Fees Bulletin 2 of 2024 - Section 28 Interim Payment and VHCC Reduced Scheme Threshold

1.    This fees bulletin outlines the introduction of a new payment trigger point for Section 28 Fixed Fees and a revision to the VHCC reduced scheme costs threshold.  Both changes will apply to new and existing cases from 6 May 2024.

S.28 Interim Payment

2.    The CPS is introducing a new payment trigger point for Section 28 cases where the period of adjournment between the S.28 hearing and the trial is greater than six months.  In such circumstances, the advocate conducting the S.28 hearing can request immediate payment of the S.28 Fixed Fee.  

3.    Where the trial is listed within six months of the S.28 Hearing, this provision will not apply.

4.    A single S.28 Fixed Fee is payable in each S.28 case, even if there are multiple S.28 hearings. Attendance at each day of a S.28 Hearing is payable as a Trial Daily Fee (TDF).

Example 1

5.    In example 1, advocate A conducts the s.28 hearing and substantive trial. Under this new provision, because the trial date was listed more than six months after the S.28 hearing, advocate A would be able to claim the S.28 Fixed Fee immediately following the S.28 hearing. At the conclusion of the case, advocate A will be paid an Effective Trial main hearing fee, consisting of a Base Fee and two TDFs – one of which relates to the s.28 hearing on 1 February 2024.

6.    In ongoing cases as of 6 May 2024, where the S.28 hearing has already taken place but the trial is listed more than 6 months from the S.28 hearing, the advocate conducting the S.28 hearing can claim the S.28 Fixed Fee immediately, should they wish to do so.    

Payment of the Trial Daily Fee

7.    The TDF is not eligible for early payment and will continue to be paid to the trial advocate at the end of the case.

8.    If a ‘Stand-In Counsel’ conducts the s.28 hearing, the trial advocate is responsible for reimbursing the appropriate TDF, based on the number of days they ‘stood in’.

Example 2

9.    In Example 2, Advocate A conducts the S.28 hearing and advocate B conducts the substantive trial. As the Trial date was listed more than six months after the S.28 hearing, advocate A would be entitled to immediately claim the S.28 Fixed Fee. Advocate B will receive the trial payment consisting of a Base Fee and two TDFs.  Advocate B will need to reimburse Advocate A with a TDF for their attendance at the S.28 Hearing.

VHCC Reduced Scheme Threshold

10.    The cost threshold which determines whether non-Crown Court VHCCs fall to be managed in accordance with the Full or the more streamlined Reduced scheme has increased to £10,000.  

11.    The threshold has remained £5,000 since the introduction of the VHCC scheme in 2005 but will increase to £10,000 from 6 May 2024.    

12.    The VHCC Reduced Scheme threshold applies to smaller advice / pre-sending, Court of Appeal / Higher Court and Magistrates’ Court cases and determines whether a case falls to be managed in accordance with the Full or Reduced Scheme.  

13.    All payments in full scheme cases are audited centrally by Case Auditors in the Court Business Unit in HQ Operations.  Payments in reduced scheme cases are managed exclusively by the local Area/Division.  The reduced VHCC scheme does not necessitate the completion of a Case Plan and Stage Plan(s).      

Implementation

• 14.    This change will apply to new and existing non-Crown Court VHCCs from 6 May 2024 as follows:
  
  New cases – New cases will remain under the reduced VHCC scheme unless the estimated cost exceeds £10,000. If this point is reached, the full scheme will apply, and payments will fall to be audited by the Case Auditor.
• Existing cases – any existing non-Crown Court full scheme VHCC for which the actual cost is less than £10,000 will revert to become a reduced scheme VHCC to be managed by the local Area/Division, unless and until such time that the actual cost exceeds £10,000. If this point is reached, the full scheme will apply, and payments will fall to be audited by the Case Auditor.

15.    The calculation of estimated cost must be based on actualities and not be speculative.  A reasonable assessment of the known preparatory work and advocacy to be undertaken by the advocate should be completed.  If the advocate is subsequently instructed to do further work on the same case, the estimated cost of the total instruction should be reviewed and updated.  The estimate should be calculated using the following formula:

Cost of preparation (hours x rate) + advocacy costs (days x rate)

16.    Where more than one advocate is to be instructed, the estimated preparation and advocacy costs for each advocate should be combined.

17.    Non-Crown Court cases where the initial estimated cost exceeds £10,000 should be managed under the Full VHCC scheme and notified to CBU, via email to [email protected].

Further enquiries

18.    Updated versions of the Graduated Fees Manual of Guidance and VHCC Terms of Appointment are available on the CPS website under Information for prosecuting advocates. Should you have any queries regarding this bulletin, please contact your Case Auditor or [email protected].

Head of Fees