Fees Bulletin No.1 of 2023 - Graduated Fee Scheme (F)

1. This fees bulletin details the changes and implementation arrangements in respect of the CPS Graduated Fees Scheme F (Scheme F), which will come into effect on 2 May 2023. 

Summary of Changes

2. The following changes have been introduced under Scheme F: 

• 15% increase to all GFS fee rates – main hearing fees, fixed fees, calculated fees 
• 10% case uplift for sentence hearings where multiple cases are sentenced on the same day
• New fixed fee of £670 (ex. VAT) for section 28 cases 
• Inclusion of Streamlined Forensic Reports (SFR1) within the GFS page count

3. Scheme F also clarifies the payment arrangements in respect of consolidated indictments, and Preparatory Hearings where there is a change of advocate.

Implementation

4. Scheme F applies to all hearings, in existing and new cases, that take place on or after 2 May 2023.  
5. Concluded hearings in ongoing cases that took place prior to 2 May will be paid under scheme E, as will cases that concluded prior to implementation and have yet to be paid.    
6. In example 1, the PTPH and Mention both occur prior to the implementation date and fall to be paid under scheme E (old rates).  The Plea hearing is listed on the date of implementation and is therefore paid under scheme F (new rates).   

Example 1

7. Where a hearing is part-heard on 2 May 2023, the fees for the entirety of that hearing (not the case) will be paid under scheme F.  This applies to all main hearings, such as part-heard trials (incl. effective Newton Hearings), and part-heard fixed fee hearings, such as legal arguments or conviction appeals). 
8. In example 2, the hearing on 14 April is paid under scheme F (new rates) because it is part of the trial main hearing (effective Newton hearing) that concludes on 2 May 2023.  

Example 2

9. In example 3, all the hearings are paid under Scheme F because the legal argument was part-heard on the implementation date.

Example 3

Scheme F rates of remuneration

10. All fee rates payable under Scheme F have been increased by 15% from those which apply under Scheme E. This includes main hearing fees, fixed fees and calculated fees.

Sentence fees to attract case uplift

11. Under scheme F, where more than one indictment is sentenced at the same time, the Sentence fee (SHR) now allows for payment of a case uplift(s).

Inclusion of Streamlined Forensic Report (SFR1) in the page count

12. Streamlined Forensic Reports (SFR1s) are now included within the GFS page count in Scheme F cases.

Section 28 Hearings

13. Scheme F introduces a new fixed fee for Section 28 cases to reflect the additional preparatory work required. This is a one-off fee of £670 (excl. VAT) payable to the advocate who conducts the s.28 hearing.
14. The s.28 fixed fee is the same, regardless of offence type or advocate type i.e., King’s Counsel, Junior alone etc. It is paid once per case, regardless of the number of s.28 hearings held. It is paid in addition to the trial fee element payable for that hearing. The notional hearing date for the payment of this fixed fee will be the date of the initial s.28 hearing.
15. In circumstances where the advocate conducting the s.28 hearing is different to the trial advocate, the s.28 advocate will be considered ‘Stand-in Counsel’. The trial fee and s.28 fixed fee will be paid to the trial advocate, who will be responsible for reimbursing the s.28 advocate the s.28 fixed fee and appropriate trial daily fee (TDF), based on the number of days they ‘stood in’.
16. If a s.28 hearing lasts more than one day, a further trial daily fee (TDF) will be paid from day two onwards and added to the days of the substantive trial.
17. In example 4, Advocate A conducts the s.28 hearing and the substantive trial, and so is paid for a 4-day Effective Trial main hearing fee. The main hearing date is the date of the section 28 hearing on 9 May 2023. The advocate also receives the s.28 fixed fee of £670 for the hearing on 9 May 2023. 

Example 4

18.  In example 5, Advocate B covers the substantive trial and so is paid a 4-day Effective Trial main hearing, plus the s.28 fixed fee for the s.28 hearing on 9 May. The main hearing date is 9 May.
    
    However, because Advocate A conducted the s.28 hearing on 9 May, advocate B is responsible for reimbursing them the s.28 fixed fee and a single trial daily fee.

Example 5

19. In example 6, Advocate B covers the substantive trial and so is paid a 5-day Effective Trial main hearing, plus the s.28 fixed fee for the s.28 hearing on 9 May. The main hearing date is 9 May.
    
    However, because Advocate A conducted the s.28 hearings on 9 and 10 May, advocate B is responsible for reimbursing them the s.28 fixed fee and two trial daily fees.

Example 6

Consolidated Indictments

20. Scheme F confirms the approach taken where indictments are stayed to allow a newly consolidated indictment to be preferred, based on the same facts and evidence bundle.
21. In such circumstances, the main hearing will be deemed to be the hearing(s) at which the consolidated indictment is resolved. Accordingly, there will be no main hearing fee payable in relation to the disposal of the original indictment(s). This reinforces the principle that there should generally be one main hearing per defendant per case.

Preparatory Hearings where there is a change of advocate

22. Scheme F clarifies the position in respect of Preparatory hearings where the advocate who attends the Preparatory hearing is unable to conduct the substantive trial.
23. If a case is listed for a Preparatory hearing, having been formally adjourned to trial, this hearing is regarded as the start of an effective trial and is the main hearing date for the subsequent substantive trial.
24. If an advocate conducts the Preparatory hearing(s) but does not conduct the substantive trial, they will be classed as ‘Stand-in Counsel’. Accordingly, the entirety of the Trial fee, including the days of Preparatory hearing, will be paid to the advocate who conducts the trial main hearing. They are then responsible for reimbursing the advocate who conducted the Preparatory hearing(s) by way of a Trial Daily Fee(s).
25. Subject to the circumstances of the return, the advocate who conducted the Preparatory hearing but returned the case may also be entitled to claim wasted preparation.
26. The Revised Scheme F Manual of Guidance and annexes contain details of all the changes and are available on the CPS internal intranet and CPS website. Should you have any further queries in relation to this Fees Bulletin, please contact your Case Auditor or the CBU Fees mailbox ([email protected])

Wendy Pitsillides
Head of Fees
Court Business Unit