Legal Finance Guide

Crown Court Billing: The Complete Guide Every Legal Professional Needs

Whether you are a barrister just starting out or a chambers manager who has been doing this for years, crown court billing is the kind of process that punishes guesswork. Here is everything you need to get it right.

Let’s be honest. Crown court billing is not glamorous. It is not the part of legal practice anyone goes into law for. But it is the part that determines whether your chambers stays financially healthy — or quietly bleeds out through underclaimed fees and rejected submissions.

This guide exists because most resources on crown court billing are either too brief to be useful or too dense to be readable. It is written for practitioners who understand that time is limited and patience for vague legal language is not unlimited.

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What is crown court billing?

Crown court billing is the process by which barristers and solicitors claim payment from the Legal Aid Agency (LAA) for work done on legally-aided crown court cases. It operates under a framework of fixed and graduated fees — meaning most of what you can claim is already determined by rules, not negotiation.

The billing process matters because the crown court handles the most serious criminal cases — murder, rape, serious fraud, terrorism. These are long, complex cases. The stakes are high, the work is significant, and the fees, while regulated, are substantial enough that getting your billing right has real financial consequence.

“Getting paid correctly for crown court work is not just about following rules. It is about understanding a system that was designed by committee and implemented across decades of amendments.”

The LAA administers all legal aid payments through its Contracted Work & Administration (CWA) system. Claims are submitted digitally, assessed against fee scheme criteria, and either paid, queried, or rejected. That is the simple version. The rest of this article is the version that actually helps you.

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The Graduated Fee Scheme explained

There are two graduated fee schemes that govern crown court billing in England and Wales. The one that applies to you depends on your role in the case and when the case started.

AGFS — Advocates Graduated Fee Scheme

The AGFS applies to barristers and other advocates in crown court cases. It was substantially reformed in 2018 and updated again in 2022 following sustained pressure from the criminal bar. The scheme pays a fixed fee based on the category of offence, the length of trial, the number of pages of prosecution evidence (PPE), and whether the defendant pleaded guilty or was convicted after trial.

LGFS — Litigators Graduated Fee Scheme

The LGFS applies to solicitors and their firms who conduct crown court litigation work. It covers preparation, attendance at court, and related administrative tasks. The LGFS uses a different fee structure, with payment calculated according to the case category, the volume of evidence, and the outcome of the case.

Understanding which scheme applies to your work is the starting point for every billing decision. If you are an advocate claiming under the LGFS, or a solicitor making assumptions based on the pre-2018 AGFS structure, your claims will be wrong before you have even started filling them in.

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How crown court fees are calculated

Under the AGFS, the basic fee is calculated using three main components. Each one is worth understanding individually before you look at how they combine.

Basic Fee (B)

This is the starting point for every AGFS claim. It is fixed according to the offence category and the type of hearing — cracked trial, guilty plea, or trial. Basic fees differ significantly between categories. A Category 1 case (murder, for example) carries a substantially higher basic fee than a Category 11 matter (driving offences).

Pages of Prosecution Evidence (PPE)

The PPE uplift accounts for the volume of evidence you have had to read and prepare. Under the reformed AGFS, PPE includes only served prosecution evidence — not unused material, not defence documents, and not material served after a certain threshold date. This distinction trips up a significant number of claims.

Daily Attendance Fees

For trials that run beyond the initial fixed days included in the basic fee, daily attendance fees are added. The rate changes after the first few days, dropping to a refresher fee for extended hearings. These refreshers also vary by case category.

For LGFS claims, the calculation works differently. The fee is based on a combination of the case category, the number of pages of prosecution evidence, the number of defendants, and the case conclusion type. The preparation fee — which accounts for a significant portion of the litigator’s work — is calculated on a per-page basis up to certain caps.

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LGFS vs AGFS — what is the practical difference?

The simplest way to think about it: if you stood up in court and did the advocacy, you claim under the AGFS. If you ran the case from the solicitor’s side — took instructions, managed disclosure, briefed counsel — you claim under the LGFS.

Where it gets complicated is in higher court advocacy. Solicitor advocates who appear in the crown court can claim under the AGFS, not the LGFS, for their advocacy work. That means some firms are managing dual-scheme claims, which requires careful separation of the billing components to avoid double-claiming or underclaiming.

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The five most common crown court billing mistakes

Most billing errors are not the result of dishonesty. They are the result of misunderstanding a system that is genuinely complex. Here are the mistakes that come up most often — and what to do instead.

1. Miscounting PPE

The most common and most costly error. Practitioners either overcount by including unused material, or undercount by missing late-served evidence. The rule is: only count pages of served prosecution evidence that meet the LAA’s definition, and only up to the applicable cap for your case category. Build a consistent system for tracking PPE from the start of every case — not the end.

