Introduction
Accurate and complete AGFS claims reduce delays, refusals, and rejections. This guide offers practical steps, best practices, and a checklist to help you get paid the first time.
Best practices for bill submission
Understand the fee schemes
- Use the official calculators and guidance to model your claims and maximise remuneration.
- Always check which count on the indictment attracts the highest fee. An offence that initially appears less serious may pay more.
Keep accurate records
- Maintain detailed attendance notes for every hearing. If using Common Platform, sign in yourself—do not rely solely on court staff.
- For special preparation, keep clear work logs showing what was reviewed, when, and for how long.
Provide supporting evidence
- Submit all necessary supporting documents with your claim (such as sentencing notes, opening notes, forensic reports, and DCS records if applicable).
- For electronic evidence (such as phone downloads), download and send the files as needed on Galaxkey (Secure File Exchange).
- Provide all information needed for travel and accommodation claims, including receipts and justifications for claiming higher rates.
Common mistakes and why they cause problems
- Missing attendance records: If your attendance is not recorded on the court log, payment may be delayed or refused. Court staff cannot retrospectively amend Common Platform records.
- Incomplete work logs: Claims for preparation or special preparation without detailed logs may be rejected.
- Lack of supporting evidence: Failing to provide documents to justify offence band, page count, or expenses slows assessments and risks refusal.
- Not claiming all entitlements: Fees often overlooked include Section 28 Fixed fee and the Additional Preparation fixed fee.
- Generic calculations: itemise time spent on each task rather than using ‘2 minutes per page’ or similar averages in work logs.
Miscellaneous hearings
Section 28 Hearings – Increased fees
For representation orders dated after 1 February 2023, a specific fee for Section 28 hearings was introduced.
- Orders granted between 1 February 2023 and 15 November 2023: £670.
- Orders granted on or after 16 November 2023: £1,000.
Important
The fee is payable once per case. The Section 28 fixed fee is payable in addition to the daily attendance fee for the Section 28 hearing; therefore, counsel can claim both.
Additional Preparation Fees
Unused material
Since 17 September 2020, you can claim for considering unused material in cracked trials and trials as follows
- First 3 hours payable as a fixed fee.
- Over 3 hours: AU1 required.
- Over 10 hours: AU1 plus detailed work log required. It must detail dates, times and the work undertaken.
You must complete the ASP2 for special preparation and AU1 for unused preparation and tick the declaration confirming you have not claimed elsewhere for the work.
Work logs should include dates, times of work, a meaningful description of the work, and, if applicable, the number of pages considered. For 30 hours and more unused claims a worklog is mandatory.
Preparation for excess pages
From 17 April 2023, you can claim for considering served evidence that exceeds the set page thresholds for each offence band. For drugs and fraud cases, the thresholds are higher (15,000 and 30,000 pages, respectively).
Accommodation and subsistence allowances
Accommodation
The maximum claimable amount for hotels is now £100 (including VAT) for all areas outside London, while accommodation within London (inside the M25) is claimable up to £165 (including VAT). If suitable accommodation cannot be found within these limits, you should provide evidence (such as screenshots) to support a higher claim.
Overnight subsistence
This is payable at £25 (including VAT) and must be accompanied by receipts.
Maximise claiming for Indictments with multiple counts
Fee banding
Always check all counts on the indictment. Sometimes a less serious offence (for example, drugs or dishonesty) may pay more than a more serious one (for example, murder), depending on page count and banding. Note that the LAA may only remunerate counts on which the defendant is expressly named; it cannot pay for counts relating solely to co‑defendants.
Clarifications on attendance and Common Platform
Attendance recording
With Common Platform, court staff cannot retrospectively amend attendance records. Always sign yourself in and keep personal attendance notes as backup. If there are issues with attendance recording, inform your clerk immediately so they can flag it on the claim.
Hospital Orders and Restriction Orders
Fee uplift
If a Section 41 restriction order is imposed under the Mental Health Act 1983, the case can be claimed at the 1.3 band, even if the original offence would pay less. For a case involving a restriction order, hospital order, or hospital direction under the Mental Health Act 1983, the sentencing hearing may be paid at the equivalent rate of a daily attendance fee.
Representation Orders
No hard copy needed
You do not need to submit a hard copy of the representation order for a case on indictment or committal for sentence case. The MAAT number is sufficient, and the LAA can trace the order if you provide the MAAT details.
Discontinuance
50% of the guilty plea fee can be claimed if a case is discontinued before PTPH, and a full guilty plea fee can be claimed if papers are served and the case is discontinued before or after PTPH.
Fitness to plead
If a defendant is unfit to plead, the whole fee can be claimed as a 5.3 or the original offence, whichever is higher. If the defendant goes on to have a trial of the facts, the fitness hearing can also be claimed as a daily attendance fee.
Bandings and Cost Judge decisions
In multi-handed murder cases, if one defendant is aged 16 or under, all defendants can be remunerated at Band 1.2.
A defendant charged with a historic indecent assault under Section 14 of the Sexual Offences Act 1956 (band 5.2): As the complainant was a child at the time of the incident and the offence involved penetration, a Cost Judge ruled that band 4.1 should apply.
In cannabis weight cases where the prosecution provides a range, the median value should be used for banding purposes.
A defendant charged with intentional strangulation under Section 75A of the Serious Crime Act 2015, which is unclassified: It was determined that band 3.4 was the most appropriate banding.
Tip: Always check the latest guidance on the LAA website and use the most up to date calculators and resources.
Step by step guide to correct submission
Step 1: Prepare your claim
- Review the indictment and all counts to determine the optimal fee band.
- Use the AGFS calculators to model your claim.
- Gather all supporting documents (attendance notes, sentencing/opening notes, DCS records, forensic reports).
Step 2: Record attendance
- Sign in on Common Platform or Xhibit at every hearing.
- If there are technical issues, report to HMCTS’s technology desk and keep your own signed attendance note and inform your clerk.
Step 3: Document preparation work
- For unused material or excess pages, keep a detailed work log:
- List each item reviewed, date, and time spent.
- For claims over 30 hours, provide a justification note explaining the complexity.
Step 4: Submit supporting evidence
- Attach all relevant documents to your claim.
- For electronic PPE, ensure files are accessible to the LAA (download and send as needed on Galaxkey).
Step 5: Expenses and travel
- Provide itemised receipts for travel and accommodation.
- If claiming higher mileage or rates, state the reason (such as accessibility needs, carrying large bundles).
- For accommodation above the standard limit, include evidence (for example, screenshots showing no suitable options).
Step 6: Final checks and submission
- Double-check all entries, supporting documents, and calculations.
- Submit the claim via the Claim for Crown Court Defence.
- If the representation order is missing, provide the MAAT number or as much case detail as possible for the LAA to trace.