Regina v Barzey
The case did not meet the definition of a cracked trial under the 2013 Regulations because a hearing at which the defendant entered a plea took place before the trial was listed. The regulations do not confer discretion to the Determining Officer; the fee must be determined mechanistically by the definitions provided.
- Parties
- Prosecution: Regina; Defendant: Barzey
- Jurisdiction
- England and Wales
- Judgment Date
- 30 June 2022
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Criminal Legal Aid (remuneration) Regulations 2013, Graduated Fee Scheme, Cracked Trial Definition, Guilty Plea Definition
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Barzey
Defendant
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the circumstances qualify for a cracked trial fee under Schedule 2 of the Criminal Legal Aid (Remuneration) Regulations 2013
- 2 Whether the Determining Officer has discretion in applying the fee definitions
Ratio Decidendi
The case did not meet the definition of a cracked trial under the 2013 Regulations because a hearing at which the defendant entered a plea took place before the trial was listed. The regulations do not confer discretion to the Determining Officer; the fee must be determined mechanistically by the definitions provided.
Court Disposition
appeal dismissed
Orders
- A guilty plea fee is payable.
- No cracked trial fee is due.
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