quote by way of having Bean ST. There would not be an issue It be ST, and it takes bases and Newton's theory. But the litigator on The Advocate are paid effectively from their respective tables that are set out in the statutory instruments, and they are paid. I drive where a new team hearing does no take place. What is the advocate to claim well from the Crown Court guidance document? At least the guidance who advocates is a big, clear cleaver. It does say, if it doesn't take place, the Advocate takes a guilty plea fate if the guilty plea was entered at all before the PT PH. If, however, the guilty plea was ended after the BT B H than a crack trial fee, maybe claim seems to me that most of the time that guilty pleas going to be ended at all before the P. T. P H. And therefore unfortunately, the advocate falls back on a guilty plea thing that seems rather unfair to May. If the Advocate has done quite a bit of work in relation to the preparation, have a contested nuclear hearing, I say congested, Of course, it's a dispute on the factual circumstances have the incident. It's like a only rates most of the time. Most of the time, the litigator will be paid a page count fee because the matter will have arrived at the crown my way or having bean safe. But the litigator may claim remuneration at hourly rates, or where the PP is in excess off 10,000 pages. That instigated may play remuneration at hourly rates for proteins of crime work. The litigator on they claim preparation or special prep hourly rates where the evidence is being served in a non paper format. Pdf document and the legal aid agency take the view that he is no payable as people now. It may be that it has been served in terms of a disk or memory stick or some other known paper format, and it may be the case that part of it is p p. A apartment isn't PPE in those circumstances, then may be an argument that the P P E element is clay mobile as p p. E from the relevant tables on, of course, that which is not deemed to be p p e. There might be an argument for a play team by way off special crab at Audi rents. It's a gray on difficult gay area because, of course that which is no p p e. They will be deemed to be unused material, in which case there is no payment at all war for reading unused material, so that on occasion could be a bit tricky as to what the actual claim is. If the legal aid agency are not happy that all of it should be claimed as people. The argument, of course, and the defense might be, well, it'll have to be read just to try. By that which Waas appropriate PPE and that which was not. There's lots of case law. Give this particular value. In addition to the above, an advocate may claim hourly rates when researching unusual or novel points of law or factually shoes. If you look at the Crown Court feed items document that research hourly rates special pet only applies to applicants. So there you are. If you're a litigator and there is some unusual or novel point of law or factual issue to be address, it ought to be done by the person wearing their hat as applicant. And that person may be another person within your family. It seems to me there's no bomb to two people within the same but, um, both doing the particular work, one of them wearing the hat as litigator, one of them wearing the hat as advocate. And it would seem to me that not to be a copper for both lawyers to make it, I think what you have to be careful is wary. Both hats. I think you might struggle as it were if you were both hats to get the full, see you in both your capacity as litigator and that's good on no authority on. The point it has been said in various cases of Napper was one of them was that the legal aid agency didn't have to pay bo theories when one person was where we both hats. But now that page count doesn't feature at all as part of the Advocate Street you that argument from the agency that might be slightly weaker, that he's being in the past, that's something that might have to be tested. 11. The information you require to build your case as litigator. It's not complicated, is it? You need the type of case. Was it a guilty plate? Was it a crack trial? Was it a truck? How did you survive at the Crown Court? Was it ST Wal Mart home that it was sent because it sent in the vast majority of circumstances you're going to repay on a page camp? Watch out for those people who elect on a matter triable. Either way, those people are still sent. Now when they pee guilty Funny guy ointment. It may well be. All you can claim is a big Spain of £330. 33 b. What was the events? Classically Keisha, you A through decay. What was the PPE, Andi in the event of there being a trial, What was the driving? How many defenders were represented? Don't forget your up lips. There's no uplift if you represent only one client. But if you represent 23 or four, you get your feet plus 20% of your faith. Don't get me wrong. You don't get 20% decline to in 20% client three and 27 per client before you get your feet plus 20% so effectively you are looking off the client's three on for for no fetal because you get your B plus. 20% of you will be if you just looked after two clients. If you have five plus clients to look after the Crown Court, you get your fee plus 30% of your thing. The information you require to build your case as Africa. Then you need the type off case. Listen, you keep playing or did it crack in the first or second all did it crack in the final third all. Was it a try? Now watch out the days. The new scheme for the building of Advocates. The tables are set out in statutory instrument 2000 and 