R v Barnes

R v Barnes

Following severance, there were two indictments against the defendant, each constituting a separate 'case' under the Regulations. The appellant is entitled to an additional payment as there were, both in fact and in law, two cases.

Parties
Prosecution: R; Defendant: Barnes
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal allowed
Legal Topics
Indictment Severance, Advocates’ Graduated Fee Scheme, Multiple Cases Under Legal Aid, Calculation of Fees After Severance
Criminal Law Legal Aid Costs Indictment Severance Advocates’ Graduated Fee Scheme Multiple Cases Under Legal Aid Calculation of Fees After Severance

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Parties

R

Prosecution

Barnes

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether severance of indictments created two 'cases' for purposes of legal aid remuneration
  2. 2 Whether the appellant is entitled to an additional payment under the Advocates’ Graduated Fee Scheme

Ratio Decidendi

Following severance, there were two indictments against the defendant, each constituting a separate 'case' under the Regulations. The appellant is entitled to an additional payment as there were, both in fact and in law, two cases.

Court Disposition

Appeal allowed

Orders

  • The appropriate additional payment is to be made to the applicant, including £400 (exclusive of VAT) for costs and the £100 paid on appeal.