The Criminal Legal Aid (Remuneration) Regulations 2013

Representation in the Magistrates' Court E+W

5.—(1) The fixed amounts and hourly rates 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.

[F1 Representation in a magistrates’ court

	All 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.

[F2 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 1A	248.71	272.34	471.81	471.85
Category 1B	202.20	272.34	435.64	471.85
Category 2	345.34	467.84	723.35	779.64
Category 3	326.56	412.63	670.29	720.42
Undesignated Area Standard Fees
Category 1A	194.68	272.34	412.30	471.85
Category 1B	158.27	272.34	380.70	471.85
Category 2	279.45	467.84	640.94	779.64
Category 3	252.31	412.63	571.68	720.42]

(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;

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

(iii) proceedings (other than committal proceedings) relating to either way offences which are discontinued or withdrawn or where the prosecution offer no evidence; and

(iv) proceedings (other than committal proceedings) relating to either way offences which result in a bind over;

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

(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 (other than committal proceedings) relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv) proceedings (other than committal proceedings) 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 M1 ;

(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; and

(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

(d) the reference to “Category 3” cases is a reference to committal proceedings which are discontinued or withdrawn.

(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.

(5) In this paragraph “committal proceedings” means proceedings in a magistrates' court up to and including a hearing at which an assisted person is committed to the Crown Court for trial under section 6(1) or (2) of the Magistrates' Courts Act 1980 M4 .

Textual Amendments

F1 Sch. 4 para. 5(1) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), Sch. 3 para. 10 (with reg. 3)

F2 Sch. 4 para. 5(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), Sch. 3 para. 11 (with reg. 3)

Marginal Citations

M1 2000 c. 6.

M2 S.I. 2013/9.

M3 1980 c. 43.

M4 1980 c. 43.