As far as I'm aware if a non HCA were to appear we could not claim an advocacy fee. Is that right.

Ed Atkinson
________________________________________
From: members@mail.lccsa.org.uk [members@mail.lccsa.org.uk] On Behalf Of Jonathan Black [jonathanb@bsbsolicitors.co.uk]
Sent: Wednesday, May 16, 2018 2:26 PM
To: richard Atkins
Cc: David Holmes; members@mail.lccsa.org.uk
Subject: Re: committal for sentence 22/05/18

Also given that the fee has increased ( slightly ) for these hearings , does that delegitimise any protest against them in respect of CFS hearings  ?

I wold say it’s a difficult one because given the new early plea /credit regime , £150 is still a paltry fee given the work involved in some very serious and often complex sentencing exercises

Jonathan Black
(Partner )
BSB Solicitors
3 Gower Street
WC1X 6HA

0207 837 3456

Www.bsbsolicitors.co.uk<http://Www.bsbsolicitors.co.uk>

Cjsm : jonathan.black@bsblaw.cjsm.net<mailto:jonathan.black@bsblaw.cjsm.net>

@jonblackbsb

On 16 May 2018, at 13:02, richard Atkins (via members list) <members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>> wrote:

For what is worth I and the firms I work for take the view that as solicitors have always had rights of audience for Crown Court it has always been a choice whether to instruct counsel or not. Availability being the major issue.

As such I don’t believe it does offend the strike action.

What would have happened if the MC had said it was within their powers to sentence?

I can see a possible issue with Indictable Only offences but not Either Way matters. I’d be interested to hear on this point

Richard Atkins

From: members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk> [mailto:members@mail.lccsa.org.uk] On Behalf Of David Holmes
Sent: 16 May 2018 11:33
To: 'members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>' <members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>>
Subject: committal for sentence 22/05/18

Dear all

We have a committal for sentence hearing coming up at Inner London Crown Court on 22/05/18, post 01/04/18 rep order. In light of the barristers’ strike, what’s the current view on committal for sentence hearings? Are firms taking the view we are obliged to cover these, in house, bearing in mind an HCA is not required, and that we should look for a solicitor agent if we can’t cover in house, or is covering such hearings seen as strike breaking?

David Holmes
Dalton Holmes Gray

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