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Regulation 8

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

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 2010 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)[F2£28.70] per claim in London; and

(b)[F3£27.60] per claim outside London (“National”)

(2) The Criminal Defence Direct Fixed Acceptance Fee is [F4£7.30] 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.

[F5London (£) National (£)
Police Station attendance hourly rates
Own or Duty Solicitor £51.28£47.45
Duty Solicitor (Unsocial Hours)£63.01£63.01
Duty Solicitor – serious offence rate£59.31£54.75
Duty Solicitor – serious offence rate (Unsocial Hours)£73.00£73.00
Travel and waiting hourly rates
Own Solicitor£26.28£26.28
Duty Solicitor£51.28£47.45
Duty Solicitor (Unsocial Hours)£63.01£63.01]

(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 [F62017 Standard Crime Contract] Guidance for reporting crime lower work M1.

Police Station Attendance – Fixed Fees and Escape Fee Thresholds

[F7Criminal Justice System AreaSchemeFixed Fee (£)Escape Fee Threshold (£)
ClevelandHartlepool131.40405.40
Teesside135.96417.03
DurhamDarlington154.54463.62
South Durham152.39468.28
Durham177.94554.48
Derwentside171.63514.90
Easington166.99512.54
NorthumbriaSouth East Northumberland148.33444.98
Newcastle upon Tyne137.79424.01
Gateshead142.90428.69
North Tyneside140.53431.02
South Tyneside133.23410.05
Sunderland / Houghton Le Spring148.74458.97
Berwick & Alnwick177.03545.17
Tynedale & Hexham154.21475.28
Avon & SomersetAvon North & Thornbury177.94561.49
Bath193.37580.10
Mendip & South Somerset216.67650.02
Bristol159.98479.94
Sedgemore / Taunton Deane181.59615.06
Weston-Super-Mare180.95542.85
DorsetCentral Dorset182.50547.50
Bournemouth & Christchurch145.22435.67
Poole East Dorset153.30470.60
Bridport / West Dorset146.00438.00
WiltshireSalisbury174.29535.84
Chippenham / Trowbridge187.94563.82
Swindon171.55528.86
GloucestershireCheltenham157.86486.92
Gloucester155.13477.61
Stroud177.94547.50
Devon & CornwallBarnstaple173.96521.88
Exeter154.54463.62
Plymouth179.40538.19
East Cornwall198.93675.64
Carrick / Kerrier (Camborne) / Penwith177.94563.82
Teignbridge / Torbay163.17489.25
StaffordshireStoke on Trent / Leek177.94563.82
Stafford / Cannock & Rugeley177.94547.50
Lichfield & Tamworth / Burton Upon Trent / Uttoxeter172.46531.18
WarwickshireLeamington / Nuneaton / Rugby178.61535.84
West MerciaHereford / Leominster155.32465.95
Kidderminster / Redditch198.81596.42
Shrewsbury166.08510.22
Telford172.46531.18
Worcester180.95542.85
West MidlandsSandwell176.11540.52
Wolverhampton & Seisdon176.11540.52
Dudley & Halesowen173.18519.55
Walsall177.94549.83
Birmingham177.94566.14
Solihull187.16561.49
Coventry153.77461.30
Dyfed PowysAmman Valley177.94570.80
Carmarthen East Dyfed201.92605.75
Llanelli138.70426.34
Brecon & Radnor203.47610.41
