Statutory Instruments
2018 No. 1323
Legal Aid And Advice, England And Wales
The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018
Made
7th December 2018
Laid before Parliament
10th December 2018
Coming into force
31st December 2018
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 2(3) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1).
PART 1Preliminary
Citation and commencement
1. These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 and come into force on 31st December 2018.
PART 2Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013
Introductory
2. The Criminal Legal Aid (Remuneration) Regulations 2013(2) are amended in accordance with this Part.
Amendment of regulation 2 (interpretation)
3. In regulation 2(1), in the definition of “AGFS Banding Document” for “version 1.1 (February 2018)” substitute “version 1.2 (December 2018)”(3).
Amendment of Schedule 1 (advocates’ graduated fee scheme)
4. Schedule 1 is amended as follows.
5. In paragraph 5 (basic fees), for the table substitute—
| “(1) Band of offence | Amount of basic fee per category of trial advocate | ||
|---|---|---|---|
| (2) Junior Alone or Led Junior | (3) Leading Junior | (4) Queen’s Counsel | |
| 1.1 | £8,585 | £12,880 | £17,170 |
| 1.2 | £4,295 | £6,445 | £8,590 |
| 1.3 | £2,575 | £3,865 | £5,150 |
| 1.4 | £2,145 | £3,220 | £4,290 |
| 2.1 | £8,585 | £12,880 | £17,170 |
| 2.2 | £2,575 | £3,865 | £5,150 |
| 3.1 | £3,535 | £5,305 | £7,070 |
| 3.2 | £2,020 | £3,030 | £4,040 |
| 3.3 | £1,200 | £1,800 | £2,400 |
| 3.4 | £850 | £1,275 | £1,700 |
| 3.5 | £750 | £1,125 | £1,500 |
| 4.1 | £2,020 | £3,030 | £4,040 |
| 4.2 | £1,565 | £2,350 | £3,130 |
| 4.3 | £1,515 | £2,275 | £3,030 |
| 5.1 | £1,900 | £2,850 | £3,800 |
| 5.2 | £1,415 | £2,125 | £2,830 |
| 5.3 | £1,010 | £1,515 | £2,020 |
| 6.1 | £8,485 | £12,730 | £16,970 |
| 6.2 | £7,700 | £11,550 | £15,400 |
| 6.3 | £2,855 | £4,285 | £5,710 |
| 6.4 | £1,010 | £1,515 | £2,020 |
| 6.5 | £810 | £1,215 | £1,620 |
| 7.1 | £1,415 | £2,125 | £2,830 |
| 7.2 | £810 | £1,215 | £1,620 |
| 7.3 | £760 | £1,140 | £1,520 |
| 8.1 | £1,210 | £1,815 | £2,420 |
| 9.1 | £5,860 | £8,790 | £11,720 |
| 9.2 | £4,040 | £6,060 | £8,080 |
| 9.3 | £3,030 | £4,545 | £6,060 |
| 9.4 | £2,650 | £3,975 | £5,300 |
| 9.5 | £1,615 | £2,425 | £3,230 |
| 9.6 | £1,210 | £1,815 | £2,420 |
| 9.7 | £810 | £1,215 | £1,620 |
| 10.1 | £2,220 | £3,330 | £4,440 |
| 11.1 | £1,400 | £2,100 | £2,800 |
| 11.2 | £800 | £1,200 | £1,600 |
| 12.1 | £2,120 | £3,180 | £4,240 |
