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The Criminal Legal Aid (Remuneration) Regulations 2013

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Changes over time for: SCHEDULE 4

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Changes to legislation:

There are currently no known outstanding effects for The Criminal Legal Aid (Remuneration) Regulations 2013, SCHEDULE 4. Help about Changes to Legislation

Regulation 8

SCHEDULE 4E+WRates payable for the claims specified in Regulation 8

This schedule has no associated Explanatory Memorandum

Interpretation of this ScheduleE+W

[F11.  In this Schedule—

(a) unless the context otherwise requires, words and expressions have the same meaning as in the [F22022 Standard Crime Contract], and

(b) “the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act 2014.]

Textual Amendments

Work conducted at the Police station: Police Station advice and assistance.E+W

2.—(1) The Fixed Fee for Police Station Telephone Advice is—

(a)[F3£33.00] per claim in London; and

(b)[F4£31.74] per claim outside London (“National”)

(2) The Criminal Defence Direct Fixed Acceptance Fee is [F5£8.40] per Matter.

(3) The hourly rates for Police Station attendance (for recording time and to determine whether the Escape Fee Threshold has been reached) are specified in the table following this sub-paragraph.

[F6LondonNational
Police Station attendance hourly rates
Own or Duty Solicitor£58.97£54.57
Duty Solicitor (Unsocial Hours)£72.46£72.46
Duty Solicitor – serious offence rate£68.21£62.96
Duty Solicitor – serious offence rate (Unsocial Hours)£83.95£83.95
Travel and waiting hourly rates
Own Solicitor£30.22£30.22
Duty Solicitor£58.97£54.57
Duty Solicitor (Unsocial Hours)£72.46£72.46]

(4) The table following sub-paragraph (8) sets out—

(a)the Police Station Attendance Fixed Fees; and

(b)the Escape Fee Thresholds applicable to Police Station attendance.

(5) The figures in columns 3 and 4 of the table following sub-paragraph (8) apply to attendance at a police station listed as being within the corresponding Scheme referred to in column 2.

(6) Where attendance is at a place where an interviewing Constable is present, and that place is not a police station listed as being within a Scheme, the relevant Scheme in column 2 is—

(a)the Scheme within which the police station at which the interviewing Constable is normally based is listed; or

(b)where the interviewing Constable is not normally based at a police station listed as being within a Scheme, the Scheme within which the police station nearest to the place of attendance is listed.

(7) Where attendance is at a place where a Services Person is assisting with an investigation by Services Police, the relevant Scheme in column 2 is the Scheme within which the police station nearest to the place of attendance is listed.

(8) In sub-paragraphs (5), (6) and (7), “listed” means listed in the table set out in Annex A to the [F72022 Standard Crime Contract] Guidance for reporting crime lower work M1.

