A new fixed fee is being introduced to recognise the extra work
carried out by advocates for pre-recorded cross-examination
videos in cases with s.28 hearings.
Advocates will be able to claim a new £670 fixed fee from 1
February 2023 which will increase the payment levels for cases
with s.28 hearings.
The new fixed fee applies to cases with a representation order
dated on or after 1 February.
Guidance on how to claim the new fee is currently being worked on
and will be made available on GOV.UK.
What is a s.28 hearing?
Vulnerable or intimidated witnesses are allowed to have their
cross-examinations pre-recorded on video ahead of trial, subject
to judicial discretion. The video is then played back during the
trial, so the witness does not need to be present.
This process is enabled under section 28 of the Youth Justice and
Criminal Evidence Act 1999.
Why is this happening now?
The government has responded to representations made following
the Independent Review of Criminal Legal Aid. These were that
current fees do not recognise the additional work involved in
cases featuring a s.28 hearing.
An additional fixed fee of £670 is being implemented for cases
where pre-recorded cross-examination of a witness takes place. A
further £4m of funding has been made available to make this
possible.
Where can I find out more?
Details of the fixed fee are set out in the Criminal Legal Aid
(Remuneration) (Amendment) Regulations 2023
Guidance on how to claim the new fee is being prepared and will
be available on GOV.UK in due course.
Further information
Criminal Legal
Aid (Remuneration) (Amendment) Regulations 2023 – updated
regulations setting out details of new fixed fee
