The Criminal Legal Aid (Remuneration) Regulations 2013

1. Introductory Text

2. 1. Citation and commencement

3. 2. Interpretation

4. 3. Scope

5. 4. Claims for fees by advocates – Crown Court

6. 5. Claims for fees and disbursements by litigators – Crown Court

7. 6. Proceedings in the Court of Appeal

8. 7. Proceedings in the Supreme Court

9. 8. Claims for fees for certain categories of work to which the Standard Crime Contract applies

10. 9. Payments from other sources

11. 10. Cases ...sent for trial to the Crown Court

12. 11. Proceedings for contempt

13. 12. Notification of Very High Cost Cases

14. 12A. Fees in Very High Cost Cases

15. 13. Authorisation of expenditure

16. 14. Interim payment of disbursements

17. 15. Interim disbursements and final determination of fees

18. 16. Expert services

19. 17. Determination of litigators' disbursements

20. 17A. Interim payment of litigators’ fees

21. 18. Interim payments in cases awaiting determination of fees

22. 19. Amount of interim payments in cases awaiting determination of fees

23. 20. Staged payments in long Crown Court proceedings

24. 21. Hardship payments

25. 22. Computation of final claim where an interim payment has been made

26. 23. Payment of fees to advocates – Crown Court

27. 24. Payment of fees to litigators – Crown Court

28. 25. Recovery of overpayments

29. 26. Adverse observations

30. 27. Wasted costs orders

31. 28. Redetermination of fees by appropriate officer

32. 29. Appeals to a Costs Judge

33. 30. Appeals to the High Court

34. 31. Time limits

35. Signature

36. 1. SCHEDULE 1

       Advocates' Graduated Fee Scheme

       1. PART 1 Definitions and Scope

          1. 1. Interpretation

          2. 2. Application

          3. 3. Bands of Offences

       2. PART 2 Graduated Fees for Trial

          1. 4. Calculation of Graduated Fees

          2. 5. Basic fees

          3. 5A. Daily attendance fees

       3. PART 3 Graduated Fees for Guilty Pleas and Cracked Trials

          1. 6. Scope of Part 3

          2. 7. Calculation of fees in guilty pleas and cracked trials

          3. 8. Basic fees for guilty pleas and cracked trials

       4. PART 4 Fixed Fee for Guilty Pleas and Cracked Trials

          1. 9. Scope of Part 4

          2. 10. Fixed fee for guilty pleas or cracked trials

       5. PART 5 Fixed Fees

          1. 11. General provisions

          2. 12. Fees for ...standard appearances

          3. 13. Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearings

          4. 14. Fees for confiscation hearings

          5. 15. Fees for sentencing hearings

          6. 16. Fees for ineffective trials

          7. 17. Fees for special preparation

          8. 17A. Fees for consideration of unused material

          9. 18. Fees for wasted preparation

          10. 19. Fees for conferences and views

          11. 19A. Fees for further case management hearings and plea and trial preparation hearings

          12. 20. Fees for appeals, committals for sentence and breach hearings

          13. 21. Fees for contempt proceedings

          14. 22. Discontinuance or dismissal of ... proceedings

          15. 23. Noting brief fees

          16. 24. Fixed fees

          17. 24A. Warrant for arrest

       6. PART 6 Miscellaneous

          1. 25. Identity of instructed advocate

          2. 26. Payment of fees to instructed advocate

          3. 27. Additional charges and additional cases

          4. 28. Multiple advocates

          5. 29. Non-local appearances

          6. 30. Trials lasting over 40 days

          7. 31. Assisted person unfit to plead or stand trial

          8. 32. Cross examination of witness

          9. 33. Provision of written or oral advice

          10. 34. Mitigation of sentence

       7. PART 7 Table of Offences

    2. SCHEDULE 2

       Litigators' Graduated Fee Scheme

       1. PART 1 Definitions and Scope

          1. 1. Interpretation

          2. 2. Application

          3. 3. Class of Offences

       2. PART 2 Graduated Fees for Guilty Pleas, Cracked Trials and Trials

          1. 4. Scope

          2. 5. Pages of Prosecution Evidence

          3. 6. Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off

          4. 7. Trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off

          5. 8. Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-off

          6. 9. Trials where the number of pages of prosecution evidence exceeds the PPE Cut-off

       3. PART 3 Fixed Fee for Guilty Pleas and Cracked Trials in Elected Cases

          1. 10. Scope of Part 3

          2. 11. Fixed fee for guilty pleas or cracked trials

       4. PART 4 Defendant Uplifts, Retrials and Transfers

          1. 12. Defendant uplifts

          2. 13. Retrials and Transfers

       5. PART 5 Fixed Fees

          1. 14. General provisions

          2. 15. Fees for appeals and committals for sentence hearings

          3. 16. Fees for hearing subsequent to sentence

          4. 17. Fees for contempt proceedings

          5. 18. Fees for alleged breaches of a Crown Court order

          6. 19. Fixed Fees

          7. 20. Fees for special preparation

          8. 20A. Fees for consideration of unused material

          9. 21. Discontinuance or dismissal of ... proceedings

          10. 22. Defendant uplifts

          11. 23. Warrant for arrest

       6. PART 6 Miscellaneous

          1. 24. Additional charges

          2. 25. Assisted person unfit to plead or stand trial

          3. 26. Fees for confiscation proceedings

          4. 27. Prescribed fee rates

          5. 28. Allowing fees at less than the prescribed rates

          6. 29. Allowing fees at more than the prescribed rates

       7. PART 7 LGFS Table of Offences

    3. SCHEDULE 3

       Proceedings in the Court of Appeal

       1. 1. General Provisions

       2. 2. Claims for fees and disbursements by litigators

       3. 3. Determination of litigators' fees

       4. 4. Determination of litigators' disbursements

       5. 5. Claims for fees by advocates

       6. 6. Determination of advocates' fees

       7. 7. Litigators' fees for proceedings in the Court of Appeal

       8. 8. Allowance of litigators' fees at more than the prescribed rate

       9. 9. Advocates' fees for proceedings in the Court of Appeal

       10. 10. Payment of fees

       11. 11. Redeterminations and appeals

    4. SCHEDULE 4

       Rates payable for the claims specified in Regulation 8

       1. 1. Interpretation of this Schedule

       2. 2. Work conducted at the Police station: Police Station advice and assistance.

       3. 3. Work conducted outside the Police Station

       4. 3A. Advice and Assistance for Pre-Charge Engagement

       5. 4. Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the virtual court

       6. 5. Representation in the Magistrates' Court

       7. 5A. Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court

       8. 6. Own client work

       9. 7. Representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act

       10. 8. Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review Commission

       11. 9. Representation on an appeal by way of case stated

       12. 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

       13. 11. Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases

       14. 12. Payment for Assigned Counsel

    5. SCHEDULE 5

       Experts' Fees and Rates

    6. SCHEDULE 6

       Fees in Very High Cost Cases

       1. PART 1 Interpretation and Application

          1. 1. Interpretation

          2. 2. Application

          3. 3. Part 3 of this Schedule applies to work done in...

          4. 4. Part 4 of this Schedule applies to work done in...

       2. PART 2

       3. PART 3

       4. PART 4

37. Explanatory Note