R v Pratt

Where an assisted person faces multiple offences on one indictment falling within different AGFS bands, the trial advocate may select the offence band under paragraph 27(1) of Schedule 1 to the Criminal Legal Aid (Remuneration) Regulations 2013. That selection applies to the whole fee payable for the case, including fees for a retrial on the same indictment. The fact that the offences retried differ from those tried initially does not require a fresh band selection. Other proxies used in calculating trial and retrial fees may vary between the two proceedings. The graduated-fee scheme remains mechanistic, even where its operation produces an advantageous or disadvantageous result.

The appellant represented the defendant in a Crown Court trial on a four-count indictment. The counts fell within AGFS bands 3.1 and 3.4. Counts 1 and 2 were formally acquitted at the first trial, and a retrial was ordered on counts 3 and 4. The appellant selected the band 3.1 offence for the first trial. The determining officer assessed the retrial fee by reference to the band 3.4 offences being retried. The appeal under regulation 29 concerned whether paragraph 27(1) of Schedule 1 required the original band selection to apply to the retrial fee.

1. The appeal succeeded. The appellant was entitled to the appropriate additional payment, together with £800 exclusive of VAT for costs and the £100 paid on appeal.

2. The court accepted that the proxies used for calculating trial and retrial fees may differ. That does not mean that there are two cases or two separate case fees.

3. Paragraph 27(1) of Schedule 1 addresses cases in which an assisted person is charged with more than one offence on one indictment. It permits the trial advocate to select whichever offence is to determine the AGFS band for the fee.

4. That selection applies to the whole fee payable under Schedule 1 for the case, including every part of the fee and any retrial fee. Paragraphs 4 and 7, which refer respectively to the offence for which the assisted person is tried and the offence with which the assisted person is charged, must be read in that light.

5. The single indictment and single case remained the relevant framework despite the acquittal of counts 1 and 2 and the retrial being confined to counts 3 and 4. The advocate therefore did not have to make a fresh selection under paragraph 27(1), and the band 3.1 selection applied to the retrial fee.

6. R v Correa was factually similar, but the argument advanced in the present appeal had not been made there. The court therefore considered that its outcome might have been different had that argument been advanced.

1. Crown Court: The first trial resulted in acquittals on counts 1 and 2, and a retrial was ordered on counts 3 and 4. The defendant was convicted on the retried counts.
2. Determining Officer: The first-trial fee was assessed by reference to band 3.1, but the retrial fee was assessed by reference to band 3.4.
3. High Court (Senior Court Costs Office): The appeal under regulation 29 succeeded. The band selection made under paragraph 27(1) applied to the retrial fee.