The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015

Amendments to the Criminal Remuneration Regulations

5.—(1) The Criminal Remuneration Regulations are amended as follows.

(2) In each of the following omit “committed or”—

(a) the entry for regulation 10 in the Table of Contents;

(b) regulation 5(2) (claims for fees and disbursements by litigators – Crown Court);

(c) the heading of regulation 10;

(d) regulation 10(1) (cases sent for trial at the Crown Court);

(e) regulation 14(1) (interim payment of disbursements);

(f) sub-paragraphs (4)(a) and (7)(a) of paragraph 2 (application) and paragraphs 6(1) (scope of Part 3)(1) and 9(1) (scope of Part 4)(2) of Schedule 1 (advocates’ graduated fee scheme), and

(g) paragraphs 4(1) (scope)(3) and 10(1) (scope of Part 3)(4) of Schedule 2 (litigators’ graduated fee scheme).

(3) In regulations 10(1) and 14(1) omit “or transferred”.

(4) In regulation 17A(2) (interim payment of litigators’ fees)(5), for sub-paragraph (a) substitute—

“(a) after the first hearing at which the assisted person enters a plea of not guilty;”.

(5) In regulation 20(2)(b) (staged payments in long Crown Court proceedings) omit “committal, or” and “or transfer”.

(6) In paragraph 1(1) of Schedules 1 and 2 (interpretation)(6), in the definition of “cracked trial”—

(a) in paragraph (a), for “a plea and case management hearing takes place” substitute “the assisted person enters a plea of not guilty to one or more counts at the first hearing at which he or she enters a plea”;

(b) in sub-paragraph (a)(ii)(aa), for “plea and case management hearing” substitute “first hearing at which he or she entered a plea”;

(c) in sub-paragraph (a)(ii)(bb), for “plea and case management hearing” substitute “first hearing at which the assisted person entered a plea”, and

(d) in paragraph (b), for “plea and case management hearing taking place” substitute “hearing at which the assisted person enters a plea”.

(7) In Schedules 1 and 2, in paragraph 1—

(a) in sub-paragraph (3) omit “committal or”, and

(b) in sub-paragraph (6) for “committal” substitute “sending”.

(8) In each of the following, for “the plea and case management hearing”, wherever it appears, substitute “the first hearing at which the assisted person enters a plea”—

(a) paragraphs 2(11) and 25 (identity of instructed advocate) of Schedule 1, and

(b) paragraphs 2(5) (application) and 23(2) (warrant for arrest)(7) of Schedule 2.

(9) In paragraph 22 of Schedule 1 and paragraph 21 of Schedule 2—

(a) in the heading, omit “sent or transferred”, and

(b) for sub-paragraph (1) substitute—

“(1) This paragraph applies to proceedings which are sent for trial to the Crown Court.”.

(10) In each of the following omit “, section 6 of the Criminal Justice Act 1987(8) or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991(9),”—

(a) paragraph 22(7) of Schedule 1, and

(b) paragraph 21(4) of Schedule 2.

(11) In Schedule 1—

(a) in paragraph 1(1)—

(i) after the definition of “cracked trial” insert—

““excluded hearing” means—

(a)

the first hearing at which the assisted person enters a plea;

(b)

any hearing which forms part of the main hearing, or

(c)

any hearing for which a fee is payable under a provision of this Schedule other than paragraph 12(2);”, and

(ii) in the definition of “standard appearance”—

(aa) for “which do not form part of the main hearing” substitute “unless it is an excluded hearing”;

(bb) in paragraph (a) omit “, except the first plea and case management hearing”;

(cc) after paragraph (b) insert—

“(ba) a pre-trial preparation hearing;

(bb) a case management hearing;”, and

(dd) in paragraph (d), for “a plea and case management hearing, a pre-trial review” substitute “the first hearing at which the assisted person enters a plea”;

(b) in paragraph 2—

(i) omit sub-paragraph (9), and

(ii) for sub-paragraph (10) substitute—

“(10) Where, at any time after proceedings are sent for trial to the Crown Court they are—

(a) 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)(10), or

(b) dismissed pursuant to paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal)(11),

the provisions of paragraph 22 apply.”;

(c) in paragraph 12 (fees for standard appearances)—

(i) in the heading omit “plea and case management hearings and”;