[F8Police Station Attendance – Fixed Fees and Escape Fee Thresholds

Criminal Justice System AreaSchemeFixed Fee (£)Escape Threshold (£)
ClevelandHartlepool223.52588.99
Teeside223.52588.99
DurhamDarlington223.52588.99
South Durham223.52588.99
Durham223.52588.99
Derwentside223.52588.99
Easington223.52588.99
NorthumbriaSouth East Northumberland223.52588.99
Newcastle upon Tyne223.52588.99
Gateshead223.52588.99
North Tyneside223.52588.99
South Tyneside223.52588.99
Sunderland / Houghton Le Spring223.52588.99
Berwick & Alnwick223.52588.99
Tynedale & Hexham223.52588.99
Avon & SomersetAvon North & Thornbury223.52588.99
Bath223.52588.99
Mendip & South Somerset249.17747.52
Bristol223.52588.99
Sedgemore / Taunton Deane223.52588.99
Weston-Super-Mare223.52588.99
DorsetCentral Dorset223.52588.99
Bournemouth & Christchurch223.52588.99
Poole East Dorset223.52588.99
Bridport / West Dorset223.52588.99
WiltshireSalisbury223.52588.99
Chippenham / Trowbridge223.52588.99
Swindon223.52588.99
GloucestershireCheltenham223.52588.99
Gloucester223.52588.99
Stroud223.52588.99
Devon & CornwallBarnstaple223.52588.99
Exeter223.52588.99
Plymouth223.52588.99
East Cornwall228.77776.99
Carrick / Kerrier (Camborne) / Penwith223.52588.99
Teignbridge / Torbay223.52588.99
StaffordshireStoke on Trent / Leek223.52588.99
Stafford / Cannock & Rugeley223.52588.99
Lichfield & Tamworth / Burton Upon Trent / Uttoxeter223.52588.99
WarwickshireLeamington / Nuneaton / Rugby223.52588.99
West MerciaHereford / Leominster223.52588.99
Kidderminster / Redditch228.63685.88
Shrewsbury223.52588.99
Telford223.52588.99
Worcester223.52588.99
West MidlandsSandwell223.52588.99
Wolverhampton & Seisdon223.52588.99
Dudley & Halesowen223.52588.99
Walsall223.52588.99
Birmingham223.52588.99
Solihull223.52588.99
Coventry223.52588.99
Dyfed PowysAmman Valley223.52588.99
Carmarthen East Dyfed232.21696.61
Llanelli223.52588.99
Brecon & Radnor233.99701.97
Mid Wales223.52588.99
North Ceredigion / South Ceredigion234.88704.64
Pembrokeshire223.52588.99
GwentEast Gwent223.52588.99
Newport223.52588.99
Lower Rhymney Valley / North Bedwellty / South Bedwellty223.52588.99
North WalesBangor & Caernarfon223.52588.99
Colwyn Bay223.52588.99
Denbighshire223.52588.99
Dolgellau223.52588.99
Mold & Hawarden223.52588.99
North Anglesey226.85680.54
Pwllheli223.52588.99
Wrexham223.52588.99
South WalesCardiff223.52588.99
Vale of Glamorgan239.35718.06
Cynon Valley223.52588.99
Mid Glamorgan & Miskin223.52588.99
Merthyr Tydfil223.52588.99
Port Talbot251.85852.01
Newcastle & Ogmore223.52588.99
Neath223.52588.99
Swansea223.52588.99
MerseysideBootle & Crosby223.52588.99
Southport223.52588.99
Liverpool223.52588.99
St Helens223.52588.99
Knowsley223.52588.99
Wirral223.52588.99
CheshireCrewe & Nantwich / Sandbach & Congleton / Macclesfield223.52588.99
Warrington / Halton223.52588.99
Chester / Vale Royal (Northwich)223.52588.99
CumbriaBarrow In Furness223.52588.99
Kendal & Windermere223.52588.99
Penrith / Carlisle223.52588.99
Whitehaven / Workington223.52588.99
Greater ManchesterManchester223.52588.99
Stockport223.52588.99
Trafford223.52588.99
Salford223.52588.99
Bolton223.52588.99
Bury223.52588.99
Wigan223.52588.99
Rochdale / Middleton223.52588.99
Tameside223.52588.99
Oldham223.52588.99
LancashireBurnley / Rossendale223.52588.99
Blackburn / Accrington / Ribble Valley223.52588.99
Blackpool223.52588.99
Fleetwood223.52588.99
Lancaster223.52588.99
Chorley / Ormskirk / South Ribble & Leyland223.52588.99
Preston223.52588.99
KentDartford & Gravesend267.93803.78
Ashford & Tenterden / Dover / Folkestone236.11801.10
Medway235.77707.32
Swale279.53838.60
Maidstone & West Malling249.17747.52
Canterbury / Thanet223.52588.99
West Kent (Tonbridge)239.35718.06
SurreyGuildford & Farnham223.52588.99
North West Surrey (Woking)225.62766.26
South East Surrey238.21809.13
Epsom241.36819.87
Staines277.04937.73
