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The Criminal Legal Aid (Remuneration) Regulations 2013

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Point in time view as at 23/12/2022.

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PART 5E+WFixed Fees

General provisionsE+W

14.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Except as provided under this Part, remuneration for all work undertaken by a litigator in a case to which Part 2 applies is included within the fee set out in Part 2 of this Schedule as appropriate to—

(a)the offence for which the assisted person is charged or tried;

(b)whether the case is a cracked trial, guilty plea or trial; and

(c)the number of pages of prosecution evidence.

Textual Amendments

Fees for appeals and committals for sentence hearingsE+W

15.  The fee payable to a litigator instructed in—

(a)an appeal against conviction from a magistrates' court;

(b)an appeal against sentence from a magistrates' court; or

(c)a sentencing hearing following a committal for sentence to the Crown Court,

is that set out in the table following paragraph 19.

Fees for hearing subsequent to sentenceE+W

16.—(1) The fee payable to a litigator instructed in relation to a hearing under an enactment listed in sub-paragraph (2) is that set out in the table following paragraph 19.

(2) The enactments are—

(a)section 1CA of the Crime and Disorder Act 1998 M1 (variation and discharge of orders under section 1C);

(b)[F2section 385 of the Sentencing Code] (alteration of Crown Court sentence);

(c)[F3section 387 or 388 of the Sentencing Code] (assistance by defendant: review of sentence).

Textual Amendments

F2Words in Sch. 2 para. 16(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 415(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F3Words in Sch. 2 para. 16(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 415(3)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Marginal Citations

M11998 c. 37. Section 1CA was inserted by section 140 of the Serious Organised Crime and Police Act 2005 (c. 15).

Fees for contempt proceedingsE+W

17.—(1) This paragraph applies to proceedings referred to in section 14(g) of the Act in the Crown Court.

(2) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by a person other than a defendant in a case to which this Schedule applies, remuneration for litigators must be at the rate set out in the table following paragraph 19.

(3) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by the defendant in a case to which this Schedule applies, all work undertaken by the litigator is included within—

(a)the fee payable under Part 2 of this Schedule, or

(b)in proceedings under paragraph 15 or paragraph 18, the fixed fee set out in the table following paragraph 19.

Fees for alleged breaches of a Crown Court orderE+W

18.—(1) This paragraph applies to proceedings in the Crown Court against one assisted person arising out of a single alleged breach of an order of the Crown Court.

(2) The fee payable to the litigator in respect of the proceedings to which this paragraph applies is that set out in the table following paragraph 19.

Fixed FeesE+W

19.  The table following this paragraph sets out the fixed fees payable in relation to the category of work specified in the first column of the table.

[F4Fixed Fees
Types of proceedingsParagraph providing for feeFee payable – (£ per proceedings)
Appeal against sentence from a magistrates’ court15178.62
Appeal against conviction from a magistrates’ court15401.89
Committal for sentence15267.93
Hearing subsequent to sentence16178.62
Contempt proceedings (where contempt is alleged to have been committed by a person other than the defendant)17(2)133.96
Alleged breach of a Crown Court Order18(2)89.31]

Textual Amendments

Fees for special preparationE+W

20.—(1) This paragraph applies in any case on indictment in the Crown Court—

(a)where a documentary or pictorial exhibit is served by the prosecution in electronic form and—

(i)the exhibit has never existed in paper form; and

(ii)the appropriate officer does not consider it appropriate to include the exhibit in the pages of prosecution evidence; or

(b)in respect of which a fee is payable under Part 2 (other than paragraph 7), where the number of pages of prosecution evidence, as so defined, exceeds [F56,000],

and the appropriate officer considers it reasonable to make a payment in excess of the fee payable under Part 2.

(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the fee payable under Part 2.

(3) The amount of the special preparation fee must be calculated from the number of hours which the appropriate officer considers reasonable—

(a)where sub-paragraph (1)(a) applies, to view the prosecution evidence; and

(b)where sub-paragraph (1)(b) applies, to read the excess pages,

and in each case using the rates specified in the table following paragraph 27.

(4) A litigator claiming a special preparation fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(5) In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case.

Textual Amendments

F5Word in Sch. 2 para. 20(1)(b) substituted (1.12.2017) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2017 (S.I. 2017/1019), regs. 1, 2(5) (with reg. 3)

[F6Fees for consideration of unused materialE+W

20A.—(1) This paragraph applies in respect of any case on indictment in the Crown Court, in respect of which a graduated fee is payable under Part 2, other than a guilty plea.

