Claims paid out of central funds
The Criminal Cases Unit is responsible for assessing a range of claims paid out of Central Funds.
Applies to England and Wales
Certain types of claims must be submitted using the Fastrak process.
If you have instructed an advocate (barrister) without instructing a litigator (solicitor) see Direct Access section below.
You must send claims to the Criminal Cases Unit (CCU) within 3 months of the court proceedings ending. The CCU may reject claims if you submit your claim late.
The CCU assesses costs incurred in the magistrates’ court and Crown Court claims from:
- a dismissed or acquitted defendant who has a costs order from the court
- an advocate appointed by the court to cross-examine a vulnerable witness
- an advocate appointed in the Crown Court and where legal aid has not been granted, or has been withdrawn, to put the case for the defendant where the defendant is unfit to plead
- a private prosecutor who has a costs order from the court
How to claim back costs
| Type of claim | Claim for | Form and supporting documents |
|---|---|---|
| DCO magistrates’ court Fastrak | Dismissed defendant in magistrates’ court where the total claim is for £2000 or less. The £2000 limit includes counsel fees but excludes disbursements and VAT. All claims should be e-mailed to dcofastrak@justice.gov.uk | DCO1 and guidance |
| DCO magistrates’ court Non-Fastrak | Dismissed defendant in magistrates’ court over £2000. All claims should be e-mailed to dco@justice.gov.uk | DCO2 and guidance |
| DCO Crown Court appeal | Successful appeal against magistrates’ conviction or sentence. All claims should be e-mailed to dco@justice.gov.uk. | DCO2 and guidance |
| DCO Crown Court proceedings on indictment | Acquitted defendant refused legal aid on financial grounds on or after 27 January 2014. All claims should be e-mailed to dco@justice.gov.uk | DCO2 and guidance |
| DCO magistrates’ court and Barrister Direct Access | Dismissed defendant in magistrates’ court. All claims should be e-mailed to dco@justice.gov.uk | 5913 and guidance |
| DCO crown court and Barrister Direct Access | Dismissed defendant in crown court. All claims should be e-mailed to dco@justice.gov.uk | 5913A and guidance |
| Court appointee – magistrates’ court | Section 38 Youth Justice and Criminal Evidence Act 1999. All claims should be e-mailed to courtappointee@justice.gov.uk | CA1 and guidance |
| Court appointee – Crown Court | Section 4A Criminal Procedure (Insanity) Act 1964 or section38 Youth Justice and Criminal Evidence Act 1999. All claims should be e-mailed to courtappointee@justice.gov.uk | CA1 and guidance |
| Private prosecutor – magistrates’ court | Costs relating to indictable offences only. All claims should be e-mailed to privateprosecution@justice.gov.uk | PP1 and guidance |
| Private prosecutor - Crown Court | Costs incurred in Crown Court and magistrates’ court. All claims should be e-mailed to privateprosecution@justice.gov.uk | PP1 and guidance |
Where defence costs are claimed under a DCO made in proceedings commencing either in the magistrates’ court or in the Crown Court on or after 1 October 2012 costs are payable only in accordance with the rates and scales set by the Lord Chancellor in the legal costs documents.
Where prosecution costs are claimed under a Prosecution Costs Order (PCO) and where Court Appointee costs are claimed under a notice of appointment made in proceedings either in the magistrates’ court or in the Crown Court solicitors costs are payable in accordance with the Solicitors Guideline Hourly Rates
Expenses incurred in attending court by witnesses (including professional and expert witnesses), interpreters, and intermediaries, are paid locally by the court in accordance with the Guide to Allowances. These expenses are paid locally by the Court, in accordance with the Guide to Allowances and not by the CCU.
Extension of time for submitting your central funds claim
You can request an extension of time by email at least 7 days before your claim is due.
- enter ‘extension of time’ in the subject header
- give details of why you need an extension and the date you need it for.
- E-mail: manchesterccu@justice.gov.uk
Reassessment of your central funds claim
If you disagree with the CCU’s decision you must ask for it to be reconsidered (a review or a redetermination) within 21 days of the assessment.
- make your request in writing and sign it
- specify what is disputed and why
- enclose relevant documents and information
- advise if you’d like to make an application to be heard
- email your request to the same email address your original claim was sent to
How to appeal
If you are dissatisfied with the decision on reassessment and your claim relates to proceedings in the magistrates’ court you may apply for a Judicial Review.
If you are considering applying or are applying for Judicial Review, notification should be sent via email to the Central Legal Team at CentralLegalTeamLAA@justice.gov.uk and the CCU at ccu@justice.gov.uk headed “Judicial Review”.
If your claim is a:
- Crown Court central funds defence or prosecution costs order claim
- Crown Court appointee claim
You can, within 21 days of the notification of the reassessment decision, request written reasons. If you are still dissatisfied with those reasons, you can appeal to the Costs Judge.
