The Criminal Legal Aid (Remuneration) Regulations 2013

1Citation and commencement

2Interpretation

4Claims for fees by advocates – Crown Court

5Claims for fees and disbursements by litigators – Crown Court

6Proceedings in the Court of Appeal

7Proceedings in the Supreme Court

8Claims for fees for certain categories of work to which the Standard Crime Contract applies

9Payments from other sources

10Cases ...sent for trial to the Crown Court

11Proceedings for contempt

12Notification of Very High Cost Cases

12AFees in Very High Cost Cases

13Authorisation of expenditure

14Interim payment of disbursements

15Interim disbursements and final determination of fees

16Expert services

17Determination of litigators' disbursements

17AInterim payment of litigators’ fees

18Interim payments in cases awaiting determination of fees

19Amount of interim payments in cases awaiting determination of fees

20Staged payments in long Crown Court proceedings

21Hardship payments

22Computation of final claim where an interim payment has been made

23Payment of fees to advocates – Crown Court

24Payment of fees to litigators – Crown Court

25Recovery of overpayments

26Adverse observations

27Wasted costs orders

28Redetermination of fees by appropriate officer

29Appeals to a Costs Judge

30Appeals to the High Court

SCHEDULE 1Advocates' Graduated Fee Scheme

PART 1Definitions and Scope

1Interpretation

3Bands of Offences

PART 2Graduated Fees for Trial

4Calculation of Graduated Fees

5ADaily attendance fees

PART 3Graduated Fees for Guilty Pleas and Cracked Trials

6Scope of Part 3

7Calculation of fees in guilty pleas and cracked trials

8Basic fees for guilty pleas and cracked trials

PART 4Fixed Fee for Guilty Pleas and Cracked Trials

9Scope of Part 4

10Fixed fee for guilty pleas or cracked trials

PART 5Fixed Fees

11General provisions

12Fees for ...standard appearances

13Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearings

13AFee for video recorded cross-examination or re-examination

14Fees for confiscation hearings

15Fees for sentencing hearings

16Fees for ineffective trials

17Fees for special preparation

17AFees for consideration of unused material

18Fees for wasted preparation

18AAdditional preparation fee

19Fees for conferences and views

19AFees for further case management hearings and plea and trial preparation hearings

20Fees for appeals, committals for sentence and breach hearings

21Fees for contempt proceedings

22Discontinuance or dismissal of ... proceedings

23Noting brief fees

24AWarrant for arrest

PART 6Miscellaneous

25Identity of instructed advocate

26Payment of fees to instructed advocate

27Additional charges and additional cases

28Multiple advocates

29Non-local appearances

30Trials lasting over 40 days

31Assisted person unfit to plead or stand trial

32Cross examination of witness

33Provision of written or oral advice

34Mitigation of sentence

PART 7Table of Offences

SCHEDULE 2Litigators' Graduated Fee Scheme

PART 1Definitions and Scope

1Interpretation

3Class of Offences

PART 2Graduated Fees for Guilty Pleas, Cracked Trials and Trials

5Pages of Prosecution Evidence

6Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off

7Trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off

8Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-off

9Trials where the number of pages of prosecution evidence exceeds the PPE Cut-off

PART 3Fixed Fee for Guilty Pleas and Cracked Trials in Elected Cases

10Scope of Part 3

11Fixed fee for guilty pleas or cracked trials

PART 4Defendant Uplifts, Retrials and Transfers

12Defendant uplifts

13Retrials and Transfers

PART 5Fixed Fees

14General provisions

15Fees for appeals and committals for sentence hearings

16Fees for hearing subsequent to sentence

17Fees for contempt proceedings

18Fees for alleged breaches of a Crown Court order

20Fees for special preparation

20AFees for consideration of unused material

21Discontinuance or dismissal of ... proceedings

22Defendant uplifts

23Warrant for arrest

PART 6Miscellaneous

24Additional charges

25Assisted person unfit to plead or stand trial

26Fees for confiscation proceedings

27Prescribed fee rates

28Allowing fees at less than the prescribed rates

29Allowing fees at more than the prescribed rates

PART 7LGFS Table of Offences

SCHEDULE 3Proceedings in the Court of Appeal

1General Provisions

2Claims for fees and disbursements by litigators

3Determination of litigators' fees

4Determination of litigators' disbursements

5Claims for fees by advocates

6Determination of advocates' fees

7Litigators' fees for proceedings in the Court of Appeal

8Allowance of litigators' fees at more than the prescribed rate

9Advocates' fees for proceedings in the Court of Appeal

10Payment of fees

11Redeterminations and appeals

SCHEDULE 4Rates payable for the claims specified in Regulation 8

1Interpretation of this Schedule

2Work conducted at the Police station: Police Station advice and assistance.

3Work conducted outside the Police Station

3AAdvice and Assistance for Pre-Charge Engagement

4Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the virtual court

5Representation in the Magistrates' Court

5ARepresentation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court

6Own client work

7Representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act

8Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review Commission

9Representation on an appeal by way of case stated

10Representation in the Crown Court on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the Act

11Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases

12Payment for Assigned Counsel

SCHEDULE 5Experts' Fees and Rates

SCHEDULE 6Fees in Very High Cost Cases

PART 1Interpretation and Application

1Interpretation

3Part 3 of this Schedule applies to work done in...

4Part 4 of this Schedule applies to work done in...

2013 No. 435

Legal Aid And Advice, England And Wales

The Criminal Legal Aid (Remuneration) Regulations 2013

Made26th February 2013

Laid before Parliament28th February 2013

Coming into force1st April 2013

The Lord Chancellor makes these Regulations M1 in exercise of the powers conferred by sections 2(3), 5(2) and (4), 30(2) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 M2.