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Confiscation Proceedings – Funding Order Amendment

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Although it is not clear, it appears that the new regime applies to all hearings dated on or after 21 August 2009 and not just to cases that have representation orders dated after 21 August 2009.

Although it is not clear, it appears that the new regime applies to all hearings dated on or after 21 August 2009 and not just to cases that have representation orders dated after 21 August 2009.

The new scheme works as follows. The below hourly rates are applicable if there is less than 51 pages of evidence or if the hearing lasts for longer than 1 day:

                             QC               Leading junior           Junior alone             Led junior

Half daily rate          £300             £225                      £150                      £150

Daily rate                £575             £400                      £275                      £275

If the page Count is higher a higher fee will be payable as detailed below and any additional days will be payable at the above rates:

Pages of evidence     QC               Leading Junior Junior alone             Led junior

                  

51-250                   £750             £625                      £500                      £375  

251-500                  £1,125          £938                      £750                      £562  

501-750                  £1,500          £1,250                    £1,000                    £750  

751-1000                £2,250          £1,875                    £1,500                    £1,125                   

If the page count is above 1000 the fee for 751-1000 is payable together with an additional payment calculated on an hourly rate basis. The hourly rates are as follows:

                   QC               Leading junior           Junior alone             Led junior

                   £85              £65                        £45                        £45

The additional payment will be assessed by the appropriate officer who will determine what they consider to be an appropriate amount. It is expected that timed attendance notes will need to be available to assess time spent.

In respect of the page count evidence does not mean evidence from the main case. The definition of ‘evidence' as taken from the new statutory instrument is:

‘(a) the statement of information served under section 16 of the Proceeds of Crime Act 2002 and relied on by the prosecution for the purposes of a hearing under Part 2 of that Act, or a similar statement served and so relied on for the purposes of a hearing under section 2 of the Drug Trafficking Act 1994 or under section 71 of the Criminal Justice Act 1988 and, in each case, any attached annexes and exhibits;

(b) any other document which-

(i) is served as a statement or an exhibit for the purposes of the trial;

(ii) is specifically referred to in, but not served with, a statement mentioned in paragraph (a); and

(iii) the prosecution state that they intend to rely on in the hearing; and

(c) any written report of an expert obtained with the prior authority of the Commission under CDS Regulations or allowed by the appropriate officer under this Order, and any attached annexes and exhibits, other than documents contained in such annexes or exhibits which have also been served under paragraph (a) or (b) or which consist of financial records or similar data'.

It is hoped that these additional payments will prevent difficulties previously faced (particularly in cases where the advocate of the main case is unable to undertake the confiscation hearing) when trying to find an appropriate advocate for confiscation.

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