| 12.2 | £1,315 | £1,975 | £2,630 |
| 12.3 | £910 | £1,365 | £1,820 |
| 13.1 | £1,800 | £2,700 | £3,600 |
| 14.1 | £2,325 | £3,490 | £4,650 |
| 15.1 | £1,615 | £2,425 | £3,230 |
| 15.2 | £1,400 | £2,100 | £2,800 |
| 15.3 | £850 | £1,275 | £1,700 |
| 16.1 | £2,220 | £3,330 | £4,440 |
| 16.2 | £1,615 | £2,425 | £3,230 |
| 16.3 | £1,010 | £1,515 | £2,020 |
| 17.1 | £725 | £1,090 | £1,450”. |
6. In paragraph 5A (daily attendance fees), for the table substitute—
| “(1) Band of offence | Amount of daily attendance fee per category of trial advocate | ||
|---|---|---|---|
| (2) Junior Alone or Led Junior | (3) Leading Junior | (4) Queen’s Counsel | |
| 1.1 | £580 | £870 | £1,160 |
| 1.2 | £580 | £870 | £1,160 |
| 1.3 | £580 | £870 | £1,160 |
| 1.4 | £580 | £870 | £1,160 |
| 2.1 | £580 | £870 | £1,160 |
| 2.2 | £580 | £870 | £1,160 |
| 3.1 | £505 | £760 | £1,010 |
| 3.2 | £505 | £760 | £1,010 |
| 3.3 | £505 | £760 | £1,010 |
| 3.4 | £505 | £760 | £1,010 |
| 3.5 | £400 | £600 | £800 |
| 4.1 | £530 | £795 | £1,060 |
| 4.2 | £505 | £760 | £1,010 |
| 4.3 | £480 | £720 | £960 |
| 5.1 | £530 | £795 | £1,060 |
| 5.2 | £505 | £760 | £1,010 |
| 5.3 | £480 | £720 | £960 |
| 6.1 | £530 | £795 | £1,060 |
| 6.2 | £505 | £760 | £1,010 |
| 6.3 | £405 | £610 | £810 |
| 6.4 | £400 | £600 | £800 |
| 6.5 | £400 | £600 | £800 |
| 7.1 | £505 | £760 | £1,010 |
| 7.2 | £455 | £685 | £910 |
| 7.3 | £405 | £610 | £810 |
| 8.1 | £505 | £760 | £1,010 |
| 9.1 | £530 | £795 | £1,060 |
| 9.2 | £530 | £795 | £1,060 |
| 9.3 | £455 | £685 | £910 |
| 9.4 | £455 | £685 | £910 |
| 9.5 | £455 | £685 | £910 |
| 9.6 | £405 | £610 | £810 |
| 9.7 | £400 | £600 | £800 |
| 10.1 | £530 | £795 | £1,060 |
| 11.1 | £455 | £685 | £910 |
| 11.2 | £400 | £600 | £800 |
| 12.1 | £505 | £760 | £1,010 |
| 12.2 | £505 | £760 | £1,010 |
| 12.3 | £505 | £760 | £1,010 |
| 13.1 | £505 | £760 | £1,010 |
| 14.1 | £555 | £835 | £1,110 |
| 15.1 | £505 | £760 | £1,010 |
| 15.2 | £405 | £610 | £810 |
| 15.3 | £400 | £600 | £800 |
| 16.1 | £555 | £835 | £1,110 |
| 16.2 | £505 | £760 | £1,010 |
| 16.3 | £505 | £760 | £1,010 |
| 17.1 | £400 | £600 | £800”. |
7. In paragraph 6(2)(b) (scope of Part 3), for sub-paragraph (ii) substitute—
“(ii)the defendant pleads guilty to one or more counts on the indictment and the prosecution offer no evidence on a remaining count, or otherwise do not proceed to trial on a remaining count.”.
8.—(1) Paragraph 8 (basic fees for guilty pleas and cracked trials) is amended as follows.