18. Number 220 on those tapes was Are different to the table was in the former ski human Remember Statutory instrument 2000 and 13. Number 43 Fun you but cases prior to the first of April 2000 and 18. Those tables are guilty. Play cracking in the 1st 3rd was one table cracking in the second or third. Next table tribes. Three different tables. Can you see now with these new three tables? It's a guilty plea. Be a bit cracks in the first or 2nd 3rd toe anything. Anything that doesn't crack in the final third is now paid as a guilty plane. It's only paid as a crack trial if it cracks in the final third. Trials, of course, remain the same trials. Pay this times, you might say, Well, what's meant by the first or 2nd 3rd or the final? Well, let me give you an example. Imagine that Did not guilty played. He's a imagine that the case is set down for trial, all is put into a four first warm list. Imagine the period is one of three months. I remember if it's three months and it becomes cracked in the first all second of those three months, it is said to crack in the first or 2nd 3rd Well, it would be. That would be the first or 2nd 3rd of a three month period. You would be able to claim the fake cracks in the final third if it cracked on the first day of the three months of that three months. If it doesn't crack, adored, then, of course, your pain, your child quite different from what we had before, because the table we had before the advocates was guilty, plea or cracking in the 1st 3rd only the next table with immolation to cracking in the second or 3rd 3rd the next table was trying things. Now there's a huge difference in relation to the new scheme. For the payment or advocates, PP is no longer on element at the Advocate speed. It doesn't feature at all, whereas under the old cannibals, it stack into instrument. 313 3435 of 2030 human for 35 of 2013 page count was an element of the advocates state. It is now no longer an element of the advocates state that's going to be really troublesome for high page count cases dealt with by the more senior end of the bar, who traditionally have dealt with the heavy paperwork cases with heavy paperwork cases. Advocates are very much down on their three years under this new scheme. What else is new under the new scheme? All right, with Tri ALS, the advocate is paid a basic three. They kept the concept of the basic B, but the basic being out covers the first day of trial. Only all of my a daily attendance refresh your fee from day two and beyond. This is different for suddenly old basic you exacted to re instrument for three fun. You have 2000 and 13 where the basic be covered. The 1st 2 days of tribe, also new. Under the new scheme, Africa's air now paid a fixed fee for the P. T. P. H. It was formerly part of their basic advocates and now paid a fixed people one standing appearances that first all standard appearances were formally part of the basic fee. But now advocates could play you all standard appearances from the very 1st 1 And those fees for PTP pages and standard appearances have Bean increased, ceased after Trian started 2000 and 18. Number 220 they were increased yet again. It's doctor to Instrument 2018 number 13 23. What does this mean? What? It means that if you're doing short trials with low page count and you've attended PTP age and you've done a number of standard appearances, your B is going to be better than the oh fee under the old sister. Of course it is your basic keep feet. Just comes the first day of the trial, your pay of B for day two and beyond. You weren't under the old system. You're paid a fee for the Petee pH. You weren't under the old system. Your page standard fees from your 1st 1 You weren't under the old system when your 1st 4 were included in the basic. So in a nutshell, if you're making these attendances and you're doing short trials as an advocate with low page count cases. Your fees are higher than they were under the old system. You lose out considerably under the new scheme. Of course, if you're dealing with high volume page count cases where page count is no longer an element or determine it of your fee as applicants, so some some part of the bar will win out, others will lose Lose out offence classification were yes, a through decay only relevant. Now, if you're dealing with building the case as litigator, those classifications have gone under the new scheme for Africa. For advocates on Slide 13 we now have 17 categories or offenses and band ings within the categories as I put their see. The banding of events is document published by the Ministry of Justice, February 2018 Version 1.1 and of course, you need version 1.2, which came out in December 2000 and 18 to coincide with the implementation of staff, decreased with 2018 number 13 23. The increase in fees for the advocates that came in in December. Please BP's. Make sure you've got those two documents you couldn't build a case from the perspective off advocate without knowing. First of all, what category of offence you were dealing with and what band within the category at the offense fell into. Trust me. When you read those banding of offenses documents, it will become crystal clear. They are not difficult documents. It may be that you be applying for reclassification off the count on the indictment, in which case you have regard to the environment agency planning good tones and Abraham, which is a very interesting case in which there was a successful reclassification of the count on the The judge Cough stuck in that case was this way that the effect should be really classified as a serious offensive