R v Thuc Truong
[2023] EWHC 1330 (SCCO)
R v Majeed Khan
9 June 2023
[2023] EWHC 1532 (SCCO)
Senior Courts Costs Office
A lawyer appealed a lower fee for a criminal case. The rules said to get the higher fee, the defendant had to formally plead not guilty at the first hearing. Even though the case acted like one that qualified, the defendant didn't plead formally then, so the lawyer lost the appeal.
Key Facts
- •Appeal by counsel against the determining officer's calculation of fees under the Advocates Graduated Fee Scheme.
- •Case involved two counts of wounding.
- •Ineffective bail application on 19 May 2022, first substantive hearing on 25 May 2022.
- •Prosecution applied for defendant not to be arraigned due to a hearsay application.
- •Hearsay application dismissed on 13 July 2022.
- •Defendant pleaded not guilty on 13 July 2022; prosecution offered no evidence.
- •Determining officer considered the case a 'guilty plea' for fee calculation purposes.
- •Counsel argued that the case met the definition of a 'cracked trial'.
Legal Principles
Definition of 'cracked trial' under the Criminal Legal Aid (Remuneration) Regulations 2013.
Criminal Legal Aid (Remuneration) Regulations 2013
Outcomes
Appeal dismissed.
While the case showed preparation for trial and resolution before trial due to the Crown's decision, a formal not guilty plea at the first hearing was required to meet the 'cracked trial' definition. The defendant's actions at the PTPH, though indicating a not guilty plea, did not meet this formal requirement due to procedural rules.