B e f o r e :
|APPEAL PURSUANT TO PARAGRAPH 21 OF SCHEDULE 1 OF THE CRIMINAL DEFENCE SERVICE (FUNDING) ORDER 2001 / ARTICLE 30 OF THE CRIMINAL DEFENCE SERVICE (FUNDING) ORDER 2007
|REGINA v GKAMPOS|
DATE OF REASONS: 28th October 2009
DATE OF NOTICE OF APPEAL: 5th November 2009
Crown Copyright ©
The appeal has been successful (in part) for the reasons set out below.
The appropriate additional payment, to which should be added the sum of £100 (exclusive of VAT) for costs and the £100 paid on appeal, should accordingly be made to the Applicant.
"cracked trial" means a case on indictment in which—
(a) a plea and case management hearing takes place and—
(i) the case does not proceed to trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offers no evidence; and(ii) either—(aa) in respect of one or more counts to which the assisted person pleaded guilty, he did not so plead at the plea and case management hearing; or(bb) in respect of one or more counts which did not proceed, the prosecution did not, before or at the plea and case management hearing, declare an intention of not proceeding with them; or(b) the case is listed for trial without a plea and case management hearing taking place;
"guilty plea" means a case on indictment which—(a) is disposed of without a trial because the assisted person pleaded guilty to one or more counts; and(b) is not a cracked trial.
- It is clear that in the present case a plea and case management hearing took place (the solicitors have provided a copy of the directions made by HH Judge Lloyd) and the defendant did not plead guilty until after that hearing. This case clearly fell within the definition of a cracked trial. In fact that may not be in issue for I note that somebody has put a tick through the words "should be cracked trial" on the form LF2; although the letter from the Commission dated 28th October 2009 indicated that no additional payment would be made.
- Paragraph 1(2) of Part 1 to Schedule 2 of the 2007 Funding Order provides:
For the purpose of this Schedule, the number of pages of prosecution evidence served on the court includes all –(a) witness statements;(b) documentary and pictorial exhibits;(c) records of interviews with the assisted person; and(d) records of interviews with other defendantswhich form part of the committal or served prosecution documents or which are included in any notice of additional evidence, but does not include any document provided on CD-Rom or by other means of electronic communication.
- The solicitors lodged their papers on the appeal. It is clear that there were 70 pages of statements and 134 pages of exhibits.
- However the solicitors maintain that "further material" supplied by the prosecution should be included in the page count, namely 20 pages of Greek antecedents and 123 pages relating to a prosecution in Canada. While these documents were undoubtedly served by the prosecution, they are not witness statements, exhibits or records of interviews and do not fall within the definition in sub-paragraph 1(2).
- That counsel was apparently paid on the basis that there were 333 pages of prosecution evidence, the number of pages agreed at court, cannot I am afraid affect my decision.
- I am satisfied that there are 204 pages which fall within the definition of pages of prosecution evidence and that this was a cracked trial and the graduated fee payable should be recalculated accordingly.
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