Mid Wales155.32465.95
North Ceredigion / South Ceredigion204.24612.73
Pembrokeshire166.99514.90
GwentEast Gwent169.73521.88
Newport166.99512.54
Lower Rhymney Valley / North Bedwellty/ South Bedwellty177.94556.81
North WalesBangor & Caernarfon189.49568.47
Colwyn Bay173.38533.51
Denbighshire188.71566.14
Dolgellau188.71566.14
Mold & Hawarden177.94554.48
North Anglesey197.26591.77
Pwllheli133.57400.72
Wrexham161.53484.59
South WalesCardiff177.94587.11
Vale of Glamorgan208.13624.40
Cynon Valley177.94563.82
Mid Glamorgan & Miskin177.94587.11
Merthyr Tydfil177.94582.46
Port Talbot219.00740.88
Newcastle & Ogmore177.94596.42
Neath180.68612.73
Swansea171.55528.86
MerseysideBootle & Crosby162.43498.58
Southport135.91407.72
Liverpool179.40538.19
St Helens153.30472.96
Knowsley165.16507.89
Wirral157.86484.59
CheshireCrewe & Nantwich / Sandbach & Congleton / Macclesfield176.11540.52
Warrington / Halton154.54463.62
Chester / Vale Royal (Northwich)160.76482.27
CumbriaBarrow in Furness153.77461.30
Kendal & Windermere183.28549.83
Penrith / Carlisle173.18519.55
Whitehaven / Workington143.67431.02
Greater ManchesterManchester177.94587.11
Stockport167.74503.23
Trafford177.94559.16
Salford177.94570.80
Bolton164.64493.93
Bury159.98479.94
Wigan170.07510.22
Rochdale / Middleton169.30507.89
Tameside156.04479.94
Oldham137.46412.38
LancashireBurnley / Rossendale162.31486.92
Blackburn / Accrington / Ribble Valley177.94580.10
Blackpool126.58379.75
Fleetwood129.69389.08
Lancaster159.20477.61
Chorley / Ormskirk / South Ribble & Leyland174.73524.20
Preston142.90428.69
KentDartford & Gravesend232.98698.94
Ashford & Tenterden / Dover / Folkestone205.31696.61
Medway205.02615.06
Swale243.07729.22
Maidstone & West Malling216.67650.02
Canterbury / Thanet177.94603.43
West Kent (Tonbridge)208.13624.40
SurreyGuildford & Farnham179.76610.41
North West Surrey (Woking)196.19666.31
South East Surrey207.14703.59
Epsom209.88712.93
Staines240.90815.42
SussexBrighton & Hove & Lewes183.41622.04
Chichester & District162.43498.58
Crawley / Horsham228.32684.95
Hastings142.35438.00
Worthing164.25505.56
Eastbourne173.18519.55
DerbyshireEast Derbyshire (Ripley) / Ilkeston206.57619.72
Ashbourne / Matlock / High Peak (Buxton)190.27570.80
Chesterfield177.84533.51
Derby / Swadlincote177.94570.80
LeicestershireAshby & Coalville / Loughborough / Melton Mowbray181.72545.17
Leicester177.94552.15
Hinckley / Market Harborough201.92605.75
LincolnshireBoston, Bourne, Stamford173.38533.51
Skegness156.09468.28
Lincoln / Gainsborough161.53484.59
Grantham & Sleaford159.69491.57
NottinghamshireMansfield160.60493.93
Newark180.17540.52
Nottingham179.40538.19
Worksop & East Retford170.64524.20
NorthamptonshireCorby (Kettering) / Wellingborough157.65472.96
Northampton170.85512.54
BedfordshireBedford167.90517.22
Luton177.94601.07
CambridgeshireCambridge162.43500.91
Ely177.94575.45
Huntingdon173.18519.55
March & Wisbech171.63514.90