[F7(2) In any case to which this paragraph applies, a fee (“the basic consideration fee”) is payable to a litigator in respect of the consideration of unused material whether or not such consideration has actually occurred.]

F8...
F8. . .F8. . .F8. . .
F8. . .F8. . .F8. . .
F8. . .F8. . .F8. . .

[F9(2A) The basic consideration fee in sub-paragraph (2) is [F10£74.38].]

(3) This sub-paragraph applies where—

(a)a litigator has undertaken the consideration of unused material; and

(b)the litigator has spent in excess of three hours undertaking that consideration.

(4) In a case where sub-paragraph (3) applies—

(a)a fee (“the additional fee”) is payable to the litigator in addition to the basic consideration fee; and

(b)the amount of the additional fee corresponds to the grade of fee earner concerned specified in the table following paragraph 27.

(5) The additional fee is payable only where the appropriate officer considers it reasonable to make such a payment.

(6) A litigator claiming the additional fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(7) In determining whether it is reasonable to pay the additional fee, the appropriate officer must take into account—

(a)the reasonableness of the hours claimed in respect of the case taken as a whole; and

(b)the reasonableness of the hours claimed in respect of the consideration of the unused material.]

Textual Amendments

F8 Sch. 2 para. 20A table omitted (19.2.2021) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2021 (S.I. 2021/80), regs. 1, 2(3)(b) (with reg. 3)

Discontinuance or dismissal of F11... proceedingsE+W

21.—[F12(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 M2 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 [F131998] F14... 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.

F15(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where, at [F16or 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

Marginal Citations

Defendant upliftsE+W

22.—F17(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The defendant uplift must be calculated in accordance with the table following this paragraph.

(3) In the table following this paragraph, the total fee means—

(a)the fee specified in sub-paragraph (2) of paragraph 21 where that sub-paragraph applies;

(b)the basic fee (B) specified in the table following paragraph 6, or, where appropriate, the initial fee specified in paragraph 8, where paragraph 21(3), (4) or (5) applies, as appropriate for the circumstances set out in that sub-paragraph; or

F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F19...

Defendant uplifts
Total number of defendants represented by litigatorPercentage uplift to total fee
2-420%
5+30%

Textual Amendments

Warrant for arrestE+W

23.—(1) This paragraph applies where—

(a)the assisted person fails to attend a hearing;

(b)at that hearing the court issues a warrant for the arrest of the assisted person, pursuant to section 7(1) of the Bail Act 1976 M3 (“the warrant”); and

(c)the case does not proceed in the absence of the assisted person.

(2) Where in a case on indictment the warrant is not executed within three months of the date on which it was issued, the fee payable to the litigator is—

(a)where the warrant is issued at or before [F20the first hearing at which the assisted person enters a plea], the fee payable for a guilty plea in accordance with paragraph 6 or where appropriate paragraph 8;

(b)where the warrant is issued after [F20the first hearing at which the assisted person enters a plea] but before the trial, the fee payable for a cracked trial in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate to the Class of Offence with which the assisted person is charged; and

(c)where the warrant is issued during the trial, and the trial is aborted as a result, the fee payable for a trial as if the trial had ended on the day the warrant was issued.

(3) Where the warrant is issued during the course of proceedings referred to in paragraph 15 or 18 the fee payable to the litigator is the fee set out in the table following paragraph 19, as appropriate to the type of proceedings.

(4) Sub-paragraph (5) applies where—

(a)a fee has been paid, or is payable, to the litigator in accordance with sub-paragraph (2);

(b)the warrant is executed within 15 months of the date on which it was issued;

(c)the case proceeds after the warrant has been executed; and

(d)the litigator submits a claim for fees for the determination of the litigator's overall remuneration in the case, in accordance with regulation 5.

(5) Where this sub-paragraph applies—

(a)the appropriate officer must deduct the amount paid or payable in accordance with sub-paragraph (2) from the amount payable to the litigator on the final determination of fees in the case; and

(b)if the fee paid or payable in accordance with sub-paragraph (2) is greater than the amount payable to the litigator on the final determination of fees in the case, the appropriate officer may recover the amount of the difference by way of repayment by the litigator.

Textual Amendments

Marginal Citations

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