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The Criminal Legal Aid (Remuneration) Regulations 2013
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The Criminal Legal Aid (Remuneration) Regulations 2013, Paragraph 25 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 2 Paragraph 25:
- Sch. 2 para. 25 substituted by S.I. 2015/1369 reg. 6(7)(t) Sch. 11 (This amendment not applied to legislation.gov.uk. Reg. 6(7)(a)(b)(iii)(iv)(c)-(t) revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
- Table word omitted by S.I. 2015/1369 reg. 6(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 6(2)(3) revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
- Table words inserted by S.I. 2015/1369 reg. 6(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 6(2)(3) revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Table of Contents words inserted by S.I. 2014/2422 reg. 2(2)
- Table of Contents words omitted by S.I. 2015/1678 reg. 5(2)(a)
- Sch. 2 para. 23(2)(2A) amendment to earlier affecting provision SI 2015/1369 Sch. 10 by S.I. 2015/1678 reg. 9(4)
- Sch. 2 Pt. 1A amendment to earlier affecting provision SI 2015/1369 Sch. 5 by S.I. 2015/1678 reg. 9(2)
- Sch. 2 Pt. 1A inserted by S.I. 2015/1369 reg. 6(7)(c) Sch. 5 (This amendment not applied to legislation.gov.uk. Reg. 6(7)(a)(b)(iii)(iv)(c)-(t) revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
- Sch. 2 para. 23(2)(2A) substituted for Sch. 2 para. 23(2) by S.I. 2015/1369 reg. 6(7)(s) Sch. 10 (This amendment not applied to legislation.gov.uk. Reg. 6(7)(a)(b)(iii)(iv)(c)-(t) revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
- Sch. 4 para. 5(2)-(2B) amendment to earlier affecting provision SI 2015/1369 Sch. 13 by S.I. 2015/1678 reg. 9(5)
- Sch. 4 para. 2A inserted by S.I. 2024/1163 reg. 2(3)
- Sch. 4 para. 5(3)(a)(v) inserted by S.I. 2024/1163 reg. 2(4)(c)(vi)
- Sch. 4 para. 5B inserted by S.I. 2024/1163 reg. 2(5)
- Sch. 4 para. 5(2)-(2B) substituted for Sch. 4 para. 5(2) by S.I. 2015/1369 reg. 6(8)(f)(vi) Sch. 13 (This amendment not applied to legislation.gov.uk. Reg. 6(8)(a)-(e)(f)(iii)-(vi)(g) revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
- Sch. 4 in pt. words substituted by S.I. 2015/1369 reg. 6(8)(a) (This amendment not applied to legislation.gov.uk. Reg. 6(8)(a)-(e)(f)(iii)-(vi)(g) revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
Assisted person unfit to plead or stand trialE+W
This section has no associated Explanatory Memorandum
25. Where in any case a hearing is held to determine the question of whether the assisted person is unfit to plead or to stand trial (a “fitness hearing”)—
(a)if a trial on indictment is held, or continues, at any time thereafter, the length of the fitness hearing is included in determining the length of the trial for the calculation of the fee in accordance with Part 2;
(b)if a trial on indictment is not held, or does not continue, thereafter by reason of the assisted person being found unfit to plead or to stand trial, the litigator must be paid—
(i)a fee calculated in accordance with paragraph 7 or where appropriate paragraph 9, as appropriate to the combined length of—
(aa)the fitness hearing; and
(bb)any hearing under section 4A of the Criminal Procedure (Insanity) Act 1964 M1 (finding that the accused did the act or made the omission charged against him); or
(ii)a fee calculated in accordance with paragraph 6, or where appropriate paragraph 8, as appropriate, for representing an assisted person in a cracked trial,
whichever the litigator elects; and
(c)if at any time the assisted person pleads guilty to the indictable offence, the litigator must be paid either—
(i)a fee calculated in accordance with paragraph 7 or, where appropriate, paragraph 9, as appropriate to the length of the fitness hearing; or
(ii)a fee calculated in accordance with paragraph 6 or, where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea,
whichever the litigator elects.
Marginal Citations
M11964 c. 84, as amended by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) and section 22 of the Domestic Violence Crime and Victims Act 2004 (c. 28).
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