Peterborough142.90428.69
EssexBasildon177.94549.83
Brentwood249.11845.72
Braintree198.93673.32
Clacton & Harwich / Colchester177.94563.82
Grays232.69789.80
Harlow & Loughton232.69789.80
Stansted257.33873.67
Rayleigh / Southend on Sea166.97500.91
Chelmsford / Witham176.11542.85
HertfordshireDacorum (Hemel Hempstead)209.88710.57
Bishop’s Stortford / East Hertfordshire254.59864.34
Stevenage & North Hertfordshire236.34801.46
St. Albans214.44702.25
Watford210.79715.25
NorfolkCromer & North Walsham184.33624.40
Great Yarmouth168.52505.56
Kings Lynn & West Norfolk164.64493.93
Norwich & District169.30507.89
Diss / Thetford175.20538.19
Dereham198.01670.99
SuffolkLowestoft / Beccles & Halesworth / Aldeburgh169.30507.89
Felixstowe / Ipswich & District / Woodbridge172.41517.22
Sudbury & Hadleigh / Bury St. Edmunds / Haverhill / Newmarket177.94552.15
Thames ValleyAbingdon, Didcot & Witney (South Oxfordshire)208.96708.25
Aylesbury198.81596.42
High Wycombe & Amersham190.71647.69
Milton Keynes165.16507.89
Bicester / North Oxon (Banbury)194.36659.33
Oxford194.36659.33
Reading188.71566.14
Slough (East Berkshire)208.96708.25
West Berkshire (Newbury etc.)174.73524.20
HampshireAldershot / Petersfield (North East Hampshire)199.84677.97
Andover / Basingstoke / Winchester (North West Hampshire)210.46631.38
Isle of Wight171.63514.90
Portsmouth / Waterlooville (South East Hampshire)176.29528.86
Gosport & Fareham215.11645.34
Southampton (South West Hampshire)198.81596.42
HumbersideGrimsby & Cleethorpes134.35403.04
Scunthorpe144.18444.98
Hull153.30470.60
Beverley / Bridlington177.94587.11
Goole182.50617.39
North YorkshireNorthallerton & Richmond191.82575.45
Harrogate & Ripon184.05552.15
Skipton, Settle & Ingleton177.94547.50
Scarborough / Whitby152.39468.28
Malton & Rydale146.78440.33
York / Selby159.69491.57
South YorkshireBarnsley158.78489.25
Doncaster153.30470.60
Rotherham162.43500.91
Sheffield166.99514.90
West YorkshireHalifax173.96521.88
Huddersfield146.78440.33
Dewsbury159.20477.61
Bradford135.96419.36
Keighley & Bingley153.30470.60
Leeds144.18442.65
Pontefract & Castleford141.34424.01
Wakefield139.61428.69
LondonBarking224.48761.85
Bexley200.75680.30
Bishopsgate234.51794.45
Brent219.00740.88
Brentford222.65754.84
Bromley211.70717.58
Camberwell Green219.00743.20
Central London237.25803.78
Clerkenwell / Hampstead221.74750.18
Croydon216.26731.54
Ealing229.95780.67
Enfield218.09738.55
Greenwich / Woolwich208.96708.25
Haringey225.39764.17
Harrow219.00743.20
Havering204.40691.96
Heathrow274.66931.93
Hendon / Barnet220.83747.86
Highbury Corner229.95778.16
Kingston-Upon-Thames228.13773.48
Newham219.91745.53
Old Street219.00743.20
Redbridge225.39764.17
Richmond-Upon-Thames240.90815.42
South London229.95778.16
Sutton218.09738.55
Thames218.09738.55
Tower Bridge232.69789.80
Uxbridge210.79715.25
Waltham Forest204.40694.28
West London235.43799.10
Wimbledon223.56757.19]