(2) For Table A substitute—
“Table A
Basic fees where there is a guilty plea or where the trial cracks in the first third or the second third
| (1) Band of offence | Amount of basic fee per category of trial advocate | ||
|---|---|---|---|
| (2) Junior Alone or Led Junior | (3) Leading Junior | (4) Queen’s Counsel | |
| 1.1 | £4,295 | £6,440 | £8,585 |
| 1.2 | £2,150 | £3,220 | £4,295 |
| 1.3 | £1,290 | £1,930 | £2,575 |
| 1.4 | £1,075 | £1,610 | £2,145 |
| 2.1 | £4,295 | £6,440 | £8,585 |
| 2.2 | £1,290 | £1,930 | £2,575 |
| 3.1 | £1,770 | £2,650 | £3,535 |
| 3.2 | £1,010 | £1,515 | £2,020 |
| 3.3 | £600 | £900 | £1,200 |
| 3.4 | £425 | £640 | £850 |
| 3.5 | £375 | £565 | £750 |
| 4.1 | £1,010 | £1,515 | £2,020 |
| 4.2 | £785 | £1,175 | £1,565 |
| 4.3 | £760 | £1,135 | £1,515 |
| 5.1 | £950 | £1,425 | £1,900 |
| 5.2 | £710 | £1,060 | £1,415 |
| 5.3 | £505 | £760 | £1,010 |
| 6.1 | £4,245 | £6,365 | £8,485 |
| 6.2 | £3,850 | £5,775 | £7,700 |
| 6.3 | £1,430 | £2,140 | £2,855 |
| 6.4 | £505 | £760 | £1,010 |
| 6.5 | £405 | £610 | £810 |
| 7.1 | £710 | £1,060 | £1,415 |
| 7.2 | £405 | £610 | £810 |
| 7.3 | £380 | £570 | £760 |
| 8.1 | £605 | £910 | £1,210 |
| 9.1 | £2,930 | £4,395 | £5,860 |
| 9.2 | £2,020 | £3,030 | £4,040 |
| 9.3 | £1,515 | £2,275 | £3,030 |
| 9.4 | £1,325 | £1,990 | £2,650 |
| 9.5 | £810 | £1,210 | £1,615 |
| 9.6 | £605 | £910 | £1,210 |
| 9.7 | £405 | £610 | £810 |
| 10.1 | £1,110 | £1,665 | £2,220 |
| 11.1 | £700 | £1,050 | £1,400 |
| 11.2 | £400 | £600 | £800 |
| 12.1 | £1,060 | £1,590 | £2,120 |
| 12.2 | £660 | £985 | £1,315 |
| 12.3 | £455 | £685 | £910 |
| 13.1 | £900 | £1,350 | £1,800 |
| 14.1 | £1,165 | £1,745 | £2,325 |
| 15.1 | £810 | £1,210 | £1,615 |
| 15.2 | £700 | £1,050 | £1,400 |
| 15.3 | £425 | £640 | £850 |
| 16.1 | £1,110 | £1,665 | £2,220 |
| 16.2 | £810 | £1,210 | £1,615 |
| 16.3 | £505 | £760 | £1,010 |
| 17.1 | £365 | £545 | £725”. |
(3) For Table B substitute—
“Table B
Basic fees where the trial cracks in the final third
| (1) Band of offence | Amount of basic fee per category of trial advocate | ||
|---|---|---|---|
| (2) Junior Alone or Led Junior | (3) Leading Junior | (4) Queen’s Counsel | |
| 1.1 | £7,295 | £10,945 | £14,595 |
| 1.2 | £3,650 | £5,475 | £7,300 |
| 1.3 | £2,190 | £3,285 | £4,380 |
| 1.4 | £1,825 | £2,735 | £3,645 |
| 2.1 | £7,295 | £10,945 | £14,595 |
| 2.2 | £2,190 | £3,285 | £4,380 |
| 3.1 | £3,005 | £4,505 | £6,010 |
| 3.2 | £1,715 | £2,575 | £3,435 |
| 3.3 | £1,020 | £1,530 | £2,040 |
| 3.4 | £725 | £1,085 | £1,445 |
| 3.5 | £640 | £955 | £1,275 |
| 4.1 | £1,715 | £2,575 | £3,435 |
| 4.2 | £1,330 | £1,995 | £2,660 |
| 4.3 | £1,290 | £1,930 | £2,575 |
| 5.1 | £1,615 | £2,425 | £3,230 |
| 5.2 | £1,205 | £1,805 | £2,405 |
| 5.3 | £860 | £1,290 | £1,715 |
| 6.1 | £7,210 | £10,820 | £14,425 |
| 6.2 | £6,545 | £9,820 | £13,090 |
| 6.3 | £2,425 | £3,640 | £4,855 |
| 6.4 | £860 | £1,290 | £1,715 |
| 6.5 | £690 | £1,035 | £1,375 |
