2022 No. 1267
The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022
Made
Laid before Parliament
Coming into force
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 2(3), 41(1)(a) and (b), (2)(a) and (b) and (3)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.
Citation, commencement and extent1
1
These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022 and come into force on 23rd December 2022.
2
These Regulations extend to England and Wales.
Interpretation2
In these Regulations—
“the Remuneration Regulations” means the Criminal Legal Aid (Remuneration) Regulations 20132;
“the 2022 Regulations” means the Criminal Legal Aid (Remuneration) (Amendment) Regulations 20223;
“Condition A” is where a relevant determination is made on or after 31st December 2018 but before 17th September 2020 and where the main hearing takes place on or after 23rd December 2022;
“Condition B” is where a relevant determination is made on or after 1st April 2016 but before 1st April 2018 and where the main hearing takes place on or after 23rd December 2022;
“Condition C” is where a relevant determination is made on or after 1st April 2018 but before 17th September 2020 and where the main hearing takes place on or after 23rd December 2022;
“Relevant Version 1” means Schedule 1 to the Remuneration Regulations as it had effect immediately after the Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 20184 came into force;
“Relevant Version 2” means Schedule 2 to the Remuneration Regulations as it had effect immediately after the Criminal Legal Aid (Remuneration) (Amendment) Regulations 20165 came into force;
“Relevant Version 3” means Schedule 2 to the Remuneration Regulations as it had effect immediately after the Criminal Legal Aid (Remuneration) (Amendment) Regulations 20186 came into force;
“relevant determination” means a determination made under section 13 (advice and assistance for individuals in custody), section 15 (advice and assistance for criminal proceedings) or section 16 (representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“main hearing” has the meaning given in paragraph 2(1) of the Remuneration Regulations.
Amendments in respect of the Advocates’ Graduated Fee Scheme3
1
In respect of a relevant determination falling under Condition A—
a
the amendments to Schedule 1 to the Remuneration Regulations as set out in the 2022 Regulations; and
b
the amendments to Schedule 1 to the Remuneration Regulations made by the Schedule to these Regulations;
apply to Relevant Version 1, subject to paragraph (2).
2
For the purposes of paragraph (1), the amendments to Schedule 1 to the Remuneration Regulations made by paragraphs 5 and 9 of Schedule 1 to the 2022 Regulations do not apply.
Amendments to Relevant Version 2 in respect of the Litigators’ Graduated Fee Scheme4
1
In respect of a relevant determination falling under Condition B, the amendments to Schedule 2 to the Remuneration Regulations as set out in the 2022 Regulations apply to Relevant Version 2, subject to paragraph (2).
2
For the purpose of paragraph (1), the amendments to Schedule 2 to the Remuneration Regulations made by paragraph 15 of Schedule 2 to the 2022 Regulations do not apply.
Amendments to Relevant Version 3 in respect of the Litigators’ Graduated Fee Scheme5
1
In respect of a relevant determination falling under Condition C, the amendments to Schedule 2 to the Remuneration Regulations as set out in the 2022 Regulations apply to Relevant Version 3, subject to paragraph (2).
2
For the purpose of paragraph (1), the amendments to Schedule 2 to the Remuneration Regulations made by paragraph 15 of Schedule 2 to the 2022 Regulations do not apply.
