The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 2) Regulations 1998

Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

3.  Paragraph 2 of Part III of Schedule 1 to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989(1) shall be amended as follows:–

(a) in sub-paragraph (2) the words from “(which” to “Crown Court)” shall be omitted, and for “the proceedings specified” there shall be substituted “those specified”;

(b) after sub-paragraph (7) there shall be inserted the following:–

“(8) For the purposes of this Part of this Schedule, any proceedings specified in sub-paragraph (2) (“the specified proceedings”) shall be treated as including all ancillary proceedings in respect of which a legal aid order is in force, whether or not the order is the same as that in force in respect of the specified proceedings; accordingly, in any case where a standard fee is payable in respect of the specified proceedings–

(a) no separate fee shall be payable in respect of the ancillary proceedings, but

(b) all work done or costs incurred in the ancillary proceedings shall be treated as done or incurred in the specified proceedings.

(9) In sub-paragraph (8), “ancillary proceedings” means:–

(a) proceedings preliminary or incidental to the specified proceedings whether before that or another court, including bail applications made either in a magistrates' court or in the Crown Court;

(b) proceedings arising from bail applications within (a) above, including appeals against the grant or refusal of bail and proceedings for offences under the Bail Act 1976(2);

(c) proceedings for contempt alleged to have been committed in the specified proceedings, other than proceedings in respect of which the assisted person has been granted representation under section 29 of the Act.”.

(1)

S.I. 1989/343, as amended by S.I. 1990/488, 1991/529, 838 and 2037, 1993/934 and 1994/1477, 1825 and 2218.

(2)

1976 c. 63.