The Criminal Legal Aid (Remuneration) Regulations 2013

Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearings E+W

13.—(1) This paragraph applies to—

(a) the hearing of an application to stay the case on indictment or any count on the ground that the proceedings constitute an abuse of the process of the court;

(b) any hearing relating to the question of whether any material should be disclosed by the prosecution to the defence or the defence to the prosecution (whether or not any claim to public interest immunity is made);

(c) the hearing of an application under section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 M1 (issue of witness summons on application to Crown Court) for disclosure of material held by third parties;

(d) any hearing relating to the question of the admissibility as evidence of any material; F1 ...

[F2 (da) a ground rules hearing ordered in a case in which a special measures direction provides for a recording to be admitted under section 28 (video recorded cross-examination or re-examination) of the Youth Justice and Criminal Evidence Act 1999, and for this purpose “special measures direction” has the meaning given in section 33(1) (interpretation etc. of Chapter I) of that Act; and]

(e) the hearing of an application to withdraw a plea of guilty where the application is—

(i) made by an advocate other than the advocate who appeared at the hearing at which the plea of guilty was entered; and

(ii) unsuccessful.

(2) Where a hearing to which this paragraph applies is held on any day of the main hearing of a case on indictment, no separate fee is payable in respect of attendance at the hearing, but the hearing is included in the length of the main hearing for the purpose of calculating the fees payable.

(3) Where a hearing to which this paragraph applies is held prior to the first or only day of the main hearing, it is not included in the length of the main hearing for the purpose of calculating the fees payable and the trial advocate or substitute advocate must be remunerated for attendance at such a hearing—

(a) in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate; or

(b) in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate.

Textual Amendments

F1 Word in Sch. 1 para. 13(1)(d) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 17(a) (with reg. 34)

F2 Sch. 1 para. 13(1)(da) inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 17(b) (with reg. 34)

Marginal Citations

M1 1965 c 69.