2. Claiming the wrong offence category

The offence category determines your basic fee. Claiming under the wrong category — even accidentally — results in an incorrect payment. Always refer to the LAA’s offence table when categorising a case. Do not rely on memory, and do not assume that similar offences share the same category.

3. Late submission

Crown court claims must be submitted within three months of the conclusion of the relevant proceedings — or within three months of the date of the representation order in guilty plea cases. Missing that deadline means claiming under a discretionary extension, which the LAA is not obliged to grant. Put submission deadlines in your case management system from day one.

4. Missing defendant uplifts in multi-handed cases

In cases with multiple defendants, AGFS fees include uplifts for each additional defendant. These are easy to miss, particularly when the case has been running for a long time and the defendant count has changed. Check the final defendant count before submission, every time.

5. Failing to claim exceptional case funding

Some crown court cases genuinely fall outside the normal fee scheme limits. Where a case involves an exceptional volume of work — or where the graduated fee would be manifestly disproportionate to the work done — practitioners can apply for Very High Cost Case (VHCC) status or enhanced rates under the exceptional circumstances provisions. Many practitioners do not apply because they assume it will be refused. Make the application. The worst outcome is a refusal.

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Submitting your claim: the step-by-step process

Claims are submitted through the LAA’s online portal. The process has been updated several times and the interface is not always intuitive. Here is what you need to do.

Step 1: Gather your case documents

Before you open the portal, you need the defendant’s date of birth, the representation order number, the case number, the indictment details, the trial dates, and a complete PPE count. Missing any of these at submission will either cause a rejection or a query that delays payment.

Step 2: Classify the case correctly

Select the correct offence category from the LAA’s table. Identify whether the case concluded as a guilty plea, cracked trial, or trial. Confirm which fee scheme applies — AGFS or LGFS.

Step 3: Enter the fee components

Enter the basic fee, the PPE count, the number of trial days and refresher days, any defendant uplifts, and any applicable witness or oral evidence uplifts. If you are claiming disbursements — travel expenses, for example — these are entered separately and require supporting documentation.

Step 4: Review before submission

The LAA’s portal does not always flag errors before you submit. Review every line item before clicking submit. A submitted claim can be amended, but the process takes time and may trigger an audit of your other claims.

Step 5: Keep your records

Store a copy of every submitted claim, along with the supporting documents that justify each component. The LAA can audit claims up to five years after submission. If you cannot produce the evidence that justified your PPE count in 2022, you are in a difficult position in 2026.

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Redetermination and appeals

If the LAA pays less than you claimed, or rejects your claim, you have a right to redetermination. This is the process by which the LAA reviews its own decision. You must apply for redetermination within 21 days of receiving the determination — that window is short and strictly enforced.

If redetermination does not resolve the dispute, you can appeal to a Costs Judge. This is a formal judicial process. The Costs Judge will consider the papers, may hear oral submissions, and will issue a decision that both parties must accept (subject to further appeal on points of law). Most billing disputes are resolved at the redetermination stage. Very few reach a Costs Judge.

Redetermination is not adversarial in tone. Approach it as a clarification process. Provide the evidence. Explain the calculation. Do not assume bad faith on the LAA’s part — assume they have not seen what you have seen.

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What is changing in 2025–26

The Criminal Legal Aid Review (CLAR), completed in 2021, led to the most significant fee increase in years — a 15% uplift across most AGFS and LGFS rates, phased in from late 2022. As of 2025, the system is operating under those revised rates, but further reviews are expected.

The Ministry of Justice has indicated that a more fundamental reform of the fee structure is under discussion — moving away from the current category-and-PPE model toward a more work-based assessment for certain case types. No final decision has been published. Watch the LAA’s provider updates and the Criminal Bar Association’s communications for developments.

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Quick reference: selected AGFS offence categories

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Frequently asked questions

Can I claim for a case where the client was acquitted?

Yes. The AGFS and LGFS pay based on the work done, not the outcome. An acquittal after a full trial is still a trial, and the applicable trial fees apply regardless of the verdict.

What happens if the case goes part-heard and then restarts?

Part-heard cases are subject to specific rules under both the AGFS and LGFS. In general, the original trial and any retrial are treated as separate cases for billing purposes, but the rules are nuanced and worth verifying with the LAA’s current guidance.

How do I claim for pre-trial hearings — mentions, PTPH, CMHs?

Under the AGFS, most pre-trial hearings are included in the basic fee. There is no separate payment for Plea and Trial Preparation Hearings (PTPHs) or Case Management Hearings (CMHs) in the standard scheme. However, some hearings — such as Confiscation Hearings — attract separate payment. Check the current LAA guidance for the specific hearing type.

Is there a minimum fee if a case collapses on day one?

Yes. A cracked trial — where a guilty plea is entered after trial preparation but before or at the start of trial — attracts a cracked trial fee under the AGFS. This is set at a percentage of the full trial fee and provides a floor below which payment cannot fall, provided the case reached the relevant threshold for cracked trial status.

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