HL Deb 22 February 1993 vol 543 cc7-8WA
Lord Spens

asked Her Majesty's Government:

Whether rates of remuneration of defence counsel under the provisions of legal aid in future cases are to be on the basis directly comparable with those of opposing prosecution counsel; and if not why not.

The Lord Chancellor

The fees allowed to defence counsel in criminal legal aid cases cannot be compared directly with those allowed to the prosecution counsel. The burden on an individual counsel in a case can vary greatly and, whereas the prosecution counsel may be handling the case against a number of defendants, those defendants will usually have separate representation.

Lord Spens

asked Her Majesty's Government:

Whether the hourly rate paid to prosecuting counsel in future prosecutions is to be on a comparable basis with the hourly rates currently proposed for solicitors involved in legal aid cases (namely £54-£108 per hour); and if not, why not.

The Lord Chancellor

The position in relation to the three prosecuting authorities superintended by my right honourable and learned friend the Attorney-General is as follows:

Crown Prosecution Service

The fees paid to counsel instructed by the Crown Prosecution Service in criminal proceedings fall into two categories.

those where a fixed fee is applicable (sessional fees in the magistrates' courts and standard fees in the Crown Court)

those assessed on an individual case basis having regard to the work actually and reasonably done by counsel and other relevant factors. There are no set hourly rates.

Serious Fraud Office

The fees to be payable in any particular case are calculated by reference to an hourly rate negotiated before delivery of the brief between counsel's clerk and the SFO which is particular to the individual counsel and the particular case. There are no set hourly rates.

DPP(NI)

Fees in a very small number of cases have been assessed by reference to an hourly rate but there are no set hourly rates.

The role of solicitors and counsel are different in nature and content and direct comparison is neither apt nor possible.