Search Legislation

The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1993

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Proceedings to which standard fees apply

2.—(1) Subject to paragraph 3, standard fees under this Part of this Schedule shall apply to work done in proceedings in a magistrates' court as specified in sub-paragraph (2).

(2) The proceedings (which include any proceedings preliminary or incidental thereto whether before that or another court, including bail applications made either in a magistrates' court or the Crown Court) are the proceedings specified in the following Table:—

TABLE: CATEGORIES AND TYPES OF PROCEEDINGS
Column 1Column 2Column 3
Category 1Category 2Category 3

1.1  guilty pleas

1.2  uncontested proceedings arising out of a breach of an order of a magistrates' court (including proceedings in a magistrates' court relating to a breach of a Crown Court probation order, community service order or suspended sentence)

1.3  proceedings (other than committal proceedings) which are discontinued or withdrawn

1.4  proceedings (other than committal proceedings) relating to summary or either way offences which result in a bind over

1.5  proceedings arising out of a deferment of sentence (including any subsequent sentencing hearing) under section 1 of the Powers of Criminal Courts Act 1973(1)

2.1  contested trials

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

2.3  proceedings which were listed and fully prepared for trial in a magistrates' court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case

2.4  contested proceedings relating to a breach of an order of a magistrates' court (including proceedings relating to a breach of a Crown Court probation order, community service order or suspended sentence)

2.5  proceedings where mixed pleas are entered

3.1  committal proceedings under section 6(2) of the Magistrates' Courts Act 1980(2) including those which are discontinued or withdrawn

3.2  committal proceedings which are discontinued or withdrawn before the court has fixed the date for a section 6(1) committal hearing

3.3  proceedings transferred under section 4 of the Criminal Justice Act 1987(3) or section 53 of the Criminal Justice Act 1991(4)

(3) Proceedings shall be treated for the purposes of this Part of this Schedule as forming part of one case where they relate to one or more charges or informations which are preferred or laid at the same time or which are founded on the same facts or which form or are part of a series of offences.

(4) Subject to sub-paragraph (5), where proceedings forming one case fall within more than one category, the proceedings shall be treated as forming part of the higher or highest in value of the categories concerned.

(5) Where a case includes proceedings referred to in the Table in sub-paragraph (2) above at items 3.1 and 3.2, the case shall be treated as if all the proceedings were Category 3 proceedings.

(6) Subject to sub-paragraph (5), where there is a change of solicitor assigned under a legal aid order in proceedings to which sub-paragraph (2) applies, the proceedings shall be treated as Category I proceedings for the purposes of a claim for costs in respect of work done under the legal aid order by the solicitor formerly assigned.

(7) Subject to sub-paragraph (5), where proceedings have not been concluded but a warrant of arrest has been issued, the proceedings shall be treated as Category 1 proceedings.

(1)

1973 c. 62; section 1 has been amended by the Criminal Law Act 1977 (c. 45), Schedule 12, the Magistrates' Courts Act 1980 (c. 43), Schedule 7 paragraph 119 and the Criminal Justice Act 1982 (c. 48), section 63.

(2)

1980 c. 43; section 6(2) was amended by the Criminal Justice Act 1982, section 61 and the Courts and Legal Services Act 1990, Schedule 18 paragraph 25.

(3)

1987 c. 38; section 4 was amended by the Criminal Justice Act 1988 (c. 33), section 144 and the Legal Aid Act 1988, Schedule 5 paragraph 22.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources