Claiming advocates’ graduated fees under the Criminal Defence Service (Funding) Order 2007 where there is an unexecuted bench warrant
17 September 2012
Criminal practitioners will be aware that the current published
guidance from the Legal Services Commission states that no
graduated fee payment can be made where there is an unexecuted
bench warrant. However, the decision in R v Metcalf
(Senior Courts Costs Office, 26 March 2010) found that under
s 9(2) of the Criminal Defence Service (Funding) Order 2007
(as amended), advocates are entitled to claim payments for standard
appearances where an unexecuted bench warrant persists.
The Ministry of Justice has confirmed that the Legal Services
Commission will make payments for standard appearances made before
the issue of a bench warrant. If the warrant is eventually
executed, any payments for standard appearances will be deducted
from the overall graduated fee payment.
If you have any further questions please contact Sarah-Jane Bennett,
Remuneration and Policy Officer.