| 7.1 | £1,205 | £1,805 | £2,405 |
| 7.2 | £690 | £1,035 | £1,375 |
| 7.3 | £645 | £970 | £1,290 |
| 8.1 | £1,030 | £1,545 | £2,055 |
| 9.1 | £4,980 | £7,470 | £9,960 |
| 9.2 | £3,435 | £5,150 | £6,870 |
| 9.3 | £2,575 | £3,865 | £5,150 |
| 9.4 | £2,255 | £3,380 | £4,505 |
| 9.5 | £1,375 | £2,060 | £2,745 |
| 9.6 | £1,030 | £1,545 | £2,055 |
| 9.7 | £690 | £1,035 | £1,375 |
| 10.1 | £1,885 | £2,830 | £3,775 |
| 11.1 | £1,190 | £1,785 | £2,380 |
| 11.2 | £680 | £1,020 | £1,360 |
| 12.1 | £1,800 | £2,705 | £3,605 |
| 12.2 | £1,120 | £1,675 | £2,235 |
| 12.3 | £775 | £1,160 | £1,545 |
| 13.1 | £1,530 | £2,295 | £3,060 |
| 14.1 | £1,975 | £2,965 | £3,955 |
| 15.1 | £1,375 | £2,060 | £2,745 |
| 15.2 | £1,190 | £1,785 | £2,380 |
| 15.3 | £725 | £1,085 | £1,445 |
| 16.1 | £1,885 | £2,830 | £3,775 |
| 16.2 | £1,375 | £2,060 | £2,745 |
| 16.3 | £860 | £1,290 | £1,715 |
| 17.1 | £615 | £925 | £1,235”. |
9. In paragraph 9(2)(b) (scope of Part 4), for sub-paragraph (ii) substitute—
“(ii)the defendant pleads guilty to one or more counts on the indictment and the prosecution offer no evidence on a remaining count, or otherwise do not proceed to trial on a remaining count.”.
10. In paragraph 10 (fixed fee for guilty pleas or cracked trials), for “£194” substitute “£365”.
11. In paragraph 14(2) (fees for confiscation hearings), for the table substitute—
“Fees for confiscation hearings
| Fee for QC | >Fee for Leading Junior | Fee for Junior Alone | Fee for Led Junior | |
|---|---|---|---|---|
| 1. Daily and half daily rates | ||||
| Half daily rate | £263 | £197 | £131 | £131 |
| Daily rate | £502 | £349 | £240 | £240 |
| 2. Pages of evidence | ||||
| 51-250 | £655 | £546 | £437 | £327 |
| 251-500 | £983 | £819 | £655 | £491 |
| 501-750 | £1,311 | £1,092 | £874 | £655 |
| 751-1000 | £1,965 | £1,638 | £1,311 | £983 |
| 3. Preparation hourly rates | £74.74 | £56.56 | £39.39 | £39.39”. |
12. In paragraph 17(1)(a) (fees for special preparation)--
(a)before “novel point of law” insert “very unusual or”;
(b)after “novel point of law” insert “or factual issue”.
13.—(1) Paragraph 19A (fees for further case management hearings and plea and trial preparation hearings) is amended as follows.
(2) The existing paragraph is renumbered as sub-paragraph (1).
(3) After sub-paragraph (1) insert—
“(2) But if a guilty plea is entered at a plea and trial preparation hearing, the fee payable to the advocate for that hearing is the amount set out in Table A following paragraph 8 which corresponds with the band within which the offence falls and the category of the advocate concerned.”.
14. In paragraph 21 (fees for contempt proceedings)—
(a)in the table following sub-paragraph (1) for—
(i)“300” substitute “303”;
(ii)“225” substitute “227”;
(iii)“150” substitute “152”;
(b)in the table following sub-paragraph (2) for—
(i)“175” substitute “177”;
(ii)“125” substitute “126”;
(iii)“100” substitute “101”.
