Furniss & Ors, R. v [2013] EW Misc B1 (CrownC) [2015] EW Misc B1 (CrownC) (21 January 2015)

Furniss & Ors, R. v [2013] EW Misc B1 (CrownC) [2015] EW Misc B1 (CrownC) (21 January 2015)

Cell site, telephone, and text evidence served by the prosecution in digital form must be included as PPE for Graduated Fee Scheme purposes, and payment made to defence advocates on that basis. Exclusion breaches LSC Guidance and Article 6 ECHR. Where actual page count vastly exceeds the GFS maximum, remuneration should be based on actual PPE.

Citation
[2013] NIQB 47
Parties
Prosecution: Regina; Defendant: Michael Furniss; Defendant: Stuart Hall; Defendant: James Stacey
Jurisdiction
England and Wales
Judgment Date
21 January 2015
Procedural Posture
Criminal / Post Trial Costs Ruling
Outcome
Order granted
Legal Topics
Graduated Fee Scheme, Pages of Prosecution Evidence, Electronic Evidence, Remuneration of Defence Advocates, Article 6 ECHR
Criminal Law Legal Aid Costs Graduated Fee Scheme Pages of Prosecution Evidence Electronic Evidence Remuneration of Defence Advocates Article 6 ECHR

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Parties

Regina

Prosecution

Michael Furniss

Defendant

Stuart Hall

Defendant

James Stacey

Defendant

Procedural Posture

Criminal / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether cell site, telephone, and text evidence served electronically must be included as PPE for Graduated Fee Scheme purposes
  2. 2 Whether refusal to include such material breaches LSC Guidance and Article 6 ECHR
  3. 3 Whether the GFS maximum page count is applicable when actual page count vastly exceeds the cap

Ratio Decidendi

Cell site, telephone, and text evidence served by the prosecution in digital form must be included as PPE for Graduated Fee Scheme purposes, and payment made to defence advocates on that basis. Exclusion breaches LSC Guidance and Article 6 ECHR. Where actual page count vastly exceeds the GFS maximum, remuneration should be based on actual PPE.

Court Disposition

Order granted

Orders

  • Crown shall properly serve the telephone evidence material listed in the Schedule so that it is included in PPE for Graduated Fee Purposes, either by serving paper copy, re-serving electronically with written assurance, or serving NAE coversheet evidencing inclusion.