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section 36 payment

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section 36 payment

Postby veritas2409 » Thu Jun 02, 2016 6:04 pm

I'm hearing something that strikes as strange.A solicitor will receive only £175 for crown appeal but for a section 36 cross examination they can receive a hourly private rate

So if this is true then some poor odd that slaves way for a 2 day hearing , with possibly 1 days prep work gets paid less than somebody who floats in and does a 2 hour cross examination and might receive £200 per hour.

Do you know how many hours a solicitor can claim for on a section 36 case , ie is he or she allowed something for prep work ?

I might also add somebody who does the whole case is under more pressure for the result , as they have to answer to the client but the section 36 solicitor doesn't even techinally represent the accussed and a cross examination of him is relatively easy. He doesn't have to worry about all the nasy bits somebody doing the full trial has to worry about

Any answers appreciated
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Re: section 36 payment

Postby atticus » Thu Jun 02, 2016 6:42 pm

Section 36 of what, for those not in the know?

You are beginning to understand why so many solicitors are getting out of criminal law work.
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Re: section 36 payment

Postby Smouldering Stoat » Thu Jun 02, 2016 6:50 pm

I assume the OP is referring to the Mental Health Act 1983.
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Re: section 36 payment

Postby veritas2409 » Thu Jun 02, 2016 7:16 pm

no , it is section 36 of the youth and criminal justice act to cross examine vulnerable witness like a child , domestic abuse victims or a sex abuse case. However judges seem to be increasing the scope to include most witnesses. In my case the victim is a police officer and I think the act never intended it for such purpose

I want to self represent but I fear at the mention tomorrow this nonsense will be introdced again. I'm going to point out that I can't find any solicitor willing to do it for £175.
Would like to point out to him that the section 36 rule is been abused. If I'm correct a sec 36 appointee will need 2 hours in court and 2 hours prep. So if it private hourly rates then the appointee would get £800 if the rate was £200 per hour.

I suppose now I think about I could nominate my own section 36 appointee and get him to represent me for the whole case. Effectivly he would get paid a half decent fee but strictly speaking he would be getting nothing for fully representing me. That might be not allowed. I'm not sure if I could also get legal aid for full representation
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Re: section 36 payment

Postby Smouldering Stoat » Thu Jun 02, 2016 7:39 pm

If you cannot find a representative, then the court will have to consider appointing someone for you.
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Re: section 36 payment

Postby veritas2409 » Thu Jun 02, 2016 8:06 pm

from a guidance document

"he is paid a trial graduated fee (including the full page and witness allowance). However, the advocate calculates the graduated fee from the number of days of his attendance at court"

What does this mean ?
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Re: section 36 payment

Postby atticus » Thu Jun 02, 2016 9:21 pm

It means that the fee is on a scale, according to the number of days spent in court, not an equal amount for each day. The advocate can work out his fee according to that scale.
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