R v Majeed Khan

R v Majeed Khan

A formal plea of not guilty must be entered at a hearing prior to the prosecution's decision not to proceed for a case to qualify as a cracked trial under the Regulations. In this case, because the plea and the prosecution's decision occurred at the same hearing, the cracked trial fee is not payable.

Parties
Prosecution: R; Defendant: Majeed Khan
Jurisdiction
England and Wales
Judgment Date
13 November 2024
Procedural Posture
Criminal Costs Appeal / Appeal From Determining Officer Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
appeal dismissed
Legal Topics
Advocates Graduated Fee Scheme, Cracked Trial Definition, Guilty Plea Fee, Hearsay Application, Arraignment Procedure
Criminal Law Legal Costs Advocates Graduated Fee Scheme Cracked Trial Definition Guilty Plea Fee Hearsay Application Arraignment Procedure

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Parties

R

Prosecution

Majeed Khan

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the facts of the case satisfy the definition of a 'cracked trial' under the Criminal Legal Aid (Remuneration) Regulations 2013 for the purposes of counsel's fee calculation

Ratio Decidendi

A formal plea of not guilty must be entered at a hearing prior to the prosecution's decision not to proceed for a case to qualify as a cracked trial under the Regulations. In this case, because the plea and the prosecution's decision occurred at the same hearing, the cracked trial fee is not payable.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.