The Criminal Legal Aid (Remuneration) Regulations 2013

Discontinuance or dismissal of F1... proceedingsE+W

This section has no associated Explanatory Memorandum

22.—[F2(1) This paragraph applies to proceedings which are sent for trial to the Crown Court.]

(2) Where proceedings referred to in sub-paragraph (1) are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 M1 the advocate must be paid 50% of the basic fee F3... for a guilty plea, as specified in [F4Table A] following [F5paragraph 7] as appropriate to the offence for which the assisted person is charged and the category of advocate.

(3) Where proceedings referred to in sub-paragraph (1) are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the advocate must be paid a [F6fee calculated in accordance with paragraph 7(a)], as appropriate for representing an assisted person in a guilty plea.

F7(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where, at [F8or before the first hearing at which the assisted person enters a plea]—

(a)the prosecution offers no evidence and the assisted person is discharged; or

(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the advocate instructed in the proceedings must be paid a [F9fee calculated in accordance with paragraph 7(a)], as appropriate for representing an assisted person in a guilty plea.

(6) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998F10... the advocate must be remunerated for attendance at the hearing of the application for dismissal—

(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 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 that table as appropriate to the category of advocate,

provided that a fee is not payable elsewhere under this Schedule in respect of any day of the hearing.

(7) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998F11... and—

(a)the charge, or charges, are dismissed and the assisted person is discharged; or

(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

in respect of the first day of the hearing of the application to dismiss, the advocate instructed in the proceedings must be paid a [F12fee calculated in accordance with paragraph 7(a)], as appropriate for representing an assisted person in a guilty plea.

(8) Where an advocate represents more than one assisted person in proceedings referred to in sub-paragraph (1), the advocate must be paid a fixed fee of 20% of—

(a)the fee specified in sub-paragraph (2) where that sub-paragraph applies; or

(b)the basic fee F13... specified in the [F14tables] following [F15paragraph 7] where sub-paragraph (3), (4) or (5) applies, as appropriate for the circumstances set out in the relevant sub-paragraph,

in respect of each additional assisted person the advocate represents.

Textual Amendments

F1Words in Sch. 1 para. 22 heading omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(9)(a) (with reg. 10(1))

F3Word in Sch. 1 para. 22(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 23(a)(i) (with reg. 34)

F13Word in Sch. 1 para. 22(8)(b) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 23(b)(i) (with reg. 34)

Marginal Citations