News story

Crime news: retrial claims under Advocates’ Graduated Fee Scheme

Change of process for retrial claims under the Advocates’ Graduated Fee Scheme (AGFS).


A change is being introduced from 12 December 2016 to the AGFS claiming process for retrials.

This will apply where the original trial advocate is replaced by a different advocate for the retrial.

The change will mean that the retrial payment claim will be submitted to the Legal Aid Agency by the new advocate.

Previously, the original trial advocate was required to submit claims for both the trial and retrial – even when a different advocate was in place for the retrial.

This means that for claims submitted on or after 12 December 2016 where there is a change of advocate the:

  • original trial advocate will claim for the trial
  • new trial advocate will claim for the retrial

Grace period

There will be a grace period for incorrect submissions. This means that claims for retrial submitted by either advocate will be accepted between 12 December 2016 and 31 January 2017.

Claims on or after 1 February 2017 must be submitted by the trial advocate with conduct of the retrial.

Further information – for enquiries about this change

Published 8 December 2016