(ii) in sub-paragraph (1)(a)—

(aa) for “plea and case management hearing” substitute “hearing at which the assisted person enters a plea”, and

(bb) omit “or pre-trial review”;

(iii) in sub-paragraph (2) omit “plea and case management hearing or”, and

(iv) omit sub-paragraph (3);

(d) in paragraph 19(3) (fees for conferences and views), for “the plea and case management hearing”, wherever it appears, substitute “the first hearing at which the assisted person entered a plea”;

(e) in paragraph 22 (discontinuance or dismissal of sent proceedings)—

(i) omit sub-paragraph (4);

(ii) in sub-paragraph (5), for “a hearing to which this sub-paragraph applies” substitute “or before the first hearing at which the assisted person enters a plea”, and

(iii) in sub-paragraph (6) omit “, section 6 of the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal),”;

(f) in the table following paragraph 24 (fixed fees) omit the second entry (paper plea and case management), and

(g) in paragraph 25(11)(a)(ii) omit “plea and case management”.

(12) In Schedule 2—

(a) in paragraph 2—

(i) omit sub-paragraph (2), and

(ii) for sub-paragraph (3) substitute—

“(3) Where, at any time after proceedings are sent for trial to the Crown Court they are—

(a) 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), or

(b) dismissed pursuant to paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal),

the provisions of paragraphs 21 and 22 apply.”;

(b) in the table following paragraph 13 (retrials and transfers)(12) for “Up to and including plea and case management hearing transfer”, wherever it appears, substitute “Transfer at or before the first hearing at which the assisted person enters a plea”, and

(c) in paragraph 21 (discontinuance or dismissal of sent proceedings)(13)—

(i) in sub-paragraph (4), for “1988” substitute “1998”;

(ii) omit sub-paragraph (5), and

(iii) in sub-paragraph (6), for “a hearing to which this paragraph applies” substitute “or before the first hearing at which the assisted person enters a plea”.

(13) In paragraph 5 (representation in the magistrates’ court) of Schedule 4 (rates payable for the claims specified in Regulation 8)(14)—

(a) in the table following sub-paragraph (2) omit each of the entries for “Category 3”;

(b) in sub-paragraph (3)—

(i) in paragraphs (a)(iii) and (iv) and (b)(iii) and (iv), omit “(other than committal proceedings)”;

(ii) at the end of paragraph (c)(vi), omit “and”, and

(iii) omit paragraph (d), and

(c) omit sub-paragraph (5).

(1)

Substituted by S.I. 2014/2422.

(2)

Substituted by S.I. 2014/2422.

(3)

Substituted by S.I. 2014/2422 and amended by Part 3 of S.I. 2015/1369, coming into force 11th January 2016.

(4)

Substituted by S.I. 2014/2422.

(5)

Inserted by S.I. 2014/2422 and amended by Part 3 of S.I. 2015/1369, coming into force 11th January 2016.

(6)

Paragraph 1(1) of Schedule 1 was amended by S.I. 2015/882. Paragraph 1(1) of Schedule 2 was amended by Part 3 of S.I. 2015/1369, coming into force 11th January 2016.

(7)

Amended by Part 3 of S.I. 2015/1369, coming into force 11th January 2016.

(8)

1987 c. 38. Repealed by Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), subject to savings specified in article 5 of S.I. 2012/1320 and articles 3 and 4 of S.I. 2012/2574 and 2013/1103.

(9)

1991 c. 53. Repealed by Part 4 of Schedule 37 to the Criminal Justice Act 2003, subject to savings specified in article 5 of S.I. 2012/1320 and articles 3 and 4 of S.I. 2012/2574 and 2013/1103.

(10)

1985 c. 23. Section 23A was inserted by paragraph 64 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37) and amended by paragraph 57(7)(b) of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003.

(11)

1998 c. 37. Amended by paragraph 20(3)(a)(i) and (ii) of Schedule 3, paragraph 73 of Part 4 of Schedule 36 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 and S.I. 2004/2035.

(12)

Amended by Part 3 of S.I. 2015/1369, coming into force 11th January 2016.

(13)

Amended by Part 3 of S.I. 2015/1369, coming into force 11th January 2016.

(14)

Amended by S.I. 2014/415, 2015/325 and 2015/1369, Part 3 of which comes into force 11th January 2016.