Chen, R. v [2023] EWHC 1472 (SCCO) (09 June 2023)

Chen, R. v [2023] EWHC 1472 (SCCO) (09 June 2023)

Electronic evidence must pass a threshold of sufficient importance to be included as PPE; the majority of the images and other electronic pages in this case were not sufficiently important, so the total PPE did not reach the threshold for band 6.2. The determining officer's approach was correct and the appeal fails.

Citation
[2023] EWHC 1472 (SCCO)
Parties
Prosecution: R; Defendant: Hang Chen
Jurisdiction
England and Wales
Judgment Date
09 June 2023
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
appeal dismissed
Legal Topics
Advocates Graduated Fee Scheme, Prosecution Evidence, Electronic Evidence, PPE Calculation, Money Laundering
Criminal Law Legal Aid Costs Advocates Graduated Fee Scheme Prosecution Evidence Electronic Evidence PPE Calculation Money Laundering

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Parties

R

Prosecution

Hang Chen

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether electronic evidence served by the prosecution should be included in the calculation of PPE for AGFS banding
  2. 2 Whether the correct AGFS banding for counsel's fee is 6.2 or 6.4

Ratio Decidendi

Electronic evidence must pass a threshold of sufficient importance to be included as PPE; the majority of the images and other electronic pages in this case were not sufficiently important, so the total PPE did not reach the threshold for band 6.2. The determining officer's approach was correct and the appeal fails.

Court Disposition

appeal dismissed