The Advocates’ Graduated Fee Scheme (AGFS) is an essential part of publicly funded advocacy in the Crown Court in England and Wales. It provides the framework through which self-employed barristers and other advocates are paid for undertaking criminal defense work funded by legal aid, differing from fixed fees and hourly rates. The AGFS is administered by the Legal Aid Agency (LAA), which operates under the Ministry of Justice (MoJ).

The scheme applies to a range of case outcomes, including guilty pleas, cracked trials, and full trials, as well as to sentencing hearings and appeals. The AGFS does not extend to pre-trial legal work, which may be covered under different legal aid provisions, nor does it apply to solicitors’ fees. The scheme’s primary function is to ensure consistent and transparent remuneration for advocacy services provided in publicly funded criminal cases within the Crown Court.

How does the Advocates’ Graduated Fee Scheme work?

Standard case fee: There is a single standard case category that applies to many basic cases. This offers a flat fee structure for straightforward criminal matters that do not require additional complexity-based adjustments.

Case categories and bands: More complex and serious cases are divided into specific categories (e.g., homicide, fraud, drugs) and further into bands within each category. These bands reflect the seriousness and complexity of the case. The higher the band, the greater the complexity and the fee.

Refreshers: Instructed advocates receive daily rates, known as refreshers, for each day they are in trial beyond the first. These rates are tailored to the case category and band, ensuring that more complex trials and more experienced advocates are fairly compensated.

Separate payments for specific hearings: The scheme includes separate payments for key hearings, such as plea and case management hearings

The Criminal Legal Aid (Remuneration) Regulations 2013 define the structure and rates of payment for all work completed under the AGFS.

Recovering costs under the Advocates Graduated Fee Scheme

To recover costs, advocates in the case must submit their claims through the Crown Court Defence (CCD) digital service, detailing all relevant case information. Supporting information, such as PPE counts, court orders, and transcripts, may be required may be required to substantiate the claim. A graduated fee calculator can be used to determine a final estimated total fee. Once submitted, the LAA assesses the claim and, if it complies with the AGFS guidelines, process the payment.

If a claim is rejected or underpaid, the advocate has the right to request a review by the LAA or escalate the matter to the Senior Court Costs Office.

The Legal Aid Agency enforces strict invoice and cost submission guidelines, and we would always recommend the assistance of a costs expert to submit your claims online. Our Costs Draftsmen can provide assistance to ensure accurate and proper submissions.

How can ARC Costs Assist with Recovery Under the Advocates Graduated Fee Scheme?

Our team of highly skilled Costs Draftsmen and Costs Lawyers regularly assist in all types of costs claims, including those under the Advocates Graduated Fee Scheme.

Using our expert costing service, we help advocates maximise their recovered legal costs whilst providing expert legal advice and minimising the risk of rejected claims from the Legal Aid Agency. Our team can also identify underclaimed elements and ensure the correct application of uplifts or enhancements where available.

To find out more about how we can provide you with assistance, please get in touch with us at 01204 397302 or email our team of experts at info@arccosts.co.uk. Alternatively, please use our free chat facility to speak to an expert directly.

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