The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1990

• Citation: S.I. 1990/488
• Sections: 3

Section 1

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.

Section 2

In these Regulations a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 .

Section 3

(1) In regulation 6(3) for the date “30th June 1990” there shall be substituted “30th June 1991”.

(2) In regulation 9(5)(a) for the date “30th June 1990” there shall be substituted “30th June 1991”.

(3) For sub-paragraph (1) of paragraph 1 of Part I of Schedule 1 there shall be substituted, in respect of work done on or after 1st April 1990, the following sub-paragraph—

(1)

(1) Subject to paragraphs 2 and 3, the appropriate authority shall allow fees for work allowed by it under regulation 6 at the following basic rates—

(a) Magistrates' court criminal proceedings

(b) Magistrates' court care proceedings

(c) Crown court criminal and Court of Appeal proceedings

(4) For the table in paragraph 4(3) of Part II of Schedule 1 there shall be substituted, in respect of work done on or after 1st April 1990, the following table—

TABLE PREPARATION

(5) In paragraph 4(10) of Part II of Schedule 1 for the figure “£24.50” there shall be substituted the figure “£26.25” and for the figure “£26.00” there shall be substituted the figure “£28”.

(6) For sub-paragraph (11) of paragraph 4 of Part II of Schedule 1 there shall be substituted, in respect of work done on or after 1st April 1990, the following sub-paragraph—

(11) Where a fee-earner listens to a tape recording of an interview conducted under a code issued by the Secretary of State under section 60 of the Police and Criminal Evidence Act 1984 , the standard preparation fee payable after application of any increase required by paragraphs 8(a) or 9 shall be further increased by £9.40 for every 10 minutes of the total running time of all tapes or parts of tapes listened to and by the same amount for any remaining period.

(7) In paragraph 5 of Part I of Schedule 2, in respect of work done on or after 1st April 1990, the words “, unless counsel has no other effective case on that day and the standard appearance fee would be less than a sum equal to half of the standard basic fee for the case, in which case that sum shall be allowed” shall be omitted.

(8) For paragraph 6 of Part I of Schedule 2 there shall be substituted, in respect of work done on or after 1st April 1990, the following paragraph—

(6) Where counsel attends in respect of a case which is listed for plea and on which a guilty plea is taken, and which is adjourned part-heard, the appropriate authority shall allow—

(a) the standard basic fee for the first hearing; and

(b) the standard appearance fee for the hearing at which the case is disposed of.

(9) In paragraph 9 of Part I of Schedule 2 for the figure “£16” there shall be subsituted, in respect of work done on or after 1st April 1990, the figure “£17”.

(10) For paragraph 10 of Part I of Schedule 2 there shall be substituted, in respect of work done on or after 1st April 1990, the following paragraph—

(10) Where counsel listens to a tape recording of an interview conducted under a code issued by the Secretary of State under section 60 of the Police and Criminal Evidence Act 1984, the standard basic fee payable after application of any increase required by paragraph 7(a) or 8 shall be further increased by £9.40 for every 10 minutes of the total running time of all tapes or parts of tapes listened to and by the same amount for any remaining period.

(11) For the Table in Part I of Schedule 2 there shall be substituted, in respect of work done on or after 1st April 1990, the following Table—

TABLE

(1) Half day

(2) Full day

(3) More than a full day

(12) For the tables in Part II of Schedule 2 there shall be substituted, in respect of work done on or after 1st April 1990, the following tables—

TABLE 1: JUNIOR COUNSEL

TABLE 2: QUEEN'S COUNSEL