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.

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 [F8£273.75].

Free standing Advice and Assistance

[F9London (£)National (£)
Routine letters written and routine telephone calls per item3.513.38
Preparation hourly rate45.3542.80
Travel and waiting hourly rate24.0024.00]

(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 [F10£1,368.75].

[F11Table 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 Solicitor3.513.38
Duty Solicitor (Unsocial Hours)4.654.47
Preparation hourly rate
Own Solicitor and Duty Solicitor45.3542.80
Duty Solicitor (Unsocial Hours)60.5057.03
Advocacy hourly rate
Own Solicitor and Duty Solicitor53.8453.84
Duty Solicitor (Unsocial Hours)71.7771.77
Travelling and waiting hourly rate
Own Solicitor and Duty Solicitor24.0024.00
Duty Solicitor (Unsocial Hours)31.9831.98]

[F11Table B

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

London (£)National (£)
Routine letter out per item6.846.84
Routine telephone calls per item3.793.79
All other preparation work, hourly rate72.5468.44
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment, hourly rate33.7633.76
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 rate68.4468.44
Travelling and waiting, hourly rate30.3430.34]

(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 [F10£1,368.75].

Advocacy Assistance for armed forces custody hearings

[F12London (£)National (£)
Routine letters written and telephone calls (per item)
Own Solicitor and Duty Solicitor3.513.38
Duty Solicitor(Unsocial Hours)4.654.47
Preparation hourly rate
Own Solicitor and Duty Solicitor45.3542.80
Duty Solicitor (Unsocial Hours)60.5057.03
Advocacy hourly rate
Own Solicitor and Duty Solicitor53.8453.84
Duty Solicitor (Unsocial Hours)71.7771.77
Travelling and waiting hourly rate
Own Solicitor and Duty Solicitor24.0024.00
Duty Solicitor (Unsocial Hours)31.9831.98]

(4) The fixed amounts and hourly rates for Advocacy Assistance in [F13magistrates’ 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 [F10£1,368.75].

[F14Advocacy Assistance in magistrates’ courts in connection with an application relating to police bail]

[F15London (£)National (£)
Routine letters written and telephone calls per item3.703.56
Preparation hourly rate47.9545.35
Advocacy hourly rate56.8956.89
Travelling and waiting hourly rate24.0024.00]

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.

Advice and Assistance and Advocacy Assistance by a court Duty Solicitor

[F16London (£)National (£)
Standard hourly rate (attendance and waiting at a magistrates’ court)50.3249.14
Enhanced hourly rate (only payable in respect of work done on a day which is not a Business Day)62.8761.41
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)).24.0024.00]

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

Advocacy Assistance at the Virtual Court

[F17London (£)National (£)
Virtual Court Fixed Fee where the hearing is held during Business Hours182.50136.88
Virtual Court Fixed Fee where the hearing is held during Unsocial hours219.00164.25]

Textual Amendments

Representation in the Magistrates' CourtE+W

5.—[F18(A1) This paragraph does not apply where paragraph 5A applies.]

(1) The fixed amounts and hourly rates [F19for representation in a magistrates’ court F20...] 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.

Representation in a magistrates’ court

[F21All Areas
Routine letters written and telephone calls per item£3.56
Preparation hourly rate£45.35
Advocacy hourly rate (including applications for bail and other applications to the court)£56.89
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)£31.03
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply) £24.00]

(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 [F22(except where paragraph 5A applies)].

Higher and Lower Standard Fees Table

[F23Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A248.71272.34471.81471.85
Category 1B202.20272.34435.64471.85
Category 2345.34467.84723.35779.64
Undesignated Area Standard Fees
Category 1A194.68272.34412.30471.85
Category 1B158.27272.34380.70471.85
Category 2279.45467.84640.94779.64]

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

(a)the reference to “Category 1A” cases is a reference to the following proceedings—

(i)either way guilty pleas;

[F24(ia)guilty pleas in proceedings for low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting);]

(ii)indictable only cases heard in the Youth Court;

(iii)proceedings F25...relating to either way offences [F26or proceedings referred to in sub-paragraph (ia)] which are discontinued or withdrawn or where the prosecution offer no evidence; and

(iv)proceedings F25... relating to either way offences [F27or proceedings referred to in sub-paragraph (ia)] which result in a bind over;

(b)the reference to “Category 1B” cases is a reference to the following proceedings [F28(other than proceedings referred to in paragraph (a)(ia))]—

(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 F29... relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv)proceedings F29... 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 section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 M2;

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 M3, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; F30...

(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 M4;

(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

F31(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.

F32(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33(6) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is £181.40.]

Textual Amendments

F24Sch. 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)

F25Words 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))

F29Words 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))

Marginal Citations

[F34Representation 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.

