It is explicit in the funding instrument so little room for debate. Relevant clauses highlighted in red below:

 

(3) In the table following sub-paragraph (2)—

(a)the reference to “Category 1A” cases is a reference to the following proceedings—

(i)either way guilty pleas;

(ii)indictable only cases heard in the Youth Court;

(iii)proceedings (other than committal proceedings) relating to either way offences which are discontinued or withdrawn or where the prosecution offer no evidence; and

(iv)proceedings (other than committal proceedings) relating to either way offences which result in a bind over;

(b)the reference to “Category 1B” cases is a reference to the following proceedings—

(i)summary only guilty pleas;

(ii)uncontested proceedings arising out of a breach of an order of a magistrates’ courts (including proceedings in a magistrates’ court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(iii)proceedings (other than committal proceedings) relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv)proceedings (other than committal proceedings) relating to summary offences which result in a bind over;

(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000(2);

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013(3), except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

(vii)proceedings relating to either way offences which must be tried in a magistrates’ court in accordance with section 22 of the Magistrates’ Courts Act 1980(4);

(c)the reference to “Category 2” cases is a reference to—

(i)contested trials;

(ii)proceedings which were listed and fully prepared for trial in a magistrates’ court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii)proceedings which were listed and fully prepared for trial in a magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv)contested proceedings relating to a breach of an order of a magistrates’ court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(v)proceedings where mixed pleas are entered; and

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

 

 

Harvey Fox

Police Station Advice Coordinator

FREEMANS SOLICITORS

07973 259382 (24 Hours)

Secure email: harvey.fox@freemans.cjsm.net

 

 

 

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From: paul oyemike [mailto:pauloyemike@yahoo.com]
Sent: 10 May 2019 18:13
To: Harvey Fox <Harvey.Fox@freemanssolicitors.net>; David Holmes <David@daltonholmesgray.co.uk>
Cc: 'members@mail.lccsa.org.uk' <members@mail.lccsa.org.uk>
Subject: Re: DVPO app billing query

 

Hi,

I agree with Harvey. You bill the file as fixed fee.

 

Paul 

 

 

On Fri, 10 May 2019 at 18:06, Harvey Fox

<Harvey.Fox@freemanssolicitors.net> wrote:

No. just a category 2 fixed fee as prescribed proceedings.

Harvey Fox
Police Station Advice Coordinator
FREEMANS SOLICITORS
07973 259382 (24 Hours)
Secure email: harvey.fox@freemans.cjsm.net


On 10 May 2019 17:29, David Holmes <David@daltonholmesgray.co.uk> wrote:
We have  a rep order to cover to oppose an application by the police for a DVPO. I’m presuming I bill this as a non standard fee – does anyone know if that’s right?

David Holmes
Dalton Holmes Gray

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22 Upper Woburn Place, London WC1H 0HW DX - 40007 Euston Tel: 020 7935 3522 Fax: 020 7535 1335 www.freemanssolicitors.net

Westminster Office by appointment: 2nd Floor, 218 Strand, London WC2R 1AT

Watford Office by appointment: Iveco House, Station Road, Watford Junction, Herts WD17 1ET

Service by e-mail is not accepted

Freemans Solicitors are authorised and regulated by the Solicitors Regulation Authority. SRA number 173314, details can be found at www.sra.org.uk The Solicitors Regulation Authority's rules can be found at www.rules.sra.org.uk

Disclaimer

This e-mail is confidential and intended for the person or organisation to whom it is addressed. It may contain privileged and confidential information and if you are not the intended recipient, you must not copy, distribute or disclose to any other person or take any action in reliance on it. If you receive this e-mail in error, please notify the sender immediately and delete it from your system.

Although we have taken steps to check our computer system for viruses we cannot guarantee that all our transmissions are virus free and you must satisfy yourselves as to their integrity. We accept no liability for any loss suffered by virus infection of any email or attachment.

The increasing risk of fraud – please stay vigilant.
 
If you receive an email purporting to be from a member of this firm asking for funds to be sent to a bank account, you must, as a security measure, contact the solicitor with whom you are dealing, on the telephone to verify the bank account details before sending any funds.
 
Our client account details do not change. If you have received an email asking you to send funds to a different bank account to one that we may have given you previously, it is likely that the email could be from another person who has hacked in to your email account and is trying to commit a crime by defrauding you of your money. In that situation please contact us as above immediately. Please always be vigilant.