The Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989

Determination of remuneration

5.—(1) The determining officer may allow work done in the following classes:

(a) availability during duty period;

(b) advice and assistance given to a person arrested and held in custody or being interviewed in connection with a serious service offence or to a volunteer;

(c) travelling and waiting;

(d) advising and assisting over the telephone;

(e) routine telephone calls.

(2) The determining officer shall consider the claim, any further particulars, information or documents submitted by the solicitor under regulation 4 and any other relevant information, and allow:

(a) such work as appears to him to have been actually and reasonably done by a duty solicitor or an own solicitor, classifying it according to the classes specified in paragraph (1); and

(b) such time in respect of each class of work allowed by him (other than advising over the telephone and dealing with routine telephone calls) as he considers reasonable.

(3) Subject to paragraph (5), the determining officer shall allow fees for the work allowed by him under this regulation in accordance with the Schedule.

(4) Subject to paragraph (5), the determining officer may allow a reasonable sum in respect of:

(a) hotel expenses actually and reasonably incurred by a duty solicitor where attendance in accordance with a rota is allowed under paragraph (1)(a);

(b) travelling expenses actually and reasonably incurred by a duty solicitor or an own solicitor where travelling and waiting is allowed under paragraph (1)(c);

(c) any disbursement actually and reasonably incurred by a duty solicitor or an own solicitor.

(5) Subject to paragraph (6) the fees allowed under the Schedule, except any fee allowed in respect of work done under paragraph (1)(a), together with any expenses allowed under paragraph (4)(b) and (c), shall not exceed the limit prescribed by regulation 4(1)(a) of the Legal Advice and Assistance Regulations 1989(1).

(6) Paragraph (5) shall not apply to fees for advice or assistance which the determining officer is satisfied was required in the interests of justice be given as a matter of urgency.

(1)

S.I. 1989/340.