Prosecution Graduated Fees
A Brief History
The Prosecution Graduated Fees Scheme (GFS) was introduced on 29th October 2001 and revised in October 2005. That revised scheme(Scheme B) applied to all cases committed, transferred or sent to the Crown Court on or after 3rd October 2005. On 1st March 2012 a revised scheme known as Scheme C was introduced. Scheme C was amended as of the 5th February 2018 to reflect small changes to processing and court processes, all links to the right have been updated . Scheme D Was introduced on the 1st September and applies to all hearings taking place on or after this date.
Scheme D – Outline of the Changes
The key changes to GFS are summarised as follows:
-Increases to fixed fees to the level of the AGFS – the defence fee scheme
-Payment of daily fees from the second day of trial
-Removal of the reduction in daily fees in long running trials beyond 40 days
-An updated definition of an Effective Trial to reflect the trial process
-Expedited payment after a trial, when sentence is adjourned
The Manual of Guidance has been updated to reflect the changes to the scheme and is available on the CPS website and on the CPS Intranet.
Implementation – 1 September 2019
Scheme D will apply to all main hearings and fixed fee hearings in existing and new cases that take place on or after 1 September 2019.
As is currently the case, all fees will be paid at the end of the case but the following shall apply:
-All hearings up to and including 31 August will be remunerated under scheme C
-All hearings taking place on or after 1 September will be remunerated under scheme D
-Trials which are part-heard on 1 September will be paid under scheme D
It follows that it may be necessary in some cases to make two payments to counsel where a case has some hearings before 1 September but other hearings after that date, resulting in cases with hearings that fall to be remunerated under schemes C and D.
CPS have fully embraced paperless billing through their "Zanzibar" system, the system is proving a success with payment time averaging currently around 7-10 days from case conclusion .