MoJ to consider revamping the advocate fee scheme

The Bar Council has submitted a 'completely re-drawn' advocates' graduated fee scheme (AGFS) to the Ministry of Justice (MoJ) to reward barristers' skill, experience, and responsibility in court.

For legally aided criminal defence cases in the Crown Court, where the trial is expected to last between one to 60 days, the advocate is paid by a formula in the AGFS.

Chairman of the Bar Alistair MacDonald QC, said: 'The last substantial revision of the scheme was in 2007. Since then, there have been many changes, such as the increased use of electronic evidence. A new scheme is therefore required.

'The Bar Council working group has designed a new scheme. This is designed to replace the current AGFS, rewarding skill, experience, and the level of responsibility in each case in the Crown Court.'

The Bar Council's AGFS working group - made up of Bar representatives from every circuit and at all levels of seniority, as well as the Criminal Bar Association (CBA) - has been working to design a new scheme structure for the last year.

The changed include:

'¢ The abolition of pages of prosecution evidence as the principal determinant of the level of fee;

'¢ Restoration of separate payments for sentences, plea and case management hearings, and other ancillary hearings;

'¢ The abolition of the number of witnesses as a determinant of the fee;

'¢ Daily payments tailored to reflect and reward the skill and experience of advocates across the categories and bands of cases;

'¢ The creation of a single standard case category into which a significant number of basic cases will fall; and

'¢ A fair and permanent mechanism for reviewing of the operation of the scheme.

'The working group's proposals are designed to operate within the MoJ's existing AGFS budget. They reflect both the Bar's and the MoJ's shared objectives of ensuring quality, certainty, and simplicity,' added MacDonald.