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

[F35All Areas
Routine letters written and telephone calls per item£3.56
Preparation hourly rate£45.35
Advocacy hourly rate (including applications for bail and other applications to the court)£56.89
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)£31.03]

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

Higher and Lower Fees Table

[F36Lower fee (£)Lower fee limit (£)Higher fee (£)Higher fee limit (£)
Uncontested158.27272.34380.70471.85
Contested279.45467.84640.94779.64]

(4) The hourly rate for travelling and waiting in any court is [F37£24.00]].

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)[F38£47.95] per claim in London; and

(b)[F39£45.35] per claim outside London (“National”).

(3) The Fixed Fee for Early Cover is [F40£68.44].

(4) The refused means test completion fee is [F41£22.81].

[F42Work undertaken prior to a determination that an individual is not eligible for criminal legal aid

London (£)National (£)
Routine letters written and telephone calls per item3.703.56
Preparation hourly rate47.9545.35
Advocacy (including applications for bail and other applications to the court) hourly rate56.8956.89
Travelling and waiting hourly rate (only applicable where the Undesignated Area fees apply) N/A 24.00]

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 [F43or 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 [F10£1,368.75].

Representation in Prescribed Proceedings in a [F44Crown Court]

[F45London (£)National (£)
Routine letters written and telephone calls per item3.703.56
Preparation hourly rate47.9545.35
Advocacy hourly rate56.8956.89
Travelling and waiting hourly rate24.0024.00]

(2) The fixed amounts and hourly rates for representation in the High Court [F46, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F47(except where paragraph 5A or paragraph 10 applies)] are specified in the table following this sub-paragraph [F48and this Unit of Work is subject to an Upper Limit of £1,368.75].

[F49Representation in Prescribed Proceedings in the High Court [F50, the family court] or a county court

London (£)National (£)
Routine letters out per item6.846.02
Routine telephone calls per item3.793.33
All other preparation work hourly rate68.44 (72.54 where Provider’s office is in London)60.23 (63.88 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 rate33.7629.66
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 rate68.4460.23
Travelling and waiting hourly rate30.3426.65]

(3) The fees payable to Assigned Counsel for representation in the High Court [F51, 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)[F52£273.75] for Advice and Assistance on appeals against conviction or sentence; and

(b)[F53£456.25] for Advice and Assistance on an application to the Criminal Cases Review Commission.

[F54Advice 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 item3.513.38
Preparation hourly rate45.3542.80
Travel and waiting hourly rate24.0024.00]

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.

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

[F55High Court (£)
Routine letters out per item6.84
Routine telephone calls per item3.79
All other preparation work – hourly rate68.44 (72.54 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 rate33.76
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 rate68.44
Travelling and waiting hourly rate30.34]

(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 [F56or 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 [F10£1,368.75]

London (£)National (£)
[F57Routine letters written and telephone calls per item3.703.56
Preparation hourly rate47.9545.35
Advocacy hourly rate56.8956.89
Travelling and waiting hourly rate24.0024.00]

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 F58...Sentence Cases, Disciplinary Cases and Parole Board Cases is [F59£200.75] and the Escape Fee Threshold is [F60£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.

[F61Hourly 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 [F62and 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.

[F63[F64Hourly 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

[F65Higher 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.

[F66Hourly 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

F58Words 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))

F62Words 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)

F64Words 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)

F65Words 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[F67, 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.

Payment for Assigned Counsel

[F68Junior 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: 427.00maximum amount: 4,056.00
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: 147.00maximum amount: 271.01
Subsidiary fees:
Attendance at consultations, conferences and views not covered by the basic fee or the refresher fee.26.69 per hour – minimum amount: 13.2549.73 per hour – minimum amount 25.55
Written work (on evidence, plea, appeal, case stated or other written work).maximum amount: 46.77maximum amount: 95.81
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 fee.maximum amount: 85.78maximum amount: 187.06]

Textual Amendments