The Senior Costs Judge
The Senior Courts Costs Office
Thomas More Building
Royal Courts of Justice
Strand
London WC2A 2LL
Email: scco@hmcts.gsi.gov.uk
Telephone 0207 947 6000
How to appeal to the Costs Judge
You can appeal to the Costs Judge within 21 days of receipt of the written reasons. You must complete the appeal form, specifying the disputed amounts. You must send a copy of your appeal to the CCU at ccu@justice.gov.uk
You should refer to the Senior Courts Costs Office guide
Use HMCTS CE-File system for appeals
Appeals and applications to the Senior Courts Costs Office (SCCO) must now only be made through the online CE-File system. These arrangements came into force on 20 January 2020 and apply to all associated documents and correspondence.
Paper appeals submitted will no longer be accepted by the SCCO. You should ensure your form A and a copy of the written reasons for the appeal are uploaded to HM Courts and Tribunals Service CE-File system. There is an issue fee of £100, which may be paid by card or Payment by Account (PBA) number.
When issuing a new appeal on the CE-File system you must provide details of all the parties in the case. You should specify the Legal Aid Agency as the respondent. In the legal representative section you need to ensure that the Central Legal Team’s details are entered. It should not be necessary to enter these details manually. If you search ‘Central Legal Team’, CE-File will populate the relevant details.
In accordance with regulation 10(3) of the Costs in Criminal Cases (General) Regulations 1986 you must ensure that a copy of the appeal and all relevant supporting documents are served on the determining authority.
You need to serve a complete copy of the appeal documents that you upload to the CE File by sending them by email to Central Legal Team at CentralLegalTeamLAA@justice.gov.uk and the CCU at ccu@justice.gov.uk
It is important to note that under regulation 10(11), unless the Costs Judge otherwise directs, no further evidence shall be received on the hearing of the appeal. Also, no grounds of objection shall be valid which was not raised before the Determining Officer on redetermination.
You should also note that unless the Costs Judge otherwise directs:
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no further evidence shall be received on the hearing of the appeal
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no grounds of objection shall be valid which were not raised before the determining officer on redetermination
If appropriate, you should resubmit your claim in full following receipt of the Costs Judge appeal decision. You should include a copy of the judgment.
We will then consider your claim to see if any payment adjustment needs to be made. The Criminal Cases Unit will notify you when that has been done.
Guidance on the CE-File system is available on this HMCTS GOV.UK page:
CE-File system information and support advice
Where to send claims for costs dealt with by the CCU
Claims for DCO fastrak (magistrates’ claims up to £2000 including counsel fees excluding vat and disbursements) must now be submitted on a DCO1 form and emailed to dcofastrak@justice.gov.uk
Claims for DCO magistrates’ and Crown Court claims over £2000 must be submitted on a DCO2 form and emailed to dco@justice.gov.uk
Direct access claims must be submitted on the editable PDF form 5913 and 5913A and emailed to dco@justice.gov.uk. Please ensure subject field states “direct access claim”.
Court Appointee claims must be submitted on a CA1 form and emailed to courtappointee@justice.gov.uk
Private Prosecution claims must be submitted on a PP1 form and emailed to privateprosecution@justice.gov.uk
General enquiries should be sent via email to ccu@justice.gov.uk
How payments are made by the CCU
Payments are made by our payment centre Shared Service Connect Limited (SSCL). For any enquiries or for information on authorised payments, contact SSCL on 0345 241 5351 and select option 2 (2p per minute). Alternatively they can be contacted by email MoJ-finance-ap-enquiries@gov.sscl.com
You will need to quote the reference number and the payment number, for example, M1234567/12345. Alternatively quote the MOJ reference number sent with your remittance advice, for example, MOJ LA AGENCY 12345678912.
To ensure you receive payment as quickly as possible it would assist if you provided bank details for a BACS payment. This information should be on letter-headed paper, signed by two partners and scanned/emailed to manchesterccu@justice.gov.uk
You will need to state the bank name, sort code, account name, account number and an email address for the remittance advice.
Attending court as a defendant and claiming personal expenses
If you are an acquitted defendant, submit your claim for personal expenses to the court that heard your case. The court is responsible for assessing and paying claims for personal expenses.
The Criminal Cases Unit is responsible for assessing and paying claims for legal expenses. Refer to the DCO (Defendant’s Costs Order) process above.
Last updated 27 November 2020 + show all updates
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Updated SSCL contact details.
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Updated information and email addresses on where to send claims
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Updated guidance on how to submit documents to the SCCO using HMCTS CE-file.
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Updated wording for DCO magistrates court Fastrak claims to provide greater clarity.
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Published guidance to accompany forms DCO1 and DCO2
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CA1 form for court appointee claims published together with step by step guide.
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DCO1 and DCO2 form published.
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Information on closure of Birmingham office and all claims and correspondence should now be sent to the Manchester office.
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Investigative expenses guidance published.
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Updated on National Taxing Team.
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How to claim costs for a private prosecutor or court appointee section updated.
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Legal costs guides replaced.
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Updated with latest rates and scales
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First published.