LegalizeThe Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014
| London (£) | National (£) | |
|---|---|---|
| Routine letters out per item | 6.84 | 6.02 |
| Routine telephone calls per item | 3.79 | 3.33 |
| All other preparation work hourly rate | 68.44 (72.54 where Provider’s office is in London) | 60.23 (63.88 where Provider’s office is in London) |
| Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate | 33.76 | 29.66 |
| Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate | 68.44 | 60.23 |
| Travelling and waiting hourly rate | 30.34 | 26.65 |
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—
| London (£) | National (£) | |
|---|---|---|
| Routine letters written and routine telephone calls per item | 3.51 | 3.38 |
| Preparation hourly rate | 45.35 | 42.80 |
| Travel and waiting hourly rate | 24.00 | 24.00 |
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.
| High Court (£) | |
|---|---|
| Routine letters out per item | 6.84 |
| Routine telephone calls per item | 3.79 |
| All other preparation work – hourly rate | 68.44 (72.54 where the Provider’s office is in London) |
| Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate | 33.76 |
| Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate | 68.44 |
| Travelling and waiting hourly rate | 30.34 |
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—
| London (£) | National (£) | |
|---|---|---|
| Routine letters written and telephone calls per item | 3.70 | 3.56 |
| Preparation hourly rate | 47.95 | 45.35 |
| Advocacy hourly rate | 56.89 | 56.89 |
| Travelling and waiting hourly rate | 24.00 | 24.00 |
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—
| All areas (£) | |
|---|---|
| Routine letters written and routine telephone calls per item | 3.38 |
| Preparation hourly rate | 42.80 |
| Travel and waiting hourly rate | 24.00 |
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—
| All areas (£) | |
|---|---|
| Routine letters written and routine telephone calls per item | 3.70 |
| Preparation hourly rate | 51.24 |
| Advocacy hourly rate | 62.28 |
| Travel and waiting hourly rate | 24.00 |
| Lower Standard Fee (£) | Lower Standard Fee Limit (£) |
| --- | --- |
| 203.93 | 357.06 |
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—
| All areas (£) | |
|---|---|
| Routine letters written and routine telephone calls per item | 3.70 |
| Preparation hourly rate | 51.24 |
| Advocacy hourly rate | 62.28 |
| Travel and waiting hourly rate | 24.00 |
| Lower Standard Fee (£) | Lower Standard Fee Limit (£) |
| --- | --- |
| 437.21 | 933.93 |
21
In paragraph 12 (Payment for Assigned Counsel), for the table following sub-paragraph (2) (Payment for Assigned Counsel), substitute the following table—
| Junior Counsel (£) | Queen’s Counsel (£) | |
|---|---|---|
| Basic fee for preparation, including for a pre-trial review and, where appropriate, the first day’s hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation). | maximum amount: 427.00 | maximum amount: 4,056.00 |
| Refresher daily fee (for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation). | maximum amount: 147.00 | maximum amount: 271.01 |
| Subsidiary fees: | Subsidiary fees: | Subsidiary fees: |
| Attendance at consultations, conferences and views not covered by the basic fee or the refresher fee. | 26.69 per hour – minimum amount: 13.25 | 49.73 per hour – minimum amount 25.55 |
| Written work (on evidence, plea, appeal, case stated or other written work). | maximum amount: 46.77 | maximum amount: 95.81 |
| Attendance at pre-trial reviews, applications and other appearances (including bail applications and adjournments for sentence) not covered by the basic fee or the refresher fee. | maximum amount: 85.78 | maximum amount: 187.06 |
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.
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