1991 No. 529

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1991

Made

Laid before Parliament

Coming into force

The Lord Chancellor, in exercise of the powers conferred on him by sections 25(2), 34 and 43 of the Legal Aid Act 19881, having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:–

1

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.

2

In these Regulations a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 19892.

3

In regulations 6(3) and 9(5)(a) for the date “30th June 1991” there shall be substituted “30th June 1992”.

4

In regulation 17–

a

for paragraph (1) there shall be substituted the following new paragraph:–

1

Subject to paragraph (2), the time limit within which any act is required or authorised to be done may, for good reason, be extended;–

a

in the case of acts required or authorised to be done under regulation 15 or 16 by a taxing master or the High Court as the case may be;

b

in the case of acts required or authorised to be done by a solicitor or counsel under any other regulation, the appropriate authority.

b

in paragraph (2) and the first place where it occurs in paragraph (3) for the words “the Chief Taxing Master” there shall be substituted “a taxing master”.

5

In Part I of Schedule 1–

a

for paragraph 1(1) there shall be substituted, in respect of work done on or after 1st April 1991, the following new sub-paragraph:–

1

1

Subject to paragraphs 2 and 3, the appropriate authority shall allow fees for work allowed by it under regulation 6 at the following basic rates:

(a) Magistrates' court criminal proceedings

Class of work

Rate

Preparation

£42

per hour —

(£44.50 per hour for a fee earner whose office is situated within legal aid area 1)

Advocacy

£53

per hour

Attendance at court where counsel assigned

£28.50

per hour

Travelling and waiting

£23.50

per hour

Routine letters written and routine telephone calls

£ 3.25

per item —

(£ 3.40 per item for a fee-earner whose office is situated within legal aid area 1)

(b) Magistrates' court care proceedings

Class of work

Rate

Preparation

£50.50

per hour —

(£54 per hour for a fee-earner whose office is situated within legal aid area 1)

Advocacy

£61

per hour

Attendance at court where counsel assigned

£32

per hour

Travelling and waiting

£28.50

per hour

Routine letters written and routine telephone calls

£ 3.60

per item

(c) Crown Court criminal and Court of Appeal

Class of work

Grade of fee-earner

Rate

Preparation

Senior solicitor

£50 per hour— (£52 per hour for a fee-earner whose office is situated within legal aid area 1)

Solicitor, legal executive or fee earner of equivalent experience

£42.25 per hour— (£44.50 per hour for a fee-earner whose office is situated within legal aid area 1)

Articled clerk or fee-earner of equivalent experience

£28 per hour (£32 per hour for a fee-earner whose office is situated within legal aid area 1)

Advocacy

Senior Solicitor

£61 per hour

Solicitor

£53 per hour

Attendance at Court where counsel assigned

Senior solicitor

£40 per hour

Solicitor, legal executive or fee earner of equivalent experience

£32 per hour

Articled clerk or fee-earner of equivalent experience

£19.50 per hour

Travelling and waiting

Senior solicitor

£23.50 per hour

Solicitor, legal executive or fee-earner of equivalent experience

£23.50 per hour

Articled clerk or fee-earner of equivalent experience

£11.75 per hour

Routine letters written and routine telephone calls

£3.25 per item

(£3.40 per item for a fee-earner whose office is situated within legal aid area 1)

b

in paragraph 1(2) the words “,13 or 14” shall be omitted.

6

In Part II of Schedule 1–

a

in paragraph 4(2)(b) after the word “advocacy” there shall be inserted the words “(including waiting)”;

b

for the table in paragraph 4(3) there shall be substituted, in respect of work done on or after 1st April 1991, the following table:–

TABLEPREPARATION

Type of proceedings

Lower Standard fee

Lower fee limit

Principal standard fee

Upper fee limit

Jury trials (including any case prepared for trial in which no jury was sworn)

£122

£168

£235

£293

London rate

£130

£175

£246

£307

Guilty pleas

£77

£103

£165

£212

London rate

£82

£107

£172

£222

Appeals against conviction

£48.25

£64

£144.50

£218

London rate

£51

£66

£150

£229

Appeals against sentence

£34.25

£49

£88

£123

London rate

£37

£51

£92

£127

Committals for sentence

£40

£48

£92

£133

London rate

£42

£50

£97

£137

ADVOCACY IN RESPECT OF BAIL APPLICATIONS

£24.50

London rate

£27

ATTENDANCE AT COURT (INCLUDING WAITING) WHERE COUNSEL ASSIGNED

£20.25

per hour

TRAVELLING

£17.50

per hour

c

in paragraph 4(4) the words “, 13 or 14” shall be omitted;

d

in paragraph 4(10) the words “,13 or 14” shall be omitted and for the figures “£26.25” and “£28” there shall be substituted, in respect of work done on or after 1st April 1991, the figures “£28” and “£30”;

e

in paragraph 4(11) for the figure “£9.40” there shall be substituted in respect of work done on or after 1st April the figure “£10.15”.

7

In Part I of Schedule 2–

a

in paragraph 9 for the figure “£17” there shall be substituted, in respect of work done on or after 1st April 1991, the figure “£18”;

b

in paragraph 10 for the figure “£9.40” there shall be substituted, in respect of work done on or after 1st April 1991 the figure “£10.15”;

c

for the Table there shall be substituted, in respect of work done on or after 1st April 1991, the following Table:–

TABLE

Type of proceedings

Standard basic fee

Jury trials (including any case prepared for trial in which no jury is sworn)

£206

Guilty pleas

£109

Appeals against conviction

£109

Appeals against sentence

£ 68

Committals for sentence

£ 68

Standard appearance fee

£ 43

Standard refresher fee

1

Half day

£ 76

2

Full day

£146

3

More than a full day

£221

Standard written work fee

£ 28

8

In Part II of Schedule 2–

a

In table 1 for the figures “£26”, “£13”, “£30” and “£15” there shall be substituted, in respect of work done on or after 1st April 1991 the figures “£28”, “£14”, “£32” and “£16” respectively.

b

In table 2 for the figures “£50”, “£25”, “£57”, and “£29” there shall be substituted, in respect of work done on or after 1st April 1991 the figures “£53”, “£27”, “£61” and “£31” respectively.

Mackay of Clashfern, C.

We consent,

Sydney ChapmanIrvine PatnickTwo of the Lords Commissioners of Her Majesty’s Treasury

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 by increasing the rates of remuneration for legal aid work in criminal and care proceedings done on or after 1st April 1991 and making the following minor amendments:

1

removing the restriction to solicitors and counsel of the ability to seek extensions of time for appeal to the High Court against a taxing master’s decision (thereby allowing the Lord Chancellor to seek such an extension);

2

allowing a taxing master rather than the Chief Taxing Master to extend time limits, reduce costs or entertain an appeal against a decision on extending a time limit by the appropriate (fee determining) authority;

3

stating explicitly that waiting time is included within a solicitor’s standard fee for bail applications.