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 committed or sent for trial to the Crown Court

12. 11. Proceedings for contempt

13. 12. Notification of Very High Cost Cases

14. 13. Authorisation of expenditure

15. 14. Interim payment of disbursements

16. 15. Interim disbursements and final determination of fees

17. 16. Expert services

18. 17. Determination of litigators’ disbursements

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

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

21. 20. Staged payments in long Crown Court proceedings

22. 21. Hardship payments

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

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

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

26. 25. Recovery of overpayments

27. 26. Adverse observations

28. 27. Wasted costs orders

29. 28. Redetermination of fees by appropriate officer

30. 29. Appeals to a Costs Judge

31. 30. Appeals to the High Court

32. 31. Time limits

33. Signature

34. 1. SCHEDULE 1

       Advocates’ 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 Trial

          1. 4. Calculation of Graduated Fees

          2. 5. Table of fees

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

          1. 6. Scope of Part 3

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

          3. 8. Tables of fees

       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 plea and case management hearings and 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. 18. Fees for wasted preparation

          9. 19. Fees for conferences and views

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

          11. 21. Fees for contempt proceedings

          12. 22. Discontinuance or dismissal of sent or transferred proceedings

          13. 23. Noting brief fees

          14. 24. Fixed fees

       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

          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. 21. Discontinuance or dismissal of sent or transferred proceedings

          9. 22. Defendant uplifts

          10. 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

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

       5. 5. Representation in the Magistrates’ Court

       6. 6. Own client work

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

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

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

       10. 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

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

       12. 12. Payment for Assigned Counsel

    5. SCHEDULE 5

       Experts’ Fees and Rates

35. Explanatory Note