SussexBrighton & Hove & Lewes223.52588.99
Chichester & District223.52588.99
Crawley / Horsham262.57787.69
Hastings223.52588.99
Worthing223.52588.99
Eastbourne223.52588.99
DerbyshireEast Derbyshire (Ripley) / Ilkeston237.56712.68
Ashbourne / Matlock / High Peak (Buxton)223.52588.99
Chesterfield223.52588.99
Derby / Swadlincote223.52588.99
LeicestershireAshby & Coalville / Loughborough / Melton Mowbray223.52588.99
Leicester223.52588.99
Hinckley / Market Harborough232.21696.61
LincolnshireBoston / Bourne / Stamford223.52588.99
Skegness223.52588.99
Lincoln / Gainsborough223.52588.99
Grantham & Sleaford223.52588.99
NottinghamshireMansfield223.52588.99
Newark223.52588.99
Nottingham223.52588.99
Worksop & East Retford223.52588.99
NorthamptonshireCorby (Kettering) / Wellingborough223.52588.99
Northampton223.52588.99
BedfordshireBedford223.52588.99
Luton223.52588.99
CambridgeshireCambridge223.52588.99
Ely223.52588.99
Huntingdon223.52588.99
March & Wisbech223.52588.99
Peterborough223.52588.99
EssexBasildon223.52588.99
Brentwood286.48972.58
Braintree228.77774.32
Clacton & Harwich / Colchester223.52588.99
Grays267.59908.27
Harlow & Loughton267.59908.27
Stansted295.931,004.72
Rayleigh / Southend On Sea223.52588.99
Chelmsford / Witham223.52588.99
HertfordshireDacorum (Hemel Hempstead)241.36817.16
Bishop's Stortford / East Hertfordshire292.78993.99
Stevenage & North Hertfordshire271.79921.68
St Albans246.61807.59
Watford242.41822.54
NorfolkCromer & North Walsham223.52588.99
Great Yarmouth223.52588.99
Kings Lynn & West Norfolk223.52588.99
Norwich & District223.52588.99
Diss / Thetford223.52588.99
Dereham227.71771.64
SuffolkLowestoft / Beccles & Halesworth / Aldeburgh223.52588.99
Felixstowe / Ipswich & District / Woodbridge223.52588.99
Sudbury & Hadleigh / Bury St Edmunds / Haverhill / Newmarket223.52588.99
Thames ValleyAbingdon, Didcot & Witney (South Oxfordshire)240.30814.49
Aylesbury228.63685.88
High Wycombe & Amersham223.52588.99
Milton Keynes223.52588.99
Bicester / North Oxon (Banbury)223.52588.99
Oxford223.52588.99
Reading223.52588.99
Slough (East Berkshire)240.30814.49
West Berkshire (Newbury Etc)223.52588.99
HampshireAldershot / Petersfield (North East Hampshire)229.82779.67
Andover / Basingstoke / Winchester (NW Hants)242.03726.09
Isle Of Wight223.52588.99
Portsmouth / Waterlooville (South East Hampshire)223.52588.99
Gosport & Fareham247.38742.14
Southampton (South West Hampshire)228.63685.88
HumbersideGrimsby & Cleethorpes223.52588.99
Scunthorpe223.52588.99
Hull223.52588.99
Beverley / Bridlington223.52588.99
Goole223.52588.99
North YorkshireNorthallerton & Richmond223.52588.99
Harrogate & Ripon223.52588.99
Skipton, Settle & Ingleton223.52588.99
Scarborough / Whitby223.52588.99
Malton & Ryedale223.52588.99
York / Selby223.52588.99
South YorkshireBarnsley223.52588.99
Doncaster223.52588.99
Rotherham223.52588.99
Sheffield223.52588.99
West YorkshireHalifax223.52588.99
Huddersfield223.52588.99
Dewsbury223.52588.99
Bradford223.52588.99
Keighley & Bingley223.52588.99
Leeds223.52588.99
Pontefract & Castleford223.52588.99
Wakefield223.52588.99
LondonBarking264.45852.79
Bexley264.45852.79
Bishopsgate269.69913.62
Brent264.45852.79
Brentford264.45852.79
Bromley264.45852.79
Camberwell Green264.45852.79
Central London272.84924.35
Clerkenwell/Hampstead264.45852.79
Croydon264.45852.79
Ealing264.45852.79
Enfield264.45852.79
Greenwich/Woolwich264.45852.79
Haringey264.45852.79
Harrow264.45852.79
Havering264.45852.79
Heathrow315.861,071.72
Hendon/Barnet264.45852.79
Highbury Corner264.45852.79
Kingston-Upon-Thames264.45852.79
Newham264.45852.79
Old Street264.45852.79
Redbridge264.45852.79
Richmond-Upon-Thames277.04937.73
South London264.45852.79
Sutton264.45852.79
Thames264.45852.79
Tower Bridge267.59908.27
Uxbridge264.45852.79
Waltham Forest264.45852.79
West London270.74918.97
Wimbledon264.45852.79]

