Ahmed, R. v [2024] EWHC 1700 (SCCO) (01 July 2024)

Ahmed, R. v [2024] EWHC 1700 (SCCO) (01 July 2024)

The appellant failed to demonstrate that a trial had begun in a meaningful sense because no jury was selected or sworn, and no substantial case management by the court or at its direction occurred; mere negotiations between parties do not suffice.

Citation
[2024] EWHC 1700 (SCCO)
Parties
Prosecution: Rex; Defendant: Ahmed
Jurisdiction
England and Wales
Judgment Date
01 July 2024
Procedural Posture
Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013 / Judgment on Appeal From Costs Assessment
Outcome
Appeal dismissed
Legal Topics
Graduated Fee Scheme, Cracked Trial Definition, Commencement of Trial, Case Management, Legal Aid Remuneration

Case Brief

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Parties

Rex

Prosecution

Ahmed

Defendant

Procedural Posture

Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013 / Judgment on Appeal From Costs Assessment

  1. 1 Whether the trial had begun in a 'meaningful sense' for the purposes of the Graduated Fee Scheme under the Criminal Legal Aid (Remuneration) Regulations 2013
  2. 2 Whether the appellant is entitled to a trial fee or only a cracked trial fee

Ratio Decidendi

The appellant failed to demonstrate that a trial had begun in a meaningful sense because no jury was selected or sworn, and no substantial case management by the court or at its direction occurred; mere negotiations between parties do not suffice.

Court Disposition

Appeal dismissed

Orders

  • Extension of time for appeal granted
  • Appellant to be paid only the cracked trial fee, not the trial fee