When a criminal case proceeds to the Crown Court in England and Wales, the associated costs can be substantial. While its function is essential to upholding justice and maintaining public confidence in the rule of law, attending Crown Court can come with considerable financial implications.

For defendants, especially, the financial stakes can be high. A conviction may result in a criminal sentence but also in significant orders for costs to pay court costs or reimburse legal aid expenses. Even for those acquitted, the financial toll of private legal defence can be severe, and cost recovery is limited.

At ARC Costs, our team prepare and submit accurate bills under both the Litigator and Advocate Graduated Fee Schemes, ensuring compliance with Legal Aid Agency (LAA) rules and maximising cost recovery. Our team helps law firms recover full entitlement by reviewing files thoroughly, identifying all claimable work, and reducing the risk of LAA deductions or delays.

What are Crown Court costs?

Crown Court costs refer to the legal and administrative expenses incurred during a criminal trial or sentencing in the Crown Court. These include:

• Legal Aid Costs (if applicable)
• Prosecution costs
• Defence costs
• Court administration and judicial expenses
• Witness expenses and expert fees

These costs vary significantly depending on the complexity and length of the trial. The prosecution of offences is the foundation of criminal proceedings and directly shapes how and where costs arise in the Crown Court.

What is the Crown Court costs process?

The Crown Court costs process involves several steps, depending on whether the case is publicly or privately funded, and whether the defendant is convicted or acquitted.

Determining who pays

At the conclusion of a Crown Court case, the court decides who should bear the legal costs. This depends on the outcome:

• If the defendant is convicted, the court may order them to pay prosecution costs, either in full or in part, depending on their financial circumstances.
• If acquitted, the defendant may apply for a Defendant’s Costs Order (DCO) to recover their legal costs (limited if privately funded).
• If the case is legally aided, the Legal Aid Agency (LAA) will cover defence costs under the appropriate scheme. Legal Aid is also available for appeals to the Court of Appeal, subject to means and merits tests.

Preparation and submission of bills

For legally aided defendants, costs draftsman prepare a bill of costs under either:

• The Litigator Graduated Fee Scheme (LGFS) for solicitors
• The Advocate Graduated Fee Scheme (AGFS) for counsel

These bills detail the work done and must comply with strict LAA guidelines. If the case is exceptionally complex or long, it may be classed as a High Cost Case, requiring a bespoke High Costs Case Plan.

Assessment of costs

The LAA review submitted bills to ensure accuracy and compliance. They may:

• Approve the full amount
• Make deductions for over-claimed or ineligible items
• Request further information or clarification

Privately funded defendants seeking recovery under a DCO must submit an application to the court, which then decides what amount, if any, can be reimbursed.

Payments and appeals

Once approved, the LAA issues payment directly to the legal provider. If costs are reduced or rejected, solicitors or their costs draftsmen can:

• Request a review
• Submit written representations
• Attend a costs hearing before a costs judge

How can ARC Costs assist?

ARC Costs are specialist Cost Draftsman and Costs Lawyers dealing with various different types of cases where costs orders are being sought or have been awarded.

We can assist at every stage of both the Magistrates’ Court and Crown Court costs process, helping legal professionals recover the maximum fees with speed and accuracy. Our team of expert costs draftsmen and costs lawyers prepare and submit detailed, compliant bills of costs, ensuring all eligible work is claimed. We handle submissions to the Legal Aid Agency (LAA), reducing the risk of deductions or delays, and manage the complexities of High Cost Case Plans where needed.

If costs are disputed or reduced, ARC Costs can challenge the decision by preparing written representations, points of dispute, or attending assessment hearings. For a no-obligation discussion, you may contact us at info@arccosts.co.uk or 01204 397302. Alternatively, you may complete our online query form, and we will contact you to discuss your costs query further.

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