LegalizeThe Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1996
Made: 7th March 1996
Laid before Parliament: 11th March 1996
Coming into force: 1st April 1996
The Lord Chancellor, in exercise of the powers conferred on him by sections 25(2), 34 and 43 of the Legal Aid Act 1988[^f00001], having had regard to the matters specified in section 34(9) and having consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations—
Citation, commencement, interpretation and transitional provision
1
- (1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
- (2) In these Regulations a reference to a regulation or schedule by number alone means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989[^f00002].
- (3) Regulations 2 to 7 of these Regulations shall apply for the purposes of work done on or after 1st April 1996 to which the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 apply.
Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989
2
In regulations 6(3) and 9(5)(a) for “30th June 1996” there shall be substituted the date “30th June 1997”.
3
The following paragraphs shall be substituted for Schedule 1 Part I paragraph 1—
(1) (1) Subject to paragraphs 1A, 2 and 3, the appropriate authority shall allow fees for work allowed by it under regulation 6 at the following prescribed rates:
| Class of work | Rate | Rate |
|---|---|---|
| Preparation | £44.75 per hour– | (£47.25 per hour for a fee-earner whose office is situated within legal aid area 1). |
| Advocacy | £56.50 per hour | |
| Attendance at court where counsel assigned | £30.50 per hour | |
| Attendance at court where counsel assigned | £30.50 per hour | |
| Travelling and waiting | £24.75 per hour | |
| Routine letters written and routine telephone calls | £3.45 per item– | (£3.60 per item for a fee-earner whose office is situated within legal aid area 1). |
| Class of work | Grade of fee-earner | Rate |
| --- | --- | --- |
| Preparation | Senior solicitor | £53.00 per hour– |
| Solicitor, legal executive or fee earner of equivalent experience | £45.00 per hour– | |
| Articled clerk or fee-earner of equivalent experience | £29.75 per hour– | |
| Advocacy | Senior solicitor | £64.50 per hour |
| Solicitor | £56.00 per hour | |
| Attendance at court where counsel assigned | Senior solicitor | £42.25 per hour |
| Attendance at court where counsel assigned | Solicitor, legal executive or fee-earner of equivalent experience | £34.00 per hour |
| Articled clerk or fee-earner of equivalent experience | £20.50 per hour | |
| Travelling & waiting | Senior solicitor | £24.75 per hour |
| Travelling & waiting | Solicitor, legal executive or fee-earner of equivalent experience | £24.75 per hour |
| Articled clerk or fee-earner of equivalent experience | £12.50 per hour | |
| Routine letters written and routine telephone calls | £3.45 per item– |
(2) In paragraphs 1(1) and 1A, “legal aid area” means an area specified by the Board under regulation 4(1) of the Civil Legal Aid (General) Regulations 1989[^f00003], and legal aid area 1 means the area so numbered by the Board. (1A) Subject to paragraphs 2 and 3, the following prescribed rates shall apply to work done by a franchisee instead of the corresponding rates in paragraph 1(1)(a):
| Class of work | Rate | Rate |
|---|---|---|
| Preparation | £46.00 per hour– | (£48.50 per hour for a fee-earner whose office is situated within legal aid area 1) |
| Advocacy | £57.75 per hour | |
| Attendance at court where counsel assigned | £31.50 per hour | |
| Travelling and waiting | £25.50 per hour | |
| Routine letters written and routine telephone calls | £3.55 per item– | (£3.70 per item for a fee-earner whose office is situated within legal aid area 1) |
4
Part II of Schedule 1 shall be amended as follows:—
- (a) the following shall be substituted for the Table following paragraph 4(3)—
| Type of proceedings | Type of proceedings | Lower standard fee | Lower fee limit | Principal standard fee | Upper fee limit |
|---|---|---|---|---|---|
| Jury trials (including any case prepared for trial in which no jury was sworn) | £129.50 | £179 | £249.50 | £312 | |
| Jury trials (including any case prepared for trial in which no jury was sworn) | London rate | £139.00 | £186 | £261.50 | £326 |
| Guilty pleas | £81.50 | £110 | £175.00 | £226 | |
| London rate | £87.50 | £114 | £185.50 | £235 | |
| Appeals against conviction | £51.00 | £68 | £153.00 | £233 | |
| London rate | £54.50 | £70 | £159.00 | £244 | |
| Appeals against sentence | £36.25 | £52 | £93.00 | £131 | |
| London rate | £39.25 | £54 | £98.00 | £135 | |
| Committals for sentence | £42.50 | £51 | £97.75 | £141 | |
| London rate | £45.00 | £53 | £103.00 | £145 | |
| ADVOCACY IN RESPECT OF BAIL APPLICATIONS | £26.25 | ||||
| ADVOCACY IN RESPECT OF BAIL APPLICATIONS | London rate | £28.75 | |||
| ATTENDANCE AT COURT (INCLUDING WAITING) WHERE COUNSEL ASSIGNED | £21.40 per hour | ||||
| TRAVELLING | £18.50 per hour |
- (b) in paragraph 4(10), for “£29.50” there shall be substituted “£30.00” and for “£31.50” there shall be substituted “£32.00”;
- (c) in paragraph 4(11), for “£10.75” there shall be substituted “£10.90”.
