Key Facts
- •Dillon Barnes (Defendant) committed two robberies on April 11, 2022: one at a service station and one in Durham City.
- •Initially, separate indictments were filed for each robbery.
- •The Crown Court joined the indictments, but later severed them due to potential prejudice to Barnes and a co-accused (Bogie).
- •After severance, Barnes faced two separate indictments: one for the service station robberies and another for the Durham City robbery (with Bogie).
- •The appellant (Liam O'Brien, Barnes' counsel) argued that the severance created two 'cases' under the Criminal Legal Aid (Remuneration) Regulations 2013, entitling him to additional fees.
- •The Determining Officer initially ruled there was only one 'case'.
Legal Principles
Definition of 'case' in Schedule 1 of the Criminal Legal Aid (Remuneration) Regulations 2013: proceedings against one assisted person on one or more counts of a single indictment.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 1, paragraph 1(1)
Severance of an indictment can create multiple 'cases' if it results in separate indictments, even if the defendant eventually pleads guilty to all charges.
R v. Ghafoor, R v Hussain and Others [2011] 4 Costs L.R. 689, R v. Thomas [2022] EWHC 2842 (SCCO), Crown Court Fee Guidance
The mere existence of multiple indictments doesn't automatically mean multiple 'cases'; the facts of each case are crucial.
R v Hussain and Others, R v Wharton (SC-2020-CRI-000195), R v. Shabir & Khan [2022] EWHC 2232 (SCCO), R v. Moore [2022] EWHC 1659 (SCCO)
Outcomes
The appeal was successful.
The severance created two separate indictments against the defendant, thus constituting two 'cases' under the regulations.
The appellant is entitled to an additional payment plus costs.
Consistent with the Crown Court Fee Guidance and prior case law interpreting the regulations, the severance resulted in two separate 'cases'.