5.97The fact that cases are sentenced together is not relevant if they commenced as two cases. If the cases are committed on separate dates but listed together separate fixed fees remain payable as there were two sets of proceedings.4R v Griffiths SCCO 277/10.

5.98Even if cases are committed on the same day for sentence there are separate proceedings and so separate cases when they were charged separately and there were:

5.100Solicitors will, prior to appeal or committal, need to consider with a client whether they can provide a professional service at such fees and advise clients appropriately where there are alternative ways to proceed. Thus, for example, if there are disputed facts on a guilty plea it will be necessary to consider with a client whether the fact that a trial fee is payable for a Newton hearing in the Crown Court may enable the case to be better prepared.

5.101The fees for breach in this table are limited to breach of a Crown Court sentencing order.6CCFG Appendix I. Where the breach is itself a criminal offence, full graduated fees are available. Guidance is given in CCFG Appendix F. If a person commits two breaches of an order separately alleged, two fees will be payable.7CCFG 3.18.

5.102The fee for contempt proceedings is limited to contempt arising during the course of the criminal proceedings and not those that are identified as prescribed proceedings.

5.105However, a very rigid fixed fee scheme applies if, the particular defendant elects for trial, and there is no trial either because there is an acceptable plea by the defence to one or more matters. The fixed fee applies even if the Crown substitutes a different charge to which the defendant would have pleaded guilty in the magistrates’ court.

5.106The fixed fee is £330.33 per set of proceedings for all cases where the representation order is dated on or after 1 April 2016.9Sch 2 para 11.

5.107The fixed fee for advocacy is paid in addition.

5.108If there are confiscation proceedings the normal rules (at para 5.143) apply in addition to the fixed fee.

5.113Special preparation may then be claimed for the number of pages by which the PPE exceeds 10,000. The fee is calculated on the number of hours it reasonably takes to read the excess, by a fee earner of the grade actually and reasonably used.

5.114Special preparation can also be claimed where a case is heard on indictment and any of the relevant prosecution material is served in electronic form only, does not count towards PPE, and it is reasonable to make an additional payment based on the number of hours considered reasonable to view the material at the hourly rates appearing below. Electronic evidence is any document provided on CD-Rom or by other means of electronic communication. It does not include audio or video cassettes. To claim the time reasonably spent considering a CD-Rom, it must contain evidence (and not unused material) which falls within the definition of Remuneration Regulations 2013 Sch 2 para 1(2), as amended (see para 5.20).

5.115If the electronic evidence includes prosecution evidence or exhibits it is often financially advantageous to claim the PPE mark-up described at para 5.20 when this is possible.

5.116More information on special preparation appears at para 5.143.

5.118Special rules apply when there has been a section 51 sending and the case is discontinued before any evidence is served or an application is made to dismiss (see para 5.136).

5.122In cases which have been sent for trial at the election of the defendant, the initial fee payable on a transfer is £330.33 (from 1 April 2016). However, if a trial does in fact result the original litigator is entitled to claim the balance of the fee due under the table that follows, but giving credit for the amount already received.

5.126Where a representation order is withdrawn this is treated as a transfer away from the litigator at the date of withdrawal.

5.130In managing a case solicitors will wish to calculate in advance the likely fee. The following stages apply.

5.134The uplifts for the number of defendants represented by a firm are set out in appendix H.

5.135The adjustment for firms that do not act throughout apply when this is a transfer of legal aid or a representation order is withdrawn or a VHCC is agreed, or there is a retrial. These appear above and at appendix H.

5.137When those proceedings are discontinued or dismissed fees are payable as follows:

5.139An application to dismiss which does not succeed adds no value to the litigator’s fee.

5.141No additional fee is normally payable for any work done in connection with a sentencing or deferred sentencing hearing.

5.144This also applies to work in connection with confiscation proceedings and this should be separately recorded. For this reason a confiscation file should be opened at the first opportunity as the fees are additional to the graduated fees.

5.145If the work is actually and reasonably undertaken, an extra payment will also be paid by the appropriate hourly rate for the work in connection with such material. This will only apply to material that would qualify as PPE if that material were in paper form.18Lord Chancellor v Michael J Reed Ltd [2009] EWHC 2981 (QB). Electronic discs of an audio record, even though served as evidence or an exhibit, cannot count towards page count or (for that reason) as special preparation, save to the extent that they are reduced by the Crown to a transcript.19Lord Chancellor v McLarty & Co Solicitors [2011] EWHC 3182 (QB).

5.146The work is remunerated depending on the grade of fee earner engaged in the following areas:20Sch 2 para 27.

5.147Fee earners are at three grades. These are defined by regulation 2 of the Remuneration Regulations 2013.

5.148Senior solicitor (Grade A) means a solicitor who in the judgment of the appropriate officer has the skill knowledge and experience to deal with the most difficult and complex cases.

5.149Solicitor, legal executive or fee earner of equivalent experience (Grade B) means a solicitor, Fellow of the Institute of Legal Execu-tives or equivalent senior fee earner who in the judgment of the appropriate officer has good knowledge and experience of the conduct of criminal cases.

5.150Trainee solicitor or fee earner of equivalent experience ( Grade C) means a trainee solicitor or other fee earner who is not a Fellow of the Institute of Legal Executives who in the judgment of the appropriate officer carries out routine work on a case.

5.151Grade A is a senior solicitor and so must be qualified. Grade B is a solicitor, legal executive or fee earner of equivalent experience. Grade C is for trainees and those of equivalent experience. It must be reasonable to use the fee earner of the relevant grade.

5.152In making that decision not only is the complexity of the case relevant,21R v Green TMC S13. but the nature of the defendant.22R v Bury Magistrates’ Court ex p Cornthwaite CO 296/95. TONG suggests that Grade A fee earners will deal with cases in classes 1 and 223As defined, in the original guidance by the Consolidated Criminal Practice Direction: Classification of Crown Court Business and Allocation to Crown Court Centres. This appears now to accord with Classes 1 and 2 of the Criminal Practice Directions X111 B1 Classification. and the unusually serious or complex cases in other classes but subject in both cases to appropriate delegation. Complexity is of particular relevance in confiscation proceedings.24See also Halcrow TMC S14. There is a rule of thumb that about seven years’ experience of criminal work is required but with specialist firms the experience can be gained more quickly.25Badham SCTO 621/93. An unqualified but experienced member of staff may qualify as a Grade B fee earner and attention can be given to the person’s total experience of criminal law.26Ali TMC S12. The definitions in the Regulations suggest that if the work conducted is more than routine Grade B at least should be claimed. Those attending court in confiscation proceedings will often need to read themselves in to a case if they are not the fee earner handling the matter.

5.158The fee is set at two levels: