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.