The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014

4

In paragraph 3 (Work conducted outside the Police Station)—

• (a) in sub-paragraph (1), for “£300” substitute “£273.75”; and

• (b) for the table following sub-paragraph (1) (Free standing Advice and Assistance), substitute the following table—

5

In paragraph 3—

• (a) in sub-paragraph (2), for “£1,500” substitute “£1,368.75”; and

• (b) for Table A (Advocacy Assistance on a warrant of further detention – Magistrates’ Court or judicial authority) and Table B (Advocacy Assistance on a warrant of further detention – High Court or a senior judge) following sub-paragraph (2), substitute the following tables—

6

In paragraph 3—

• (a) in sub-paragraph (3), for “£1,500” substitute “£1,368.75”; and

• (b) for the table following sub-paragraph (3) (Advocacy Assistance for armed forces custody hearings), substitute the following table—

7

In paragraph 3—

• (a) in sub-paragraph (4), for “£1,500” substitute “£1,368.75”; and

• (b) for the table following sub-paragraph (4) (Advocacy Assistance in the magistrates’ court in connection with an application to vary police bail conditions), substitute the following table—

8

In paragraph 4 (Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the virtual court), for the table following sub-paragraph (1) (Advice and Assistance and Advocacy Assistance by a court Duty Solicitor), substitute the following table—

9

In paragraph 4, for the table following sub-paragraph (2) (Advocacy Assistance at the Virtual Court), substitute the following table—

10

In paragraph 5 (Representation in the Magistrates’ Court), for the table following sub-paragraph (1) (Representation in a magistrates’ court), substitute the following table—

11

In paragraph 5, for the table following sub-paragraph (2) (Higher and Lower Standard Fees Table), substitute the following table—

12

In paragraph 6 (Own client work)—

• (a) in Paragraph (2)(a), for “£52.55” substitute “£47.95”;

• (b) in Paragraph (2)(b), for “49.50” substitute “£45.35”;

• (c) in sub-paragraph (3), for “£75” substitute “£68.44”;

• (d) in sub-paragraph (4) for “£25” substitute “£22.81”; and

• (e) for the table following sub-paragraph (4) (own client work), substitute the following table—

13

In paragraph 7 (Representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act)—

• (a) in sub-paragraph (1), for “£1,500” substitute “£1,368.75”; and

• (b) for the table following sub-paragraph (1) (representation in Prescribed Proceedings in a Magistrates’ Court), substitute the following table—

14

In paragraph 7, for the table following sub-paragraph (2) (Representation in Prescribed Proceedings in the High Court or a county court), substitute the following table—

15

In paragraph 8 (Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review Commission)—

• (a) in paragraph (a), for “£300” substitute “£273.75”;

• (b) in paragraph (b), for “£500” substitute “£456.25”; and

• (c) for the table following paragraph 8, substitute the following table—

16

In paragraph 9 (Representation on an appeal by way of case stated), for the table following sub-paragraph (1) (Representation on an appeal by way of case stated in the High Court), substitute the following table.

17

In paragraph 10 (Representation in the Crown Court on an appeal from a magistrates’ court in proceedings prescribed as criminal proceedings under section 14(h) of the Act)—

• (a) for “£1,500”, substitute “£1,368.75”; and

• (b) for the table following paragraph 10, substitute the following table—

18

In paragraph 11 (Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases)—

• (a) in sub-paragraph (1), for—

• (i) “£220” substitute “£200.75”;

• (ii) “£660” substitute “£602.25”; and

• (b) for the table following sub-paragraph (2) (Hourly rates for determining whether Escape Fee Threshold reached), substitute the following table—

19

In paragraph 11, for the tables following sub-paragraph (3) (Hourly rates in Disciplinary Cases for determining application of Standard Fees and Higher and Lower Standard Fees Table for Disciplinary Cases), substitute the following tables—

20

In paragraph 11, for the tables following sub-paragraph (4) (Hourly rates in Parole Board Cases for determining application of Standard Fees and Higher and Lower Standard Fees Table for Parole Board Cases), substitute the following tables—

21

In paragraph 12 (Payment for Assigned Counsel), for the table following sub-paragraph (2) (Payment for Assigned Counsel), substitute the following table—

Signed

Signed by authority of the Lord Chancellor

Shailesh Vara — Parliamentary Under Secretary of State — Ministry of Justice — 26th February 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) (“the 2013 Regulations”), which make provision for the remuneration of advice, assistance and representation made available under sections 13, 15 and 16 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”).

Regulation 2(2) and Schedule 1 amend the 2013 Regulations in relation to remuneration relating to the litigators’ graduated fee scheme, the funding scheme for litigators in the Crown Court.

Regulation 2(3) and Schedule 2 amend the 2013 Regulations in relation to remuneration relating to proceedings in the Court of Appeal.

Regulation 2(4) and Schedule 3 amend the 2013 Regulations in relation to remuneration relating to fees for certain categories of work to which the Standard Crime Contract applies.

The Regulations apply to matters in which a determination under section 13, 15 or 16 of the Act is made on or after 20th March 2014.

A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector was produced with the Government’s response to the Transforming Legal Aid: Next Stepsconsultation, published on 27th February 2014, and is available at https://consult.justice.gov.uk/.

Footnotes

[^f00001]: Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “Regulations” means Regulations made by the Lord Chancellor.

[^f00002]: 2012 c. 10.

[^f00003]: S.I. 2013/435, amended by S.I. 2013/2803.