Textual Amendments

Marginal Citations

M1A copy of the guidance is available at www.justice.gov.uk/legal-aid/submit-claim/cwa-online-claims/codes-guidance. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.

[F9Police station attendance: travel fee for the purposes of attendance at a Destination Police StationE+W

2A.—(1) The fees listed in the table following sub-paragraph (2) are payable in addition to any other fee which is payable under this Schedule.

(2) The hourly rates for travel for the purposes of attendance to which sub-paragraph (3) applies are specified in the table following this sub-paragraph.

Travel hourly rates

Hourly rate (£)
Own Solicitor30.22
Duty Solicitor54.57
Duty Solicitor (Unsocial Hours)72.46

(3) This sub-paragraph applies to attendance at a Destination Police Station by an Attending Duty Scheme Solicitor or an Attending Own Solicitor.

(4) Destination Duty Schemes and Attending Duty Schemes for the purposes of this paragraph are specified in the table following this sub-paragraph.

Travel Scheme Table

Destination Duty SchemeAttending Duty Scheme
SkegnessSkegness
Lincoln
Boston
North & North East Lincolnshire
BarnstapleBarnstaple
Exeter
Bridgwater (Weston-Super-Mare / Sedgemoor / Taunton Deane combined)
East Cornwall
Plymouth
Berwick & AlnwickBerwick & Alnwick
South East Northumberland
Tynedale & Hexham
DolgellauDolgellau
Anglesey, Bangor & Caernarfon
North Ceredigion / South Ceredigion
Newtown (Mid Wales)
Pwllheli
Denbighshire
Colwyn Bay
Wrexham
NewarkNewark
Mansfield
Worksop & East Retford
Nottingham
Loughborough
Grantham
Lincoln
Isle of WightIsle of Wight
Portsmouth / Waterlooville (South East Hampshire)
South West Hants (Southampton)

(5) In this paragraph—

“Destination Police Station” means a police station listed in the Police Station Table as being within a Duty Scheme listed in column 1 of the Travel Scheme Table.

In relation to a particular Destination Police Station—

(a)

the “Destination Duty Scheme” is the Duty Scheme listed in the Police Station Table as including that Destination Police Station;

(b)

an “Attending Duty Scheme” is a Duty Scheme listed in column 2 of the Travel Scheme Table as corresponding to the Destination Duty Scheme;

(c)

an “Attending Duty Scheme Solicitor” is a Duty Solicitor who is a member of an Attending Duty Scheme;

(d)

an “Attending Own Solicitor” is an Own Solicitor whose Office(s) are situated within the area covered by an Attending Duty Scheme (as set out in the October 2021 version of the Duty Solicitor Postcode Tool);

“the Police Station Table” is the table set out in Annex A to version 16 (December 2023) of the 2022 Standard Crime Contract Guidance for reporting crime lower work;

“the Travel Scheme Table” is the table following sub-paragraph (4).]

Textual Amendments

Work conducted outside the Police StationE+W

3.—(1) The fixed amounts and hourly rates for free standing Advice and Assistance conducted outside the Police Station are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F10£314.81].

[F11Free standing Advice and Assistance

London (£)National (£)
Routine letters written and routine telephone calls per item4.043.89
Preparation hourly rate52.1549.22
Travel and waiting hourly rate27.6027.6]

(2) The fixed amounts and hourly rates for Advocacy Assistance on a warrant of further detention are specified in Tables A and B following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F12£1,574.06].

[F13Table A

Advocacy Assistance on a warrant of further detention – magistrates’ court or judicial authority

London (£)National (£)
Routine letters written and telephone calls (per item)
Own Solicitor and Duty Solicitor4.043.89
Duty Solicitor (Unsocial Hours)5.355.14
Preparation hourly rate
Own Solicitor and Duty Solicitor52.1549.22
Duty Solicitor (Unsocial Hours)69.5865.58
Advocacy hourly rate
Own Solicitor and Duty Solicitor61.9261.92
Duty Solicitor (Unsocial Hours)82.5482.54
Travel and waiting hourly rate
Own Solicitor and Duty Solicitor27.6027.60
Duty Solicitor (Unsocial Hours)36.7836.78

Table B

Advocacy Assistance on a warrant of further detention – High Court or a senior judge

London (£)National (£)
Routine letter out per item7.877.87
Routine telephone calls per item4.364.36
All other preparation work hourly rate83.4278.71
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment, hourly rate38.8238.82
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or application at court, or other appointment, hourly rate78.7178.71
Travelling and waiting, hourly rate34.8934.89]

(3) The fixed amounts and hourly rates for Advocacy Assistance in armed forces custody hearings are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F14£1,574.06].

[F15Advocacy Assistance for armed forces custody hearings

London (£)National (£)
Routine letters written and telephone calls (per item)
Own Solicitor and Duty Solicitor4.043.89
Duty Solicitor (Unsocial Hours)5.355.14
Preparation hourly rate
Own Solicitor and Duty Solicitor52.1549.22
Duty Solicitor (Unsocial Hours)69.5865.58
Advocacy hourly rate
Own Solicitor and Duty Solicitor61.9261.92
Duty Solicitor (Unsocial Hours)82.5482.54
Travel and waiting hourly rate
Own Solicitor and Duty Solicitor27.6027.60
Duty Solicitor (Unsocial Hours)36.7836.78]

(4) The fixed amounts and hourly rates for Advocacy Assistance in [F16magistrates’ courts in connection with an application relating to police bail] are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F17£1,574.06].

[F18Advocacy Assistance in magistrates’ courts in connection with an application relating to police bail

London (£)National (£)
Routine letters written and telephone calls per item4.264.09
Preparation hourly rate55.1452.15
Advocacy hourly rate65.4265.42
Travelling and waiting hourly rate27.6027.60]

Textual Amendments

[F19Advice and Assistance for Pre-Charge EngagementE+W

3A.—(1) The hourly rates for advice and assistance for Pre-Charge Engagement are—

(a)[F20£58.97] in London;

(b)[F21£54.57] outside London.

