Guidance

Claim the evidence provision fee

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

How to claim

The EPF is claimed and payable as part of the Litigator Graduated Fee Scheme.

Submit a litigator graduated fee online and indicate on your LF1 form where you’re claiming the EPF and whether this is at the lower or upper tier.

Or send your LF1 form as usual.

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, eg, capital evidence.

If you help a client with a committal for sentence or appeal hearing, the existing 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.

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 the case has been committed, sent or transferred for trial to the Crown Court and the application has been referred to the National Courts Team (NCT).

When you can’t claim EPF

You can’t claim in:

  • summary-only proceedings
  • an either-way offence that concludes in the magistrates’ court
  • cases where clients are under 18 and/or in receipt of a passporting benefit
  • cases where clients don’t have capital assets and there’s no additional evidence required
  • equity evidence cases
  • hardship and eligibility review applications sent to NCT
  • evidence provided post conviction
  • cases where evidence has been required but not provided, including cases referred to NCT
  • committals for sentence
  • appeals

Further information

Criminal Legal Aid Manual

Evidence provision fee claim guide (PDF, 183KB, 3 pages)

Email: litigators-fee@legalaid.gsi.gov.uk

Phone: 0115 852 6000

Published 1 June 2014