21 June 2012
Guidance on claiming a graduated fee for either way offences
For representation orders dated on or from 3 October 2011, legal aid reforms have introduced a distinction between
For cases with either way offences that are directed to the Crown Court you must submit a LAC1 form with your litigator or advocate claim to claim a graduated fee.
The LAC1 form confirms that the case was directed to the Crown Court.
The LAC1 form has to be filled in by the litigator and taken to the Mode of Trial or Committal for Trial hearing. It has to be signed by the legal adviser/court official at the magistrates' court. The LAC1 form is then submitted with the LF1 form and a copy passed to the instructed advocate to be submitted with the AF1 form.
If the LAC1 form was not obtained at the Committal for Trial hearing, an uncertified copy of the memorandum of conviction can be requested from the court at a cost of £5. This can be claimed as a disbursement on the LF1 or AF1 claim if the defendant did not have a representation order during the proceedings in the magistrates' court.
If you don't submit evidence that the matter was directed to the Crown Court, and the case did not proceed to trial or retrial, we will assess the claim to a fixed fee of £362 for the litigator and £203 for the advocate.
Where there have been transfers, the graduated fee will be calculated at an appropriate percentage to reflect the transfer.
Offences that are indictable only will continue to be paid as a graduated fee and a LAC1 form is not required.