Committals for Sentence

The introduction of Means Testing in the Magistrates’ Courts last year was accompanied by the production of a new standard form of Representation Order.

The new form of order provides that:

“This order automatically extends to cover work by a solicitor for any subsequent committal for sentence hearings at the Crown Court.

This order automatically extends if the case is committed or sent for trial to the Crown Court and will therefore cover work by a solicitor and advocate in respect of the Crown Court Proceedings”

The guidance issued by the LSC states

The rep order also covers work by a solicitor for work associated with a committal for sentence. The order automatically extends to cover work for the Crown Court hearing. Payment for this will be at the agreed LSC solicitor rates.

It is apparent from the above that there is currently no automatic extension to cover actual representation (ie advocacy) in the Crown Court, as the advocate can only be paid under the Graduated Fee Scheme, whether s/he is a barrister or an HCA.

This matter has been taken up with the LSC who are proving rather slow to a) understand and b) respond to the issue.

In the meantime, in every committal for sentence counsel should check their Representation Order, and if it is in the standard format (ie as above) they should apply to the Crown Court Judge at the commencement of the hearing to extend the RO to cover representation in the Crown Court.