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The Criminal Legal Aid (Remuneration) Regulations 2013
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Changes over time for: Paragraph 21
Alternative versions:
- 01/04/2013- Amendment
- 05/10/2015- Amendment
- 30/09/2022- Amendment
- 01/10/2022
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There are currently no known outstanding effects for the The Criminal Legal Aid (Remuneration) Regulations 2013, Paragraph 21.
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Discontinuance or dismissal of F1... proceedingsE+W
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21.—[F2(1) This paragraph applies to proceedings which are sent for trial to the Crown Court.]
(2) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 M1 the litigator must be paid 50% of the basic fee for a guilty plea, as specified in the table following paragraph 6, as appropriate to the offence for which the assisted person is charged.
(3) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the litigator must be paid a fee calculated in accordance with paragraph 6, or, where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.
(4) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act [F31998] F4... and—
(a)the charge, or charges are dismissed and the assisted person is discharged; or
(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,
the litigator instructed in the proceedings must be paid a fee calculated in accordance with paragraph 6, or where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.
F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where, at [F6or before the first hearing at which the assisted person enters a plea]—
(a)the prosecution offers no evidence and the assisted person is discharged; or
(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,
the litigator must be paid a fee calculated in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate for representing an assisted person in a guilty plea.
Textual Amendments
F1Words in Sch. 2 para. 21 heading omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(9)(a) (with reg. 10(1))
F2Sch. 2 para. 21(1) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(9)(b) (with reg. 10(1))
F3Word in Sch. 2 para. 21(4) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(12)(c)(i)
F4Words in Sch. 2 para. 21(4) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(10)(b) (with reg. 10(1))
F5Sch. 2 para. 21(5) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(12)(c)(ii)
F6Words in Sch. 2 para. 21(6) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(12)(c)(iii)
Marginal Citations
M1S.I. 2005/902 as amended by S.I. 2012/1345.
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