dishonesty exceeding 100,000 so capable as a K Worse, of course, the legal aid agency had put the matter initially as H size 40. How many cases have you got when you come to Billy? Well, if you're building it from the perspective of litigator again, the Crown Court, the guidance document is very useful. Were battery sent that's going to be a B where a mattress committed for sentence. That's another B where the match is the subject of an appeal. That's also a separate fee. Those are three separate cases to bed. Yeah, way matters are sent. The guidance tells us that a single case is defined as proceedings against a single person on a single indictment, regardless of the number of counts on the indictment. So you simply count the indictments. It's OK. It's a P per case per indictment. Conversely, two indictments may be joined together, in which case your tune cases have now gone down to one. So, quite simply, how many cases if you got you got to ask yourself, How did it arrive? A violent ground court. Was it sent? What it committed isn't an appeal because there's clearly separate cases. Also, you've got to ask yourself with matters that sent how many different indictments do we have? You are paid of B, uh, India. See the Crown Court fee guidance stuff like 15. How many cases at because when a gay the ground coffee guidance Incredibly useful on the matter. A case is defined as proceedings against a single person on a singling dime, regardless of the number of counts. So again, you're effectively counting your indictments. It counts. Have bean severed so that two or more council to be dealt with separately. There are two cases. Conversely, it is one case where the defendants are joining into one day if two defendants are to be dealt with separately. Two cases if two indictments were committed together but dealt with separately. Two cases. It's exactly the same for advocates, for example. Consent. That's a day. If it's an appeal, that's a big if it's being committed. Percenters. That's a P. You have three separate cases as advocate when you come to build retrials, retrials and transfers. Litigators Part four or statutory Instrument 2030 Number 435 is headed. Defendant up clips, retrials and transfers. Have a look at it. You'll find it on pages 81 to 84 of the document. It tells you, first of all, about the up cliffs. When we know about the uplifts, we consider those in an earlier slide. Retrials and transfers are dealt with in a meat table on page 83 84 of the Doctor, and I put that I should merely extract two examples. Crack trial before retrial. Where there is no change of litigator, you take the crack trial and take 25% have a crack trial fee where there has been no change of litigator retrial again. Where there is no change of litigator, you take 25% of the trial fee, and that's 25% of the value of the new event. You must always pay yourself a percentage of the new event. I've just given you two examples there. There was some 20 different scenarios in the tape well worth of the because clients do come to you once they had they try. They want you for the retrial, etcetera, etcetera. Tonight, 73 trials at Birkerts well again, it's always set out in the Crown Court. See slightly different in relation to that, because, but simply the guidance says it's follows not difficult. If the new trial starts within one calendar month of the first trial, the Advocate has paid a new trial graduated fee but reduced by. Thank you. If the new trial starts later, the one Canada month the Advocate takes the be reduced by 20% where the but provision applies, the advocate can elect, from which trial the reduction should be made. Don't deceive that both trials will be of equal value. One trump may last longer than the other. That may be the service of additional P p e except her. So there you are. I think the guidance on that Page 23 as to what you're going to be paid for the retrial. If you're the same advocate, it's pretty clear. 9 18 Pop Cup proceeds of crime advocates I've already mentioned that Parker Hourly rates political. Just a cake containing the statutory instrument 2016 Number 313 Fees. The Confiscation hearings for Africa. It's also dealt with in part five of the 2000 and 13 secretary Estimate number 435 The theory, of course, is dependent upon the experience of council dealing. There's also a daily rate or half day rate. There's also course various band ings in relation to how many pages were It is mawr than 1000 pages. It's preparation a county rates now do a C statutory instrument. 2000 and eight Eaten number 13 23 Because, of course, those contain the current rates. For advocates, there's been no change really in relation to how the things are worked out. It's the same format that we had in statutory instrument for 35 of 2000 and 30. It's just that in that new 2000 and 18 statically instrument at the rates are slightly higher. It's like 19 probably, but pain clients, a small category of client will be deemed ineligible for Crown Court Delayed. These are the client with the joint household disposable income of 37 a half £1000 or more. Now the bump clients will only be represented if they're paid privately, as legally was refused on the grounds of means. It is permissible who a judge to make a dependence costs. But and it's a huge. But watch out for these clients who are paying privately because a judge cannot make that dependent costs order unless has being an application for legal aid. And it's being refused on the grounds of means. Clearly, such an order will be taxed at the legal aid rates that would have *** and by the