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The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015
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- UK Statutory Instruments
- 2015 No. 1369
- SCHEDULE 10
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Regulation 6(7)(s)
SCHEDULE 10Substitution for paragraph 23(2) of Schedule 2 to the Criminal Remuneration Regulations
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“(2) Where in a case on indictment the warrant is not executed within three months of the date on which it was issued, the fee payable to the litigator is—
(a)where the warrant is issued at or before the plea and case management hearing—
(i)in a case in which the number of pages of prosecution evidence served on the court is less than or equal to 500, a fee determined in accordance with paragraph 3AA for representing an assisted person in a guilty plea, as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court;
(ii)in a case in which the number pages of prosecution evidence served on the court exceeds 500, a fee calculated in accordance with paragraph 8 for representing an assisted person in a guilty plea, as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court;
(b)where the warrant is issued after the plea and case management hearing but before the trial—
(i)in a case in which the number of pages of prosecution evidence served on the court is less than or equal to 500, a fee determined in accordance with paragraph 3AA for representing an assisted person in a cracked trial, as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court;
(ii)in a case in which the number pages of prosecution evidence served on the court exceeds 500, a fee calculated in accordance with paragraph 8 for representing an assisted person in a cracked trial, as appropriate to the offence with which the assisted person is charged and the pages of prosecution evidence served on the court;
(c)where the warrant is issued during the trial, and the trial is aborted as a result—
(i)in a case in which the number of pages of prosecution evidence served on the court is less than or equal to 500, a fee determined in accordance with paragraph 3AA for representing an assisted person in a trial, as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court;
(ii)in a case in which the number pages of prosecution evidence served on the court exceeds 500, a fee calculated in accordance with paragraph 7 or, where appropriate, paragraph 9 for representing an assisted person in a trial, as appropriate to the offence with which the assisted person is charged, the number of pages of prosecution evidence served on the court and the length of the trial.
(2A) For the purpose of sub-paragraph 2(c)(ii), the length of the trial is determined as at the date the warrant is issued.”
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