R v Andrew Dempsey

R v Andrew Dempsey

The evidence in question, although important to the defence, was not pivotal to the prosecution's case but was instead a response to the defence. Therefore, it could not be reclassified as PPE for the purposes of the graduated fee. The determining officer's calculation of the fee, excluding the electronic evidence, was upheld.

Parties
Prosecution: R; Defendant: Andrew Dempsey
Jurisdiction
England and Wales
Judgment Date
13 May 2025
Procedural Posture
Criminal Costs Appeal / Appeal Against Determining Officer's Decision on Graduated Fee
Outcome
appeal dismissed
Legal Topics
Prosecution Evidence, Page Count for Graduated Fee, Unused Material, Electronic Evidence, Criminal Legal Aid (remuneration) Regulations
Criminal Law Legal Aid Costs Prosecution Evidence Page Count for Graduated Fee Unused Material Electronic Evidence Criminal Legal Aid (remuneration) Regulations

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Parties

R

Prosecution

Andrew Dempsey

Defendant

Procedural Posture

Criminal Costs Appeal / Appeal Against Determining Officer's Decision on Graduated Fee

Legal Issues

  1. 1 Whether electronic evidence originally served as unused material can be counted as PPE for graduated fee calculation
  2. 2 Whether the determining officer erred in excluding 6,341 pages from the PPE count

Ratio Decidendi

The evidence in question, although important to the defence, was not pivotal to the prosecution's case but was instead a response to the defence. Therefore, it could not be reclassified as PPE for the purposes of the graduated fee. The determining officer's calculation of the fee, excluding the electronic evidence, was upheld.

Court Disposition

appeal dismissed