(2) This Unit of Work is subject to an Upper Limit of [F22£314.81].]

Textual Amendments

Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the virtual courtE+W

4.—(1) The hourly rates for Advice and Assistance and Advocacy Assistance by a court Duty Solicitor are specified in the table following this sub-paragraph.

[F23Advice and Assistance and Advocacy Assistance by a court Duty Solicitor

London (£)National (£)
Standard hourly rate (attendance and waiting at a magistrates’ court)57.8756.51
Enhanced hourly rate (only payable in respect of work done on a day which is not a Business Day)72.3070.62

Travelling hourly rate (only payable where the Duty Solicitor is called out (including being called to return) to the court from the Office or attends on a day that is not a Business Day.

Reasonable travel expenses may also be claimed (where relevant)).

27.6027.60]

(2) The Fixed Fees for Advocacy Assistance at the Virtual Court are specified in the table following this sub-paragraph.

[F24Advocacy Assistance at the Virtual Court

London (£)National (£)
Virtual Court Fixed Fee where the hearing is held during Business Hours209.88157.41
Virtual Court Fixed Fee where the hearing is held during Unsocial hours251.85188.89]

Textual Amendments

Representation in the Magistrates' CourtE+W

5.—[F25(A1) This paragraph does not apply where paragraph 5A [F26or paragraph 5B] applies.]

(1) The fixed amounts and hourly rates [F27for representation in a magistrates’ court F28...] for—

(a)recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and

(b)claiming costs in cases which fall outside the Standard Fee payment scheme,

are specified in the table following this sub-paragraph.

[F29Representation in a magistrates’ court

All Areas
Routine letters written and telephone calls per item£4.09
Preparation hourly rate£52.15
Advocacy hourly rate (including applications for bail and other applications to the court)£65.42
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)£35.68
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply)£27.60]

(2) The table following this sub-paragraph sets out the fees and fee limits for the Standard Fee payment scheme for representation in a magistrates' court [F30(except where paragraph 5A [F31or paragraph 5B] applies)].

[F32Higher and Lower Standard Fees Table

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A286.02313.19542.58542.63
Category 1B232.53313.19500.99542.63
Category 2397.14538.02831.85896.59
Undesignated Area Standard Fees
Category 1A223.88313.19474.15542.63
Category 1B182.01313.19437.81542.63
Category 2321.37538.02737.08896.59]

(3) In the table following sub-paragraph (2)—

(a)the reference to “Category 1A” cases is a reference to the following proceedings [F33other than proceedings referred to in paragraph (c)]—

(i)either way guilty pleas [F34(other than in proceedings referred to in paragraph (b)(vii))];

[F35(ia)guilty pleas in proceedings for low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting);]

F36(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)proceedings F37...relating to either way offences [F38(other than proceedings referred to in paragraph (b)(vii))] [F39or proceedings referred to in sub-paragraph (ia)] which are discontinued or withdrawn or where the prosecution offer no evidence; F40...

(iv)proceedings F37... relating to either way offences [F41(other than proceedings referred to in paragraph (b)(vii))] [F42or proceedings referred to in sub-paragraph (ia)] which result in a bind over; [F43and]

[F44(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to—

(aa)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(bb)low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence);]

(b)the reference to “Category 1B” cases is a reference to the following proceedings [F45(other than proceedings referred to in paragraph (a)(ia) [F46or paragraph (c)])]—

(i)summary only guilty pleas;

(ii)uncontested proceedings arising out of a breach of an order of a magistrates' courts (including proceedings in a magistrates' court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(iii)proceedings F47... relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv)proceedings F47... relating to summary offences which result in a bind over;

(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under [F48Chapter 1 of Part 2 of the Sentencing [F49Code relating to summary offences (other than low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence))]];

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 M2, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; F50...

(vii)proceedings relating to either way offences which must be tried in a magistrates' court in accordance with section 22 of the Magistrates' Courts Act 1980 M3;

(c)the reference to “Category 2” cases is a reference to—

(i)contested trials;

(ii)proceedings which were listed and fully prepared for trial in a magistrates' court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii)proceedings which were listed and fully prepared for trial in a magistrates' court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv)contested proceedings relating to a breach of an order of a magistrates' court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(v)proceedings where mixed pleas are entered; and

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

F51(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The fees payable to Assigned Counsel for representation in a magistrates' court are subject to the limits specified in the table following paragraph 12.

F52(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53(6) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is [F54£208.61].]

