The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014

• Citation: S.I. 2014/415
• Sections: 35

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 and come into force on 20th March 2014.

(2) In these Regulations, “the 2013 Regulations ” means the Criminal Legal Aid (Remuneration) Regulations 2013 .

Section 2 Amendments to the 2013 Regulations

(1) The 2013 Regulations are amended as follows.

(2) The amendments to Schedule 2 to the 2013 Regulations (Litigators’ Graduated Fee Scheme) set out in Schedule 1 to these Regulations have effect.

(3) The amendments to Schedule 3 to the 2013 Regulations (Proceedings in the Court of Appeal) set out in Schedule 2 to these Regulations have effect.

(4) The amendments to Schedule 4 to the 2013 Regulations (Rates payable for the claims specified in Regulation 8) set out in Schedule 3 to these Regulations have effect.

Section 3 Application and transitional provisions

(1) These Regulations apply to matters in which a relevant determination is made on or after 20th March 2014.

(2) In this regulation a “relevant determination” means a determination made under section 13 (Advice and assistance for individuals in custody), section 15 (Advice and assistance for criminal proceedings) or section 16 (Representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Section 1

Schedule 2 (Litigators’ Graduated Fee Scheme) to the 2013 Regulations is amended as follows.

Section 2

In paragraph 6 (Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off), for the table following sub-paragraph (2) (Basic fees for cracked trials of guilty pleas), substitute the following table—

Basic fees for cracked trials and guilty pleas (£)

Section 3

In paragraph 7 (Trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off), for the table following sub-paragraph (2) (Basic fees for trials), substitute the following table—

Basic fees for trials (£)

Section 4

In paragraph 7, for the table following sub-paragraph (3) (Length of trial proxy), substitute the following table—

Length of Trial Proxy

Section 5

In paragraph 8 (Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-off), for the tables following sub-paragraph (2) (Table of final fees in cracked trials and Table of final fees in guilty pleas), substitute the following tables—

Table of final fees in cracked trials

Table of final fees in guilty pleas

Section 6

In paragraph 9 (Trials where the number of pages of prosecution evidence exceeds the PPE Cut-off), for the table following sub-paragraph (2) (Table of final fees in trials), substitute the following table—

Table of final fees in trials

Section 7

In paragraph 11 (Fixed fee for guilty pleas or cracked trials), for “£362” substitute “£330.33”.

Section 8

For the table following paragraph 19 (Fixed Fees), substitute the following table—

Fixed Fees

Section 9

For the table following paragraph 27 (Prescribed fee rates), substitute the following table—

Section 1

Schedule 3 (Proceedings in the Court of Appeal) to the 2013 Regulations is amended as follows.

Section 2

For the table following paragraph 7(1) (Litigators’ fees for proceedings in the Court of Appeal), substitute the following table—

Section 1

Schedule 4 (Rates payable for the claims specified in Regulation 8) to the 2013 Regulations is amended as follows.

Section 2

In paragraph 2 (Work conducted at the Police station: Police Station advice and assistance)—

(a) in Paragraph (1)(a), for “£31.45” substitute “£28.70”;

(b) in Paragraph (1)(b), for “£30.25” substitute “£27.60”;

(c) in sub-paragraph (2), for “£8.00” substitute “£7.30”; and

(d) for the table following sub-paragraph (3), substitute the following table—

Section 3

In paragraph 2, for the table following sub-paragraph (8) (Police Station Attendance – Fixed Fees and Escape Fee Thresholds), substitute the following table—

Police Station Attendance – Fixed Fees and Escape Fee Thresholds

Section 4

In paragraph 3 (Work conducted outside the Police Station)—

(a) in sub-paragraph (1), for “£300” substitute “£273.75”; and

(b) for the table following sub-paragraph (1) (Free standing Advice and Assistance), substitute the following table—

Free standing Advice and Assistance

Section 5

In paragraph 3—

(a) in sub-paragraph (2), for “£1,500” substitute “£1,368.75”; and

(b) for Table A (Advocacy Assistance on a warrant of further detention – Magistrates’ Court or judicial authority) and Table B (Advocacy Assistance on a warrant of further detention – High Court or a senior judge) following sub-paragraph (2), substitute the following tables—

Advocacy Assistance on a warrant of further detention – Magistrates’ Court or judicial authority

Advocacy Assistance on a warrant of further detention – High Court or a senior judge