SCHEDULE
1
In Schedule 1 to the Remuneration Regulations, following paragraph 8, for Tables A and B substitute—
Table ABasic fees where there is a guilty plea or where the trial cracks in the first third or the second third
(1) Band of offence
Amount of basic fee per category of trial advocate
(2) Junior Alone or Led Junior
(3) Leading Junior
(4) Queen’s Counsel
1.1
£4,939
£7,406
£9,873
1.2
£2,473
£3,703
£4,939
1.3
£1,484
£2,220
£2,961
1.4
£1,236
£1,852
£2,467
2.1
£4,939
£7,406
£9,873
2.2
£1,484
£2,220
£2,961
3.1
£2,036
£3,048
£4,065
3.2
£1,162
£1,742
£2,323
3.3
£690
£1,035
£1,380
3.4
£489
£736
£978
3.5
£431
£650
£863
4.1
£1,162
£1,742
£2,323
4.2
£903
£1,351
£1,800
4.3
£874
£1,305
£1,742
5.1
£1,093
£1,639
£2,185
5.2
£817
£1,219
£1,627
5.3
£581
£874
£1,162
6.1
£4,882
£7,320
£9,758
6.2
£4,428
£6,641
£8,855
6.3
£1,645
£2,461
£3,283
6.4
£581
£874
£1,162
6.5
£466
£702
£932
7.1
£817
£1,219
£1,627
7.2
£466
£702
£932
7.3
£437
£656
£874
8.1
£696
£1,047
£1,392
9.1
£3,370
£5,054
£6,739
9.2
£2,323
£3,485
£4,646
9.3
£1,742
£2,616
£3,485
9.4
£1,524
£2,289
£3,048
9.5
£932
£1,392
£1,857
9.6
£696
£1,047
£1,392
9.7
£466
£702
£932
10.1
£1,277
£1,915
£2,553
11.1
£805
£1,208
£1,610
11.2
£460
£690
£920
12.1
£1,219
£1,829
£2,438
12.2
£759
£1,133
£1,512
12.3
£523
£788
£1,047
13.1
£1,035
£1,553
£2,070
14.1
£1,340
£2,007
£2,674
15.1
£932
£1,392
£1,857
15.2
£805
£1,208
£1,610
15.3
£489
£736
£978
16.1
£1,277
£1,915
£2,553
16.2
£932
£1,392
£1,857
16.3
£581
£874
£1,162
17.1
£420
£627
£834
Table BBasic fees where the trial cracks in the final third
(1) Band of offence
(2) Junior Alone or Led Junior
(3) Leading Junior
(4) King’s Counsel
1.1
£8,389
£12,587
£16,784
1.2
£4,198
£6,296
£8,395
1.3
£2,519
£3,778
£5,037
1.4
£2,099
£3,145
£4,192
2.1
£8,389
£12,587
£16,784
2.2
£2,519
£3,778
£5,037
3.1
£3,456
£5,181
£6,912
3.2
£1,972
£2,961
£3,950
3.3
£1,173
£1,760
£2,346
3.4
£834
£1,248
£1,662
3.5
£736
£1,098
£1,466
4.1
£1,972
£2,961
£3,950
4.2
£1,530
£2,294
£3,059
4.3
£1,484
£2,220
£2,961
5.1
£1,857
£2,789
£3,715
5.2
£1,386
£2,076
£2,766
5.3
£989
£1,484
£1,972
6.1
£8,292
£12,443
£16,589
6.2
£7,527
£11,293
£15,054
6.3
£2,789
£4,186
£5,583
6.4
£989
£1,484
£1,972
6.5
£794
£1,190
£1,581
7.1
£1,386
£2,076
£2,766
7.2
£794
£1,190
£1,581
7.3
£742
£1,116
£1,484
8.1
£1,185
£1,777
£2,363
9.1
£5,727
£8,591
£11,454
9.2
£3,950
£5,923
£7,901
9.3
£2,961
£4,445
£5,923
9.4
£2,593
£3,887
£5,181
9.5
£1,581
£2,369
£3,157
9.6
£1,185
£1,777
£2,363
9.7
£794
£1,190
£1,581
10.1
£2,168
£3,255
£4,341
11.1
£1,369
£2,053
£2,737
11.2
£782
£1,173
£1,564
12.1
£2,070
£3,111
£4,146
12.2
£1,288
£1,926
£2,570
12.3
£891
£1,334
£1,777
13.1
£1,760
£2,639
£3,519
14.1
£2,271
£3,410
£4,548
15.1
£1,581
£2,369
£3,157
15.2
£1,369
£2,053
£2,737
15.3
£834
£1,248
£1,662
16.1
£2,168
£3,255
£4,341
16.2
£1,581
£2,369
£3,157
16.3
£989
£1,484
£1,972
17.1
£707
£1,064
£1,420
(This note is not part of the Regulations)