Guidance

Claim the evidence provision fee

Find out when and how litigators can claim the Evidence Provision Fee for Crown Court legal aid work.

Applies to England and Wales

How to claim

The Evidence Provision Fee (EPF) is claimed and payable as part of the Litigator Graduated Fee Scheme.

You can claim online via the claim for Crown Court Defence billing tool (CCD).

When you can claim

If you have to help your client to find more detailed information about their income and capital assets before their application can be accepted and processed, you can claim the EPF.

It applies in cases that are committed, sent or transferred for trial to the Crown Court where the evidence required to support a Crown Court application is over and above what is needed in the magistrates’ court, such as capital evidence.

If you help a client with a committal for sentence or appeal hearing, the fee structure for the magistrates’ court means testing scheme applies.

Lower and upper tiers

Lower tier £45

This applies to cases where the client is required to provide 1 to 4 items of evidence over and above the magistrates’ court evidential requirements and all the evidence has been received.

Upper tier £90

This applies to cases where the client needs to provide 5 or more pieces of evidence to establish an accurate picture of their income and capital position.

The higher tier fee can also be claimed for self-employed clients, where all evidence has been received.

When you cannot claim

You cannot claim in:

  • summary only proceedings
  • either way proceedings that conclude in the magistrates’ court
  • cases where clients are under 18 or in receipt of a passporting benefit
  • cases where clients do not have capital assets and no additional evidence is required
  • equity evidence cases
  • hardship and eligibility review applications
  • respect of evidence provided post conviction
  • cases where evidence has been required but not provided
  • committals for sentence
  • appeals

Further information

Claiming the Evidence Provision Fee (PDF, 203 KB, 3 pages)

Litigator Graduated Fee Scheme

Criminal Legal Aid Manual

Email: litigators-fee@justice.gov.uk

Phone: 0300 200 2020

Published 1 June 2014