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The Criminal Legal Aid (Remuneration) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 435
- SCHEDULE 2
- PART 5
- Paragraph 20A
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[F1Fees for consideration of unused materialE+W
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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.
[F2(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.]
[F4(2A) The basic consideration fee in sub-paragraph (2) is [F5£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
F1Sch. 2 para. 20A inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 5(3) (with reg. 7)
F2Sch. 2 para. 20A(2) substituted (19.2.2021) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2021 (S.I. 2021/80), regs. 1, 2(3)(a) (with reg. 3)
F3 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)
F4Sch. 2 para. 20A(2A) inserted (19.2.2021) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2021 (S.I. 2021/80), regs. 1, 2(3)(c) (with reg. 3)
F5Sum in Sch. 2 para. 20A(2A) substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 15 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1))
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