R v Sandel

R v Sandel

Given the 20-month gap, change of judge and defence team, new indictments and evidence, and the court's correspondence confirming a retrial, the second hearing was a retrial and the appellant is entitled to the transfer before retrial fee under paragraph 13 of Schedule 2 to the 2013 Regulations.

Parties
Prosecution: R; Defendant: Sandel
Jurisdiction
England and Wales
Judgment Date
23 April 2025
Procedural Posture
Costs Appeal (criminal Legal Aid) / Appeal From Legal Aid Agency Determination
Outcome
Appeal allowed
Legal Topics
Criminal Legal Aid (remuneration) Regulations 2013, Transfer of Funding, Retrial Fees, Procedural Matrix in Retrials
Criminal Law Legal Aid Costs Criminal Legal Aid (remuneration) Regulations 2013 Transfer of Funding Retrial Fees Procedural Matrix in Retrials

Case Brief

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Parties

R

Prosecution

Sandel

Defendant

Procedural Posture

Costs Appeal (criminal Legal Aid) / Appeal From Legal Aid Agency Determination

Legal Issues

  1. 1 Whether the appellant is entitled to a transfer before retrial fee under paragraph 13 of Schedule 2 to the Criminal Legal Aid (Remuneration) Regulations 2013
  2. 2 Whether the second trial constituted a retrial or a continuation of the original trial

Ratio Decidendi

Given the 20-month gap, change of judge and defence team, new indictments and evidence, and the court's correspondence confirming a retrial, the second hearing was a retrial and the appellant is entitled to the transfer before retrial fee under paragraph 13 of Schedule 2 to the 2013 Regulations.

Court Disposition

Appeal allowed

Orders

  • The appropriate additional payment, including £1,500 (exclusive of VAT) for costs and the £100 paid on appeal, to be made to the applicant.