litigator stroke advocate at the grand Cool. Leaving aside that minority of people who are refused on the grounds of meetings, everyone else appalls has the benefit of a rep older with all without a contribution. Andi, in the event of a partial acquittal, do know, Forget to apply what we call judicial apportionment. The judge could do what he or she likes with the contribution if the case that the Crown Court turns out to be rather let's that was stormed at the time when the contribution was first assessed, for example, on indictment that could date a count upon it that may be reduced toe all. In which case there might be a good argument for seeking to persuade the judge that the contribution should be hard. If you do forget that you don't do it on the day you have 14 days within which toe applying to the Crown Court judge for consideration of judicial a portion but of the clients complete immersion. But if you forget, I'm not aware that there's anything you can do about it. What's the 40 days heavy laps problem areas tonight? 20. The Lord Chancellor Michael J. Reed Limited video audio footage cannot be claim as special threat as it doesn't fall within the context of any document. The case of neutrality Cooper actions in the Lord Chancellor. I was in hours and hours of CCTV footage Just know plane time to do not qualify for the lead on the grounds of means in the Pakistan called and who is guilty and are committed for sentence. You may away No, no, it that these people become ineligible. The cry uncle much better. Sure he is to hold off the plane. You could indicate you don't have to formally be guilty. Indicate your plea at the Magistrates court stage on then be ST Everyone who is sent to the crown Pork, of course, becomes eligible for a crown called leveled with all without a contribution save for those people who have a joint annual household disposable income of 37 a half £1000 a year. And I would have fought there won't be too many of those horse. You might have the issue of having to persuade a judge to give full credit to explain why the formal plea of guilty was no entered at the Magistrate court. Strange, it is my view that Crown Court judges have much rather have people appearing before them who are represented and so called stats. A good argument at the same to the judge. The full credit should be given had he pleaded guilty and being committed a sentence because he was ineligible. That is a at the magistrate court stage. He effectively at my well being, appearing at the Crown Court unrepresented and that he is not a thing. The judges tend to life warrants of where the case is not concluded at the ground court. Do have a look pleased at the Crown Court, Feed guidance on page 50 and do also. That's the logical just. It's not too bad, but just also have a look of the guidance in relation to how the advocate is to be paid. And you've got their statutory instrument. 2000 and 18. Number 220 The new scheme that was introduced for the payment of advocacy piece back in 2000 and 80 which sets out fully the current position in relation to Wallens. Very important for the Africa to read. In a nutshell. If it's a case on indictment not executed within three months, then the advocate complain a guilty pleas. If executed within 15 months, you would simply submit your bill for overall remuneration, of course, deducting the earlier guilty plea thing. So wait three months after three months. Of course, you can play the guilty plea se. It is then executed within 15 months from its issue, you would submit your new thing. It might be a trial they deducting from it the earlier guilty pleas E which you had all that he be given. Now it's silent as to what should happen once 15 months of Villa still have a little read. It may well be that it be one isn't executed until 50 more than 50 months of relapse you would be entitled to a whole you, including that initial guilty play faith, which you had already planned. Well, there you are. That seat, the our ghost rather quickly doesn't. What can I say? All I can say in relation to playing this litigator is trying wherever possible, to get the matter of the ground court by way off, happy being sent. It's likely to be a high faith based on a page count and, of course, trying a set so that if the judge requires a Newton Khiry, if it goes ahead, it's going to be paid to both. Litigator adapted good as a tribe in relation to advocates. What can I say we have the new scheme. It's being voice upon confection. There will be some lawyers at the more junior end of the bar who would win out because they will see an overall increase in there. He's the more senior and with bar will most certainly lose out. Because, of course, page count is not an element. And no, a feature of the T at the advocates. Of course, another problem is going to be that his work becomes more and more scarce unless remunerative for the more senior end of the bar. Then, of course, the more senior end will start taking briefs that in the past they might not have taken. Thus be problematic the people at the junior end. So whichever way you cut it, I don't think the new scheme is going to be beneficial to advocates in the long Well, that really remains is for me to thank you on behalf of data or for listening to May for watching at this particular video. I hope if nothing else, I've alerted you to the relevant guidance document on the relevant statutory instruments, all of which that need to be fully read in order to build a case. Could I look forward? That your company again in the not too distant future on other Web annuls. Thank you.