Defence Graduated Fees
Processing, validation and payment of most claims under the Advocates’ Graduated Fees Scheme (AGFS) is carried out by the LAA. The following claims, however, should be sent to the National Taxing Team at HMCTS:
- Proceeds of Crime Act claims involving more than 50 pages of evidence.
- Claims where you believe that the fixed fee normally payable for an appeal or a committal for sentence / breach is not appropriate and that the determining officer should instead allow reasonable remuneration
All AGFS claims submitted to the LAA will need to be submitted digitally with the relevant supporting evidence. The Instructed Advocate is responsible for drawing up and submitting the AF1 to the LAA as set out in the Funding Order. Where the identity of the instructed advocate is disputed, the Advocate must provide evidence to the LAA to confirm their status in the form of:
- A copy of the letter to the court
Or
- A copy of a letter signed by all advocates in the case agreeing the nominated person as Instructed Advocate.
As of May 2015 the Instructed Advocate status (when in dispute) is always confirmed as the counsel who attended the Main Hearing on the case. This amendment only applies to Legal aid Orders dated after 5th May 2015.
More information can be found here.
Family Advocacy Fees
Prosecution Graduated Fees
The Prosecution Graduated Fees Scheme (GFS) was introduced on 29th October 2001 and revised in October 2005. The revised scheme applied to all cases committed, transferred or sent to the Crown Court on or after 3rd October 2005. On 1st March 2012 a revised scheme was introduced and amended as of the 5th February 2018 to reflect small changes to processing and court processes.
