CDS News

An improved way of establishing the pages of prosecution evidence (PPE) for Crown Court cases comes into effect next week (1 May).

• The PPE is a crucial element of calculating graduated fees for litigators and advocates.
• It’s hoped the new process will resolve many of the difficulties in agreeing the PPE between court staff, defence and prosecution.

How the process came about?

A review group was set up last November and consisted of representatives from:

• Legal Services Commission
• Crown Prosecution Service
• Ministry of Justice
• Her Majesty’s Court Service
• the Legal Aid Practitioners Group.

It examined best practice across the country and recommended the following process be implemented.

The New PPE Process

The PPE Process Chart, a chart outlining the process, can be found in the documents panel on the following page:

• CDS > Pay rates and schemes > Advocates graduated fee scheme

The new process will be formally rolled out in all CPS areas from 1 May. It follows two stages.

• Stage 1

The CPS will start to print running totals of PPE on the front sheet of all new bundles and Notices of Additional Evidence (NAEs). There will be a running total for statements, exhibits and photographs and the combined total will be the PPE.

• Stage 2

When a case ends and the defence team wishes to claim its fees, the advocate will use a new form to confirm the CPS’ final PPE figure or to assert an alternative PPE figure and provide supporting evidence.

Next steps

• If the defence team agrees the CPS PPE figure, the advocate completes and submits the PPE form to the court officer for entry onto the court’s CREST system. This system is used as a validating tool for LGFS and AGFS claims.
• If the defence team disputes the PPE figure, the advocate completes and submits the PPE form to the court officer who  then reviews it. (PPE form available at: CDS > Pay rates and schemes > Advocates graduated fee scheme) 
• If the court officer agrees with the revised figure, they will enter that figure onto the CREST system.  If not, they will enter the original CPS figure.
• The figure entered onto the CREST system will be used to validate claims for payment. 
• If the advocate or litigator still disagree, they can seek redetermination after a determining officer has calculated their graduated fee. 

Further information

Please look at:

• CDS > Pay rates and schemes > Advocates graduated fee scheme

The PPE form and the PPE Process Chart can be found in the Documents panel on the right hand side of the page.