The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014

Regulation 2(3)

SCHEDULE

“Interim payment of litigators’ fees

17A.— (1) A litigator may make a claim to the appropriate officer for an interim payment of the litigator’s fees, in relation to proceedings in the Crown Court, in accordance with this regulation.

(2) Subject to paragraphs (3) to (6), a litigator may make a claim for an interim payment under this regulation in relation to one or more of the following stages in the proceedings—

(a) after a plea and case management hearing at which directions for trial are given;

(b) where representation is transferred to the litigator following the ordering of a retrial, after the date for the retrial has been set; and

(c) after commencement of a trial which is listed for 10 days or more.

(3) A litigator may not make a claim for an interim payment under paragraph (2)(a) or (b) in relation to a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(4) Subject to paragraphs (5) and (6), a litigator may make only one claim in relation to each of the stages in the proceedings set out in paragraph (2).

(5) A litigator may not make a claim for an interim payment under paragraph (2)(a) or (b) at the same time as, or after, that litigator has made a claim for an interim payment under paragraph (2)(c).

(6) A litigator may not make a claim for an interim payment under paragraph (2)(c) if the trial in question is a retrial and the litigator was the litigator for the first or a previous trial.

(7) A litigator may not make a claim for an interim payment at the same time as, or after, that litigator has made a claim under regulation 5.

(8) A litigator must make a claim for an interim payment to the appropriate officer in such form and manner as the appropriate officer may direct.

(9) A litigator must supply such information and documents as the appropriate officer may require to determine the claim for interim payment.

(10) Where a claim for an interim payment is made in accordance with this regulation, the appropriate officer must authorise payment.

(11) Where the claim is made under paragraph (2)(a) the amount of the interim payment is the sum of—

(a) the fee which, on a final determination of fees, would be paid to the litigator if paragraph 13 of Schedule 2 and the scenario “Before trial transfer (original litigator)” set out in the table following that paragraph applied; and

(b) any additional payments which, on a final determination of fees, would be paid to the litigator under paragraph 12 of Schedule 2.

(12) Where the claim is made under paragraph (2)(b), the amount of the interim payment is the sum of—

(a) the fee which, on a final determination of fees, would be paid to the litigator under paragraph 13 of Schedule 2 and the scenario “Transfer before cracked retrial (new litigator)” set out in the table following that paragraph; and

(b) any additional payments which, on a final determination of fees, would be paid to the litigator under paragraph 12 of Schedule 2.

(13) Where the claim is made under paragraph (2)(c), the amount of the interim payment is—

(a) the sum of—

(i) the fee determined in accordance with paragraph (14) on the basis that the trial length is one day; and

(ii) any additional payments which, on a final determination of fees, must be paid to the litigator under paragraph 12 of Schedule 2;

(b) less any amount paid to the litigator, in the proceedings in question, for a claim under paragraph (2)(a) or (b).

(14) The fee referred to in paragraph (13)(a)(i) is—

(a) where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(2) of Schedule 2, the basic fee specified in the table following paragraph 7(2) of that Schedule;

(b) where the pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(2) of Schedule 2, the final fee as calculated in accordance with paragraph 9(2) of that Schedule.

(15) For purposes of paragraphs (11) to (14)—

(a) the number of defendants;

(b) the number of pages of prosecution evidence served on the court; and

(c) the offence with which the assisted person is charged

are determined as at the date of the claim for the interim payment.

(16) Where a litigator has received a hardship payment under regulation 21, the amount of that hardship payment must be deducted from any interim payment payable to that litigator under this regulation.

(17) Where a litigator has already received one or more interim payments under this regulation, the amount to be deducted under paragraph (16) excludes any hardship payment already deducted from any earlier interim payment.

(18) Regulations 28 to 30 do not apply to a payment under this regulation.

(19) In this regulation, “PPE Cutoff” has the meaning given in Schedule 2.”