The Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1991

• Citation: S.I. 1991/527
• Sections: 3

Section 1

These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.

Section 2

In these Regulations a regulation referred to by number means a regulation so numbered in the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 and a reference to the Schedule means the Schedule to those Regulations.

Section 3

(1) At the end of regulation 4(3) there shall be inserted the following new paragraph—

(4) Where the solicitor without good reason has failed (or, if an extension were not granted, would fail) to comply with the time limit, the determining officer may, in exceptional circumstances extend the time limit and shall consider whether it is reasonable in the circumstances to reduce the costs; provided that costs shall not be reduced unless the solicitor has been allowed a reasonable opportunity to show cause orally or in writing why the costs should not be reduced.

(2) For sub-paragraph (1) of paragraph 1 of the Schedule there shall be substituted, in respect of work done on or after 1st April 1991, the following sub-paragraph—

(1)

(1) The Board shall, subject to paragraph 2 in the case of item (a), allow fees for work allowed by it under regulation 5 at the following rates—

(a) availability during duty period

(b) advice and assistance to a person arrested and held in custody, or being interviewed in connection with a serious offence or to a volunteer, given

(i) by a duty solicitor in unsocial hours

(ii) by a duty solicitor in all other hours

(iii) by an own solicitor

(c) travelling and waiting

(i) by a duty solicitor in unsocial hours

(ii) by a duty solicitor in all other hours

(iii) by an own solicitor

(d) advising and assisting over the telephone

(e) routine telephone calls