15. In paragraph 24 (fixed fees), for the table substitute—
“Fixed fees
| Category of work | Paragraph providing for fee | >Junior Alone or Led Junio | Leading Junior | Queen’s Counsel |
|---|---|---|---|---|
| Standard Appearance | 12(2) | £91 per day | £136 per day | £182 per day |
| Abuse of process hearing | 13(1)(a) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
| Hearings relating to disclosure | 13(1)(b), (c) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
| Hearings relating to the admissibility of evidence | 13(1)(d) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
| Ground rules hearings | 13(1)(da) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
| Hearings on withdrawal of guilty plea | 13(1)(e) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
| Sentencing hearing | 15 | £126 per day | £192 per day | £253 per day |
| Deferred sentencing hearing | 15(2) | £175 per day | £240 per day | £327 per day |
| Ineffective trial hearing | 16 | £380 per day | £380 per day | £380 per day |
| Special preparation | 17 | £39.39 per hour | £56.56 per hour | £74.74 per hour |
| Wasted preparation | 18 | £39.39 per hour | £56.56 per hour | £74.74 per hour |
| Conferences and views | 19 | £40.40 per hour | £60.60 per hour | £80.80 per hour |
| Further case management hearing | 19A | £101 per day | £152 per day | £202 per day |
| Plea and trial preparation hearing | 19A | £126 per day | £192 per day | £253 per day |
| Appeals to the Crown Court against sentence | 20 | £250 per day | £373 per day | £498 per day |
| Appeals to the Crown Court against conviction | 20 | £330 per day | £496 per day | £661 per day |
| Proceedings relating to the breach of an order of the Crown Court | 20(1) | £109 per day | £153 per day | £218 per day |
| Committal for sentence | 20(1) and (2) | £152 per day | £227 per day | £303 per day |
| Adjourned appeals, committals for sentence and breach hearings | 20(2) | £88 per day | £131 per day | £175 per day |
| Bail applications, mentions and other applications in appeal, committals for sentence and breach hearings | 20(3) | £88 per day | £131 per day | £175 per day |
| Second and subsequent days of an application to dismiss | 22(6) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
| Noting brief | 23 | £109 per day | £109 per day | £109 per day |
| Hearing for mitigation of sentence | 34 | £109 per day | £175 per day | £263 per day”. |
16. In paragraph 27(4) (additional charges and additional cases)—
(a)for “or 16” substitute “, 16 or 19A”;
(b)in paragraph (a), after “paragraph 24” insert “or, where the hearing falls within paragraph 19A(2), the applicable fee specified in Table A following paragraph 8”.
PART 3Savings
Savings
17. The amendments made by these Regulations have no effect in relation to proceedings in respect of which a determination under section 16 (representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was made before 31st December 2018.
Lucy Frazer
Parliamentary Under Secretary of State
Ministry of Justice
7th December 2018
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435; the “2013 Regulations”). In particular, the Regulations amend the legal aid fees that are payable to advocates in criminal proceedings under the advocates’ graduated fee scheme, as set out in Schedule 1 to the 2013 Regulations.
Part 2 sets out the amendments to the 2013 Regulations. Part 3 (regulation 17) contains a saving provision.
An impact assessment on the effect that these Regulations will have on the costs of business and the voluntary sector is available from the Legal Aid Policy Team, Access to Justice Directorate, Justice and Courts Policy Group, Ministry of Justice, 102 Petty France, London SW1H 9AJ (telephone 0203 334 4334). The impact assessment is annexed to the Explanatory Memorandum which is available alongside these Regulations on the UK legislation website at http://www.legislation.gov.uk.
S.I. 2013/435. Relevant amending instruments are S.I. 2014/2422, 2015/325, 2015/882, 2015/1678, 2018/220.
A copy of the AGFS Banding Document can be obtained from the Legal Aid Policy Team, Access to Justice Directorate, Justice and Courts Policy Group, Ministry of Justice, 102 Petty France, London SW1H 9AJ.