Textual Amendments

F35Sch. 4 para. 5(3)(a)(ia) inserted (with application in accordance with reg. 4(3) of the amending S.I.) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(i)

F37Words in Sch. 4 para. 5(3)(a)(iii)(iv) 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(13)(b)(i) (with reg. 10(1))

F47Words in Sch. 4 para. 5(3)(b)(iii)(iv) 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(13)(b)(i) (with reg. 10(1))

F48Words in Sch. 4 para. 5(3)(b)(v) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 416 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Marginal Citations

[F55Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any courtE+W

5A.—(1) This paragraph applies to proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal) relating to—

(a)an injunction under Part 1 of the 2014 Act; or

(b)a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 where an injunction is granted under Part 1 of the 2014 Act.

(2) The fixed amounts and hourly rates for—

(a)determining whether the lower or higher fee limit has been reached, and

(b)claiming costs in cases which fall outside the fixed fee limits, are specified in the table following this sub-paragraph.

[F56Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court

All Areas
Routine letters written and telephone calls per item£4.09
Preparation hourly rate£52.15
Advocacy hourly rate (including applications for bail and other applications to the court)£65.42
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)£35.68]

(3) The table following this sub-paragraph sets out the fees and fee limits for representation in any court.

[F57Higher and Lower Fees Table

Lower fee (£)Lower fee limit (£)Higher fee (£)Higher fee limit (£)
Uncontested182.01313.19437.81542.63
Contested321.37538.02737.08896.59]

(4) The hourly rate for travelling and waiting in any court is [F58£27.60].]

Textual Amendments

[F59Representation in the youth courtE+W

5B.—(1) Subject to sub-paragraph (2), this paragraph applies to—

(a)proceedings in the youth court;

(b)subject to sub-paragraph (3), proceedings in a magistrates’ court which is not a youth court—

(i)to which sections 46(1)(a), (b) or (c) of the 1933 Act (assignment of certain matters to youth courts) apply; or

(ii)to which section 18 of the Children and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons) applies; and

(c)proceedings relating to bail or remand—

(i)which fall within the jurisdiction conferred on the youth court; and

(ii)are heard in a magistrates’ court which is not a youth court.

(2) This paragraph does not apply where paragraph 5A applies.

(3) (a) This paragraph does not apply to claims for fees by a litigator who is acting in proceedings referred to in sub-paragraph (1)(b), where the condition in paragraph (b) of this sub-paragraph is met.

(b)The condition is that if the charge were brought solely against the assisted person(s)—

(i)the proceedings would not fall within the jurisdiction conferred on the youth court;

(ii)section 46(1) of the 1933 Act (assignment of certain matters to youth courts) would not apply to the proceedings; and

(iii)section 18 of the Child and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons) would not apply to the proceedings.

(4) The fixed amounts and hourly rates for representation in proceedings to which this paragraph applies for—

(a)recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and

(b)claiming costs in cases which fall outside the Standard Fee payment schemes,

are specified in the table following this sub-paragraph.

Representation in the youth court

All Areas (£)
Routine letter written and telephone calls per item4.09
Preparation hourly rate52.15
Advocacy hourly rate (including applications for bail and other applications to the court)65.42
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)35.68
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply)27.60
Additional fee for cases which fall outside the Standard Fee payment schemes (only claimable in cases falling under Category 1A or 2A in the table following sub-paragraph (5))598.59

(5) The fees and fee limits for the Standard Fee payment scheme for representation in proceedings to which this paragraph applies are specified in the table following this sub-paragraph.

Higher and Lower Standard Fees table

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A884.61313.191,141.17542.63
Category 1B232.53313.19500.99542.63
Category 2A995.73538.021,430.44896.59
Category 2B397.14538.02831.85896.59
Undesignated Area Standard Fees
Category 1A822.47313.191,072.74542.63
Category 1B182.01313.19437.81542.63
Category 2A919.96538.021,335.67896.59
Category 2B321.37538.02737.08896.59

(6) In the table following sub-paragraph (5)—

(a)the reference to “Category 1A” cases is a reference to the following proceedings (other than proceedings referred to in paragraph (c))—

(i)guilty pleas in proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);

(ii)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which are discontinued or withdrawn or where the prosecution offers no evidence;

(iii)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which result in a bind over; and

(iv)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);

(b)the reference to “Category 1B” cases is a reference to the following proceedings (other than proceedings referred to in paragraph (d))—

(i)summary only guilty pleas (other than proceedings referred to in paragraph (a)(i)(cc));

(ii)uncontested proceedings arising out of a breach of an order of a magistrates’ court;

(iii)proceedings relating to summary offences which are discontinued or withdrawn or where the prosecution offers no evidence (other than proceedings referred to in paragraph (a)(ii)(cc));

