The Criminal Legal Aid (Remuneration) Regulations 2013

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[F1Bands of Offences]E+W

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3.—(1) For the purposes of this Schedule—

(a)every indictable offence falls within the [F2band of that offence set out in the AGFS Banding Document] and, subject to sub-paragraph (2), indictable offences not specifically so listed are deemed to fall within [F3band 17.1];

(b)conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977 M1 (the offence of conspiracy), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981 M2 (attempting to commit an offence) fall within the same [F4band] as the substantive offence to which they relate;

(c)where the [F5AGFS Banding Document] specifies that the [F6band] within which an offence falls depends on whether the value [F7, amount or weight] involved exceeds a stated limit, the value [F7, amount or weight] must be presumed not to exceed that limit unless the advocate making the claim under regulation 4 proves otherwise to the satisfaction of the appropriate officer;

(d)where more than one count of the indictment is for an offence in relation to which the [F8band] depends on the value [F9, amount or weight] involved, that value [F9, amount or weight] must be taken to be the total value [F9, amount or weight] involved in all those offences, but where two or more counts relate to the same property, the value [F9, amount or weight] of that property must be taken into account once only;

(e)where an entry in the [F10AGFS Banding Document] specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry includes every offence contrary to that statutory provision whether or not the words of description in the entry are appropriate to cover all such offences;

(f)where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, the trial advocate must elect whether that hearing falls within the same [F11band] as the indictable offence to which it relates or within [F12band 5.3]; and

[F13(g)where in a case on indictment a restriction order is made, the offence is to be treated as if it falls within band 1.3, regardless of the band within which the offence would fall within the AGFS Banding Document but for this paragraph.]

(2) Where an advocate in proceedings in the Crown Court is dissatisfied with the [F14banding within band 17.1] of an indictable offence not listed in the [F15AGFS Banding Document], the advocate may apply to the appropriate officer when lodging the claim for fees to [F16re-band] the offence.

(3) The appropriate officer must, in light of the objections made by the advocate—

(a)confirm the [F17banding] of the offence within [F18band 17.1]; or

(b)[F19re-band] the offence,

and must notify the advocate of the decision.

Textual Amendments

F1Sch. 1 para. 3 heading substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(2) (with reg. 34)

F2Words in Sch. 1 para. 3(1)(a) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(a)(i) (with reg. 34)

F3Words in Sch. 1 para. 3(1)(a) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(a)(ii) (with reg. 34)

F4Word in Sch. 1 para. 3(1)(b) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(b) (with reg. 34)

F5Words in Sch. 1 para. 3(1)(c) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(c)(i) (with reg. 34)

F6Word in Sch. 1 para. 3(1)(c) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(c)(ii) (with reg. 34)

F7Words in Sch. 1 para. 3(1)(c) inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(c)(iii) (with reg. 34)