Guidance

Claim for criminal legal aid work under graduated fee schemes

Claim for payment for criminal legal aid work in crown courts under the Advocates' Graduated Fee Scheme or the Litigators' Graduated Fee Scheme.

Applies to England and Wales

Advocates’ Graduated Fee Scheme (AGFS)

This is for barristers who provide legal aid representation on behalf of a client, ie counsel advocates.

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

You’ll need sign-in details from the LAA to use the online service. Email crowncourtdefence@justice.gov.uk for details.

If you disagree with the claim outcome, you can apply for redetermination via CCD.

Litigators’ Graduated Fee Scheme (LGFS)

This applies to solicitors, ie litigators representing clients for crown court cases.

You can claim online via CCD.

You’ll need sign-in details from the LAA to use the online service. Email crowncourtdefence@justice.gov.uk for details.

If you disagree with the claim outcome, you can apply for redetermination via CCD.

Unused material

For cases on indictment where the representation order is granted on or after 17 September 2020, remuneration is now available for the time spent viewing unused material. This payment only applies to cases that progress past the guilty plea stage.

Paragraph 17A Schedule 1 of the Remuneration Regulations sets out the fixed fee rates, hourly rates and circumstances where the consideration of unused material can be allowed.

There are 2 payments available depending on how long the provider spends viewing the unused material. These are:

  • a fixed fee payment for 0 to 3 hours - claim via CCD under the ‘Miscellaneous Fees’ section

  • an hourly rates payment for time spent in excess of 3 hours - claim via the AUI (Advocates) and LUI (Litigators) forms that must be completed and uploaded to CCD with your final fee claim

Please note that if you spend more than 3 hours viewing unused material, the first 3 hours is remunerated by way of the fixed fee, and any additional hours are remunerated via the hourly rates claim.

The Litigator and Advocate billing teams will be responsible for assessing and remunerating unused material claims for less than 30 hours.

The Criminal Cases Unit will be responsible for assessing and remunerating unused material claims for 30 hours or more.

Further guidance

For more information, refer to guidance on:

Fee calculators

Use the calculators to work out your fees easily.

Where to send forms

All claims must be submitted via the CCD online billing system, but discs may be posted. Mark the envelope either ‘AGFS’ or ‘LGFS’ with a covering letter providing case references and post to:

Fothergill House
2nd Floor, 16 King Street
Nottingham
NG1 2AS

DX: 10035 NOTTINGHAM-1

Exceptions

Send the following forms to the address below:

  • Proceeds of Crime Act claims involving more than 50 pages of evidence (AGFS)
  • Proceeds of Crime Act claims (all LGFS)
  • AGFS claims where you believe the fixed fee normally payable for an appeal or a committal for sentence or breach is not appropriate and that the determining officer should allow reasonable remuneration (LGFS is always a fixed fee)

Email: manchesterccu@justice.gov.uk

Post forms to:

Manchester CCU
7th Floor Piccadilly Gate
Store Street
Manchester
M1 2DW

DX 329701 Manchester 84

How long it takes

You can check our current processing performance on the crime processing datespage.

High cost cases

Payments are based on the:

  • nature of the alleged offence
  • type of case, eg if there’s a guilty plea or a full trial
  • length of trial
  • number of pages of prosecution evidence
  • number of defendants

Litigators must notify the LAA’s High Cost Case Team if they have a case likely to be a very high cost case (VHCC).

Very high cost cases

All defence teams must notify the High Cost Crime Team of any case likely to fulfil the very high cost case (VHCC) criteria.

Submit a notification request form as soon as it appears that the case is likely to be a VHCC and, in any event, within 5 working days of:

  • the plea and case management hearing
  • the defence team identifying the case will be, or is likely to be, a VHCC

This obligation is set out in the VHCC arrangements 2013 (PDF, 287KB, 29 pages).

Cases that meet very high cost case criteria will be passed to the appropriate team.

Email: ccu@justice.gov.uk

Contact

For any queries, contact LAA.

Advocates’ Graduated Fee Scheme

Email: advocates-fee@justice.gov.uk Phone: 0300 200 2020

Litigators’ Graduated Fee Scheme

Email: litigators-fee@justice.gov.uk Phone: 0300 200 2020

CCD online billing for the AGFS and LGFS schemes

Email: crowncourtdefence@justice.gov.uk

Published 1 June 2014
Last updated 5 January 2021 + show all updates
  1. Updated guidance on unused material claims.

  2. Change to VHCC email address.

  3. CCD online billing information updated.

  4. First published.