(iv)proceedings relating to summary offences which result in a bind over (other than proceedings referred to in paragraph (a)(iii)(cc));

(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to summary offences (other than proceedings referred to in paragraph (a)(iv)(cc));

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

(vii)proceedings relating to either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small);

(c)the reference to “Category 2A” cases is a reference to the following proceedings —

(i)contested trials relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);

(ii)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which were listed and fully prepared for trial but disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which were listed and fully prepared for trial in the magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case; and

(iv)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

where mixed pleas are entered;

(d)the reference to “Category 2B” cases is a reference to—

(i)contested trials relating to—

(aa)summary offences (other than proceedings referred to in paragraph (c)(i)(cc)); or

(bb)either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small);

(ii)proceedings relating to—

(aa)summary offences (other than proceedings referred to in paragraph (c)(ii)(cc)); or

(bb)either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),

which were listed and fully prepared for trial in a magistrates’ court but are disposed of by a guilty plea on the day of the trial before the opening of the prosecution case;

(iii)proceedings relating to—

(aa)summary offences (other than proceedings referred to in paragraph (c)(iii)(cc)); or

(bb)either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),

which were listed and fully prepared for trial in the magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv)proceedings relating to—

(aa)summary offences (other than proceedings referred to in paragraph (c)(iv)(cc)); or

(bb)either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),

where mixed pleas are entered;

(v)contested proceedings relating to a breach of an order of a magistrates’ court; and

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made.

(7) The fees payable to Assigned Counsel for representation in the youth court are subject to the limits specified in the table following paragraph 12.

(8) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is £208.61.

(9) In this paragraph—

“the 1933 Act” means the Children and Young Persons Act 1933;

“the 1980 Act” means the Magistrates’ Courts Act 1980;

“youth court” has the same meaning as in section 45(1) (constitution of youth courts) of the 1933 Act.]

Textual Amendments

Own client workE+W

6.—(1) The fixed amounts and hourly rates for Pre-Order Cover, Early Cover and means test form completion are specified in the table following this paragraph.

(2) The amount payable for Pre-Order cover is subject to an Upper Limit of—

(a)[F60£55.14] per claim in London; and

(b)[F60£52.15] per claim outside London (“National”).

(3) The Fixed Fee for Early Cover is [F61£78.71].

(4) The refused means test completion fee is [F62£26.23].

[F63Work undertaken prior to a determination that an individual is not eligible for criminal legal aid

Column headerLondon (£)National (£)
Routine letters written and telephone calls per item4.264.09
Preparation hourly rate55.1452.15
Advocacy (including applications for bail and other applications to the court) hourly rate65.4265.42
Travelling and waiting hourly rate (only applicable where the Undesignated Area fees apply)N/A27.60]

Textual Amendments

Representation in proceedings prescribed as criminal proceedings under section 14(h) of the ActE+W

7.—(1) The fixed amounts and hourly rates for representation in the Crown Court in proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal from a magistrates' court [F64or where paragraph 5A applies]) are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F65£1,574.06].

[F66Representation in Prescribed Proceedings in a Crown Court

London (£)National (£)
Routine letters written and telephone calls per item4.264.09
Preparation hourly rate55.1452.15
Advocacy hourly rate65.4265.42
Travelling and waiting hourly rate27.6027.60]

(2) The fixed amounts and hourly rates for representation in the High Court [F67, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F68(except where paragraph 5A or paragraph 10 applies)] are specified in the table following this sub-paragraph [F69and this Unit of Work is subject to an Upper Limit of [F70£1,574.06]].

[F71Representation in Prescribed Proceedings in the High Court, the family court or a county court

London (£)National (£)
Routine letters out per item7.876.92
Routine telephone calls per item4.363.83
All other preparation work hourly rate78.71 (83.42 where Provider’s office is in London)69.26 (73.46 where Provider’s office is in London)
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate38.8234.11
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate78.7169.26
Travelling and waiting hourly rate34.8930.65]

(3) The fees payable to Assigned Counsel for representation in the High Court [F72, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act are subject to the limits specified in the table following paragraph 12.

Textual Amendments

Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review CommissionE+W

8.  The fixed amounts and hourly rates for Advice and Assistance on an appeal against conviction or sentence pursuant to a determination made under section 15 of the Act (except where there is a subsisting section 16 determination) or an application to the Criminal Cases Review Commission are specified in the table following this paragraph and are subject to an Upper Limit of—

(a)[F73£314.81] for Advice and Assistance on appeals against conviction or sentence; and

(b)[F74£524.69] for Advice and Assistance on an application to the Criminal Cases Review Commission.

