R v Cameron Gatherar
[2023] EWHC 2928 (SCCO)
R v Massey
29 November 2023
[2023] EWHC 3365 (SCCO)
Senior Courts Costs Office
Lawyers appealed a fee decision. The rules say they get one fee if the client pleads not guilty first, then guilty later. They get a different fee if the client pleads guilty right away. The court said the client only pleaded guilty, so the appeal was rejected.
Key Facts
- •Gray & Co appealed a determining officer's decision to assess a guilty plea fee rather than a cracked trial fee under the Criminal Legal Aid (Remuneration) Regulations 2013.
- •The defendant, Jeffrey Massey, faced eleven charges (seven indecent assault, four indecency with a child).
- •The first PTPH (pre-trial preparation hearing) occurred on 18 July 2022 without pleas entered due to a bar strike. A trial date was set.
- •A second PTPH on 26 September 2022 saw the defendant plead guilty to all charges.
- •The appeal hinges on the definition of 'cracked trial' in the 2013 Regulations and subsequent Crown Court Fee Guidance.
Legal Principles
Definition of a 'cracked trial' under the Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2, paragraph 1.
Criminal Legal Aid (Remuneration) Regulations 2013
Interpretation of Crown Court Fee Guidance, paragraph 15, regarding cracked trials where no PTPH took place but a trial date was set.
Crown Court Fee Guidance, paragraph 15
Previous Costs Judge decisions interpreting limb (b) of the 'cracked trial' definition, notably R v Jarir [2022] EWHC 2231 (SCCO) and R v Lamin (175/19).
R v Jarir [2022] EWHC 2231 (SCCO); R v Lamin (175/19)
Outcomes
Appeal dismissed.
The court found that the defendant did not plead not guilty at any stage. Previous case law established that limb (b) of the 'cracked trial' definition is not satisfied merely by a trial listing at a PTPH where no plea is entered. A guilty plea at any point before trial determines the applicable fee.