R v Pratt

R v Pratt

The advocate's selection of offence banding under paragraph 27(1) of Schedule 1 applies to the entire case, including retrial, so the retrial fee should be calculated based on the offence selected for the original indictment, not limited to the offences retried.

Source-derived case information.

Parties
Appellant: R; Respondent: Pratt; Interested Party: Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
22 April 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Criminal Legal Aid (remuneration) Regulations 2013, Graduated Fee Scheme, AGFS Banding, Retrial Fees, Multi Count Indictments
Criminal Law Legal Aid Costs Criminal Legal Aid (remuneration) Regulations 2013 Graduated Fee Scheme AGFS Banding Retrial Fees Multi Count Indictments

Source-derived case record

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Parties

R

Appellant

Pratt

Respondent

Lord Chancellor

Interested Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the retrial fee should be calculated based on the offence banding selected for the original indictment or only the offences retried
  2. 2 Interpretation of paragraph 27(1) of Schedule 1 to the Criminal Legal Aid (Remuneration) Regulations 2013

Ratio Decidendi

The advocate's selection of offence banding under paragraph 27(1) of Schedule 1 applies to the entire case, including retrial, so the retrial fee should be calculated based on the offence selected for the original indictment, not limited to the offences retried.

Court Disposition

appeal allowed

Orders

  • The appropriate additional payment, including £800 (exclusive of VAT) for costs and £100 paid on appeal, should be made to the applicant.