[F75Advice and Assistance on an appeal against conviction or sentence or application to the Criminal Cases Review Commission

London (£)National (£)
Routine letters written and routine telephone calls per item4.043.89
Preparation hourly rate52.1549.22
Travel and waiting hourly rate27.6027.60]

Textual Amendments

Representation on an appeal by way of case statedE+W

9.—(1) The fixed amounts and hourly rates for representation on an appeal by way of case stated are specified in the table following this sub-paragraph.

[F76Representation on an appeal by way of case stated in the High Court

High Court (£)
Routine letters out per item7.87
Routine telephone calls per item4.36
All other preparation work – hourly rate78.71 (83.42 where the Provider’s office is in London)
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate38.82
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate78.71
Travel and waiting hourly rate34.89]

(2) The fees payable to Assigned Counsel for representation in the High Court on an appeal by way of case stated are subject to the limits specified in the table following paragraph 12.

Textual Amendments

Representation in the Crown Court on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the ActE+W

10.  The fixed amounts and hourly rates for representation in the Crown Court pursuant to a section 16 determination on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F77or an appeal to the County Court relating to an injunction under Part 1 of the 2014 Act or a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 made in connection with an injunction under Part 1 of the 2014 Act] are specified in the table following this paragraph, and this Unit of Work is subject to an Upper Limit of [F78£1,574.06].

[F79London (£)National (£)
Routine letters written and telephone calls per item4.264.09
Preparation hourly rate55.1452.15
Advocacy hourly rate65.4265.42
Travelling and waiting hourly rate27.6027.60]

Textual Amendments

Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law casesE+W

11.—(1) The Fixed Fee for Advice and Assistance in F80...Sentence Cases, Disciplinary Cases and Parole Board Cases is [F81£200.75] and the Escape Fee Threshold is [F82£602.25].

(2) The fixed amounts and hourly rates for recording time and to determine whether the Escape Fee Threshold has been reached are specified in the table following this sub-paragraph.

[F83Hourly rates for determining whether Escape Fee Threshold reached

All areas (£)
Routine letters written and routine telephone calls per item3.38
Preparation hourly rate42.80
Travel and waiting hourly rate24.00]

(3) The fixed amounts and hourly rates for Advocacy Assistance in Disciplinary Cases [F84and Sentence Cases], for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.

[F85[F86Hourly rates in Disciplinary Cases and Sentence Cases for determining application of Standard Fees]

All areas (£)
Routine letters written and routine telephone calls per item3.70
Preparation hourly rate51.24
Advocacy hourly rate62.28
Travel and waiting hourly rate24.00

[F87Higher and Lower Standard Fees table for Disciplinary Cases and Sentence Cases]

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
203.93357.06564.161,691.69]

(4) The fixed amounts and hourly rates for Advocacy Assistance in Parole Board Cases, for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.

[F88Hourly rates in Parole Board Cases for determining application of Standard Fees

All areas (£)
Routine letters written and routine telephone calls per item3.70
Preparation hourly rate51.24
Advocacy hourly rate62.28
Travel and waiting hourly rate24.00

Higher and Lower Standard Fees Table for Parole Board Cases

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
437.21933.931,454.444,362.54]

Textual Amendments

F80Words in Sch. 4 para. 11(1) omitted (2.12.2013) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(6) (with reg. 5(1))

F84Words in Sch. 4 para. 11(3) inserted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(2) (with reg. 5)

F86Words in Sch. 4 para. 11(3) table substituted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(3) (with reg. 5)

F87Words in Sch. 4 para. 11(3) table substituted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(4) (with reg. 5)

Payment for Assigned CounselE+W

12.—(1) This paragraph applies to the fees payable to Assigned Counsel for—

(a)representation in a magistrates' court;

(b)representation in the High Court[F89, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act; and

(c)representation in the High Court on an appeal by way of case stated.

(2) The fees payable to Assigned Counsel are subject to the limits specified in the table following this paragraph.

[F90Payment for Assigned Counsel

Junior Counsel (£)Queen’s Counsel (£)
Basic fee for preparation, including for a pre-trial review and, where appropriate, the first day’s hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation).Maximum amount 491.05Maximum amount 4,664.40
Refresher daily fee (for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation)).Maximum amount 169.05Maximum amount 311.66
Subsidiary fees:
Attendance at consultations, conferences and views not covered by the basic fee or the refresher fee30.69 per hour – minimum amount 15.2457.19 per hour – minimum amount 29.38
Written work (on evidence, plea, appeal, cases stated or other written work).Maximum amount 53.79Maximum amount 110.18
Attendance at pre-trial reviews, applications and other appearances (including bail applications and adjournments for sentence) not covered by the basic fee or the refresher feeMaximum amount 98.65Maximum amount 215.12]

Textual Amendments

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