Mane, R. v [2022] EWHC 3354 (SCCO) (12 December 2022)
The amendments to the indictment in this case, including changes to the defendant's name and expansion of particulars, were clarificatory and did not amount to the creation of separate indictments. Therefore, only one graduated fee is payable, and the appeal for a further payment fails.
Source-derived case information.
- Citation
- [2022] EWHC 3354 (SCCO)
- Parties
- Prosecution: R; Defendant: Braima Salimo Mane
- Jurisdiction
- England and Wales
- Judgment Date
- 12 December 2022
- Procedural Posture
- Appeal Under Criminal Legal Aid (remuneration) Regulations 2013 / Appeal Against Determining Officer's Decision on Cracked Trial Fee Payment
- Outcome
- Appeal dismissed
- Legal Topics
- Advocates Graduated Fee Scheme, Criminal Legal Aid, Indictment Amendments, Remuneration of Counsel
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
R
Prosecution
Braima Salimo Mane
Defendant
Procedural Posture
Appeal Under Criminal Legal Aid (remuneration) Regulations 2013 / Appeal Against Determining Officer's Decision on Cracked Trial Fee Payment
Legal Issues
- 1 Whether amendments to indictments constitute separate indictments for the purpose of fee entitlement under the 2013 Regulations
- 2 Whether stayed indictments attract separate graduated fees
Ratio Decidendi
The amendments to the indictment in this case, including changes to the defendant's name and expansion of particulars, were clarificatory and did not amount to the creation of separate indictments. Therefore, only one graduated fee is payable, and the appeal for a further payment fails.
Court Disposition
Appeal dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment