Block Fee 4 – Perusal

The payment provisions in respect of perusal charges have been streamlined.

The charge allowable in any case however can only be determined when we can establish what preparation fee is payable in the case.

The fees in respect of perusal are payable, having regard to the different types of disclosure which ordinarily feature in a solemn criminal case, on the following basis:

for the first 250 sheets of documentation where separately chargeable, and each subsequent 250 sheets
for each 250 minutes of recorded video or audio material, where separately chargeable
for each 250 minutes of “other material” (e.g. telephony/computer records or outputs/labels/photographs or other material or documentation not chargeable above, where separately chargeable).

The latter documentation is intended as a means to ‘catch-all’ documentation that is not easily measured by way of sheets or minutes. You must charge for that perusal based on the time actually and reasonably engaged.

For example, this may include perusal of a telephone report which often contains a mix of different types of material including text and audio messages, video content, photographs, cookies, etc. or a labelled production such as a knife, car etc.

Where the disclosed material is a combination of statements etc. (payable on the basis of sheets considered), audio/video (payable on the basis of runtime), and other material (payable on the basis of reasonable time engaged), the standard fee payable will be calculated on the basis of the aggregate total of sheets, minutes of audio/video runtime and minutes reasonably engaged, payable per tranche of 250 sheets and/or minutes.

Amount of perusal included in the preparation fee

The first 1,000 sheets, minutes or labels in a case where:

the s76 preparation fee is payable, and with effect from 1 April 2026, in any case where a plea of guilty is accepted at any diet prior to an appointed trial diet; or

The first 50 sheets, minutes or labels in a case where:

the trial preparation fee is payable; or
the case is disposed of by any other means

are not separately chargeable as those respective amounts are included in the preparation fee which is payable in the case.

Perusal fee payable more than once in a case where there is a transfer of solicitor

The perusal fee is not restricted to payment once in a case.

The exception to this is where any documentation has already been made available and perused by the transferring solicitor where:-

the transfer takes place post-conviction;
the work is in relation to confiscation proceedings, and
the work is covered under any existing grant of criminal legal aid.

and only one perusal fee is allowable.

In any other case where there is a transfer of solicitor the fee is payable to each solicitor based on the aggregated sheets and minutes they have actually and reasonably perused. This should provide the necessary flexibility to the incoming solicitor to “read in” to the case in order to provide appropriate advice to the client and prepare the defence.

It is important to recognise that the payment more than once is where there is a change of solicitor. If for example, the case was transferred from solicitor A to solicitor B and back to solicitor A, solicitor A (the same solicitor) would not be entitled to two separate perusal payments. Only one fee would be payable to solicitor A based on the total volume of distinct material which has been disclosed in the case and the preparation fee payable in the case.

How the perusal fee will be calculated

In a case which involves 150 sheets + 100 minutes of CCTV + 100 minutes of “other material” that would equate to a total of 350 sheets or minutes.

In a case which:

proceeded to trial or was disposed of by other means 300 sheets/minutes would be chargeable, as the first 50 sheets are included in the respective preparation fee that would be payable.
is disposed of by way of a hearing under section 76, and in any case where a plea of guilty is accepted at any diet prior to an appointed trial diet on or after 1 April 2026, no separate perusal charge would be allowed as the total is less than the 1,000 sheets/minutes that are included in the s76/early guilty plea preparation fee.

The perusal fee covers a block of 250 sheets/minutes (or part thereof), so in a case with 300 chargeable sheets/minutes which proceeded to trial, or was disposed of by other means, you would be entitled to payment of 2 blocks x the prescribed fee.

The fee payable is calculated on the basis of the actual documentation which has been actually and reasonably considered, due regard being had to economy and the fee is only payable if we, or as the case may be the auditor, is satisfied that:

the level of perusal was necessary, reasonable and proportionate in all the circumstances of the case, and

there has been due regard to the manner of perusal and reasonably available tools and aids.

There is no definition of ‘tools and aids’ but it is to emphasise that where those exist they must be used. For example, where the disclosure contains material in MS Excel format that software should be used to interrogate and analyse the data and it should not be charged based on the actual word count of the sheetage based on 250 words or numbers.

Where disclosure is over 50,000 sheets/minutes

Although this is likely to arise infrequently where the amount of disclosure exceeds 50,000 sheets or minutes:

the first 50,000 sheets or minutes are payable at the standard prescribed rate; and
each tranche of 250 in excess of 50,000 will be payable at 50% of the prescribed rate.

For example, if there were 51,000 chargeable sheets or minutes in a case which proceeded to trial or was disposed by means other than s76, the solicitor would be entitled to:

200 blocks @ the full prescribed fee; and
4 blocks @ half of the prescribed fee.

Information in support of perusal charges

The payment arrangements have been designed to significantly simplify the assessment process and avoid the need to become involved in protracted post assessment negotiations.

However, where we require further information in support of any charge you must:

produce, if requested, records providing a detailed summary of the nature of the work or, if applicable, the nature of the documentation perused, at each stage of the process, the time taken and when and where the work was undertaken; and
retain, and if requested produce, any contemporaneous record or notes made in the course of the perusals.