5
Part III of Schedule 1 shall be amended by substituting the following for paragraph 8(1):—
(8) (1) Subject to sub-paragraph (1A), standard fees are payable in accordance with the Table below:—
| Type of proceedings | Type of proceedings | Lower standard fee | Lower limit | Higher standard fee | Higher limit |
|---|---|---|---|---|---|
| Category 1 | £144.25 | £268 | £346.00 | £463.75 | |
| London rate | £185.50 | £344 | £440.00 | £581.50 | |
| Category 2 | £254.50 | £460 | £583.00 | £767.25 | |
| London rate | £326.50 | £584 | £732.50 | £934.75 | |
| Category 3 | £229.75 | £406 | £520.25 | £709.50 | |
| London rate | £290.50 | £493 | £611.00 | £755.25 |
(1A) Where the work was done by a franchisee, standard fees are payable in accordance with the Table below:–
| Type of proceedings | Type of proceedings | Lower standard fee | Lower limit | Higher standard fee | Higher limit |
|---|---|---|---|---|---|
| Category 1 | £148.25 | £276 | £357.00 | £478 | |
| London rate | £191.00 | £354 | £453.00 | £598 | |
| Category 2 | £262.25 | £474 | £601.00 | £790 | |
| London rate | £336.25 | £602 | £755.00 | £963 | |
| Category 3 | £236.50 | £418 | £536.00 | £730 | |
| London rate | £299.25 | £507 | £629.00 | £778 |
6
Part I of Schedule 2 shall be amended as follows–
- (a) in paragraph 9, for “£19.00” there shall be substituted “£19.25”;
- (b) in paragraph 10, for “£10.75” there shall be substituted “£10.90”;
- (c) The following shall be substituted for the Table following paragraph 11–
| Type of proceedings | Type of proceedings | Standard basic fee |
|---|---|---|
| Jury trials (including any case prepared for trial in which no jury is sworn) | Jury trials (including any case prepared for trial in which no jury is sworn) | £221.50 |
| Guilty pleas | Guilty pleas | £117.00 |
| Appeals against conviction | Appeals against conviction | £117.00 |
| Appeals against sentence | Appeals against sentence | £73.50 |
| Committals for sentence | Committals for sentence | £73.50 |
| Standard appearance fee | £46.50 | |
| Standard refresher fee | ||
| 1 Half day | £81.75 | |
| 2 Full day | £158.25 | |
| 3 More than a full day | £238.00 | |
| Standard written work fee | £30.00 |
7
In Part II of Schedule 2 the following shall be substituted for Table 1 following paragraph 5:–
| Court | Type of proceedings | Basic fee | Full day refresher fee | Subsidiary fees | Subsidiary fees | Subsidiary fees |
|---|---|---|---|---|---|---|
| Attendance at consultations, conferences & views | Written work | Attendance at pre-trial reviews, applications and other appearances | ||||
| Magistrates' court | All cases | Maximum amount: £468 | Maximum amount: £162 | £29.25 per hour Minimum amount: £14.50 | Maximum amount: £51.25 | Maximum amount: £94.00 |
| Crown Court | Jury trials | Maximum amount: £545.50 | ||||
| Cases prepared for trial in which no jury is sworn | Maximum amount: £317.75 | |||||
| Guilty pleas | Maximum amount: £192.25 | £33.50 per hour Minimum amount: £16.75 | Maximum amount: £58.25 | Maximum amount: £99.50 | ||
| Appeals against conviction | Maximum amount: £210 | Maximum amount: £178.75 | ||||
| Appeals against sentence | Maximum amount: £107.50 | |||||
| Committals for sentence | Maximum amount: £107.50 |
Signed
Mackay of Clashfern, C. — Dated 5th March 1996
We consent,
Simon Burns — Derek Conway — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 7th March 1996
Explanatory note
(This note is not part of the Regulations)
These Regulations increase the rates of remuneration for legal aid work in criminal proceedings done on or after 1st April 1996. The Regulations also alter the date after which certain work may be remunerated at discretionary instead of prescribed rates from 30th June 1996 to 30th June 1997.
Footnotes
[^f00001]: 1988 c. 34; sections 25(2), 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”.
[^f00002]: S.I. 1989/343; the relevant amending instruments are S.I. 1990/488, 1991/529, 838, 2037, 1992/592, 1993/934, 1994/1477, 1825, 2218 and 1995/952.
[^f00003]: S.I. 1989/339; the relevant amending instrument is S.I. 1994/1822.
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