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The Criminal Legal Aid (Remuneration) Regulations 2013

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Representation in the Magistrates' CourtE+W

This section has no associated Explanatory Memorandum

5.—[F1(A1) This paragraph does not apply where paragraph 5A [F2or paragraph 5B] applies.]

(1) The fixed amounts and hourly rates [F3for representation in a magistrates’ court F4...] for—

(a)recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and

(b)claiming costs in cases which fall outside the Standard Fee payment scheme,

are specified in the table following this sub-paragraph.

[F5Representation in a magistrates’ court

All Areas
Routine letters written and telephone calls per item£4.09
Preparation hourly rate£52.15
Advocacy hourly rate (including applications for bail and other applications to the court)£65.42
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)£35.68
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply)£27.60]

(2) The table following this sub-paragraph sets out the fees and fee limits for the Standard Fee payment scheme for representation in a magistrates' court [F6(except where paragraph 5A [F7or paragraph 5B] applies)].

[F8Higher and Lower Standard Fees Table

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A286.02313.19542.58542.63
Category 1B232.53313.19500.99542.63
Category 2397.14538.02831.85896.59
Undesignated Area Standard Fees
Category 1A223.88313.19474.15542.63
Category 1B182.01313.19437.81542.63
Category 2321.37538.02737.08896.59]

(3) In the table following sub-paragraph (2)—

(a)the reference to “Category 1A” cases is a reference to the following proceedings [F9other than proceedings referred to in paragraph (c)]—

(i)either way guilty pleas [F10(other than in proceedings referred to in paragraph (b)(vii))];

[F11(ia)guilty pleas in proceedings for low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting);]

F12(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)proceedings F13...relating to either way offences [F14(other than proceedings referred to in paragraph (b)(vii))] [F15or proceedings referred to in sub-paragraph (ia)] which are discontinued or withdrawn or where the prosecution offer no evidence; F16...

(iv)proceedings F13... relating to either way offences [F17(other than proceedings referred to in paragraph (b)(vii))] [F18or proceedings referred to in sub-paragraph (ia)] which result in a bind over; [F19and]

[F20(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to—

(aa)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(bb)low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence);]

(b)the reference to “Category 1B” cases is a reference to the following proceedings [F21(other than proceedings referred to in paragraph (a)(ia) [F22or paragraph (c)])]—

(i)summary only guilty pleas;

(ii)uncontested proceedings arising out of a breach of an order of a magistrates' courts (including proceedings in a magistrates' court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(iii)proceedings F23... relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv)proceedings F23... relating to summary offences which result in a bind over;

(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under [F24Chapter 1 of Part 2 of the Sentencing [F25Code relating to summary offences (other than low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence))]];

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 M1, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; F26...

(vii)proceedings relating to either way offences which must be tried in a magistrates' court in accordance with section 22 of the Magistrates' Courts Act 1980 M2;

(c)the reference to “Category 2” cases is a reference to—

(i)contested trials;

(ii)proceedings which were listed and fully prepared for trial in a magistrates' court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii)proceedings which were listed and fully prepared for trial in a magistrates' court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv)contested proceedings relating to a breach of an order of a magistrates' court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(v)proceedings where mixed pleas are entered; and

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

F27(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The fees payable to Assigned Counsel for representation in a magistrates' court are subject to the limits specified in the table following paragraph 12.

F28(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29(6) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is [F30£208.61].]

Textual Amendments

F11Sch. 4 para. 5(3)(a)(ia) inserted (with application in accordance with reg. 4(3) of the amending S.I.) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(i)

F13Words in Sch. 4 para. 5(3)(a)(iii)(iv) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(13)(b)(i) (with reg. 10(1))

F23Words in Sch. 4 para. 5(3)(b)(iii)(iv) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(13)(b)(i) (with reg. 10(1))

F24Words in Sch. 4 para. 5(3)(b)(v) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 416 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

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