The Legal Aid in Criminal Proceedings (Costs) Regulations 1988

Determination of counsel’s fees

9.—(1) The appropriate authority shall consider the claim, any further particulars, information or documents submitted by counsel under regulation 8 and any other relevant information and shall allow such work as appears to it to have been actually and reasonably done.

(2) Where the work allowed has been done by junior counsel in the Crown Court, the appropriate authority shall, subject to paragraph (3), allow such of the standard fees specified in Part I of Schedule 2 as may be applicable to that work, unless it appears to the appropriate authority that the standard fee would be inappropriate taking into account all the relevant circumstances of the case, in which case it shall allow fees in accordance with paragraphs (4) and (5).

(3) The appropriate authority may not allow a standard fee in respect of—

(a) committals for trial in which the indictment includes counts in respect of an offence which is classified as a class 1 or 2 offence in accordance with directions given by the Lord Chief Justice under section 75 of the Supreme Court Act 1981(1);

(b) proceedings in any other case—

(i) which lasted more than three days or which at the time of listing were reasonably expected to last more than three days;

(ii) in which the indictment is disposed of by a plea of guilty but which if contested would reasonably have been expected to last more than three days, unless counsel requests that a standard fee be allowed.

(4) The appropriate authority may, except where standard fees are allowed under paragraph (2), allow any of the following classes of fee to counsel in respect of work allowed by it under this regulation—

(a) a basic fee for preparation including preparation for a pre-trial review and, where appropriate, the first day’s hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views and any other preparation;

(b) a refresher fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views and any other preparation;

(c) subsidiary fees for—

(i) attendance at conferences, consultations and views not covered by sub-paragraph (a) or (b);

(ii) written advice on evidence, plea, appeal, case stated or other written work;

(iii) attendance at pre-trial reviews, applications and appearances (including bail applications and adjournments for sentence) not covered by sub-paragraph (a) or (b).

(5) In the case of proceedings in the Crown Court or a magistrates' court, the appropriate authority shall, except where standard fees are allowed under paragraph (2), allow such fees in respect of such work as it considers reasonable in such amounts as it may determine in accordance with Part II of Schedule 2; provided that:

(a) where any work allowed was done after 30th June 1989, the appropriate authority may allow such fees in such amounts as appear to it to be fair remuneration for such work having regard to the amounts specified in Part II of Schedule 2; or

(b) where it appears to the appropriate authority, taking into account all the relevant circumstances of the case, that owing to the exceptional circumstances of the case the amount payable by way of fees in accordance with Part II of Schedule 2 would not provide fair remuneration for some or all of the work it has allowed, it may allow such amount as appears to it to be fair remuneration for the relevant work.

(6) In the case of proceedings in the Court of Appeal, the appropriate authority shall allow such fees in respect of such work as it considers reasonable in such amounts as appear to it to be fair remuneration for such work.

(1)

1981 c. 54