The Criminal Legal Aid (Remuneration) Regulations 2013

Application E+W

2.—(1) Subject to sub-paragraphs (2) to (7), this Schedule applies to—

(a) every case on indictment;

(b) the following proceedings in the Crown Court—

(i) an appeal against conviction or sentence from the magistrates' court;

(ii) a sentencing hearing following a committal for sentence to the Crown Court;

(iii) proceedings arising out of an alleged breach of an order of the Crown Court (whether or not this Schedule applies to the proceedings in which the order was made);

(c) a sentencing hearing following a case on indictment to which this Schedule applies, where sentence has been deferred under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 M1 (deferment of sentence);

(d) any other post-sentence hearing.

(2) Sub-paragraph (3) applies where proceedings are—

(a) sent for trial to the Crown Court; or

(b) transferred to the Crown Court under—

(i) section 4 of the Criminal Justice Act 1987 M2 (transfer of serious fraud cases); or

(ii) section 53 of the Criminal Justice Act 1991 M3 (transfer of certain cases involving children).

(3) Where, at any time after proceedings are sent or transferred to the Crown Court as referred to in sub-paragraph (2), they are—

(a) discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 M4 (discontinuance of proceedings after accused has been sent for trial); or

(b) dismissed pursuant to—

(i) paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 M5 (applications for dismissal);

(ii) section 6 of the Criminal Justice Act 1987 (applications for dismissal); or

(iii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal),

the provisions of paragraphs 21 and 22 apply.

(4) Where, following a case on indictment, a Newton hearing takes place—

(a) for the purposes of this Schedule the case is to be treated as having gone to trial;

(b) the length of the trial is to be taken to be the combined length of the main hearing and the Newton hearing; and

(c) the provisions of this Schedule relating to cracked trials and guilty pleas will not apply.

(5) For the purposes of this Schedule, a case on indictment which discontinues at or before the plea and case management hearing otherwise than—

(a) by reason of a plea of guilty being entered; or

(b) in accordance with sub-paragraph (3),

must be treated as a guilty plea.

(6) For the purposes of this Schedule, where a trial that is not a Very High Cost Case (in relation to fees claimed by litigators) lasts over 200 days, it must be treated as if it had lasted 200 days.

(7) For the purposes of this Schedule, where the number of pages of prosecution evidence in a case which is not a Very High Cost Case (in relation to fees claimed by litigators) exceeds—

(a) the PPE Cut-off figure specified in the table following paragraph 5(2) as appropriate to the offence for which the assisted person is to be tried and the length of trial; and

(b) 10,000,

the case must be treated as though it had 10,000 pages of prosecution evidence.

Marginal Citations

M1 2000 c. 6.

M2 1987 c. 38. Section 4 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, Schedule 3, Part 2, Paragraphs 58(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to be appointed.

M3 1991 c. 53. Section 53 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, Schedule 3, Part 2, Paragraphs 62(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to be appointed

M4 1985 c. 23. Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c. 37).

M5 1998 c. 37.