Section 6

In paragraph 3—

(a) in sub-paragraph (3), for “£1,500” substitute “£1,368.75”; and

(b) for the table following sub-paragraph (3) (Advocacy Assistance for armed forces custody hearings), substitute the following table—

Advocacy Assistance for armed forces custody hearings

Section 7

In paragraph 3—

(a) in sub-paragraph (4), for “£1,500” substitute “£1,368.75”; and

(b) for the table following sub-paragraph (4) (Advocacy Assistance in the magistrates’ court in connection with an application to vary police bail conditions), substitute the following table—

Advocacy Assistance in the magistrates’ court in connection with an application to vary police bail conditions

Section 8

In paragraph 4 (Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the virtual court), for the table following sub-paragraph (1) (Advice and Assistance and Advocacy Assistance by a court Duty Solicitor), substitute the following table—

Advice and Assistance and Advocacy Assistance by a court Duty Solicitor

Section 9

In paragraph 4, for the table following sub-paragraph (2) (Advocacy Assistance at the Virtual Court), substitute the following table—

Advocacy Assistance at the Virtual Court

Section 10

In paragraph 5 (Representation in the Magistrates’ Court), for the table following sub-paragraph (1) (Representation in a magistrates’ court), substitute the following table—

Representation in a magistrates’ court

Section 11

In paragraph 5, for the table following sub-paragraph (2) (Higher and Lower Standard Fees Table), substitute the following table—

Higher and Lower Standard Fees Table

Section 12

In paragraph 6 (Own client work)—

(a) in Paragraph (2)(a), for “£52.55” substitute “£47.95”;

(b) in Paragraph (2)(b), for “49.50” substitute “£45.35”;

(c) in sub-paragraph (3), for “£75” substitute “£68.44”;

(d) in sub-paragraph (4) for “£25” substitute “£22.81”; and

(e) for the table following sub-paragraph (4) (own client work), substitute the following table—

Own client work

Section 13

In paragraph 7 (Representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act )—

(a) in sub-paragraph (1), for “£1,500” substitute “£1,368.75”; and

(b) for the table following sub-paragraph (1) (representation in Prescribed Proceedings in a Magistrates’ Court), substitute the following table—

Representation in Prescribed Proceedings in a Magistrates’ Court

Section 14

In paragraph 7, for the table following sub-paragraph (2) (Representation in Prescribed Proceedings in the High Court or a county court), substitute the following table—

Representation in Prescribed Proceedings in the High Court or a county court

Section 15

In paragraph 8 (Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review Commission)—

(a) in paragraph (a), for “£300” substitute “£273.75”;

(b) in paragraph (b), for “£500” substitute “£456.25”; and

(c) for the table following paragraph 8, substitute the following table—

Advice and Assistance on an appeal against conviction or sentence or application to the Criminal Cases Review Commission

Section 16

In paragraph 9 (Representation on an appeal by way of case stated), for the table following sub-paragraph (1) (Representation on an appeal by way of case stated in the High Court), substitute the following table.

Representation on an appeal by way of case stated in the High Court

Section 17

In paragraph 10 (Representation in the Crown Court on an appeal from a magistrates’ court in proceedings prescribed as criminal proceedings under section 14(h) of the Act)—

(a) for “£1,500”, substitute “£1,368.75”; and

(b) for the table following paragraph 10, substitute the following table—

Section 18

In paragraph 11 (Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases)—

(a) in sub-paragraph (1), for—

(i) “£220” substitute “£200.75”;

(ii) “£660” substitute “£602.25”; and

(b) for the table following sub-paragraph (2) (Hourly rates for determining whether Escape Fee Threshold reached), substitute the following table—

Hourly rates for determining whether Escape Fee Threshold reached

Section 19

In paragraph 11, for the tables following sub-paragraph (3) (Hourly rates in Disciplinary Cases for determining application of Standard Fees and Higher and Lower Standard Fees Table for Disciplinary Cases), substitute the following tables—

Hourly rates in Disciplinary Cases for determining application of Standard Fees

Higher and Lower Standard Fees Table for Disciplinary Cases

Section 20

In paragraph 11, for the tables following sub-paragraph (4) (Hourly rates in Parole Board Cases for determining application of Standard Fees and Higher and Lower Standard Fees Table for Parole Board Cases), substitute the following tables—

Hourly rates in Parole Board Cases for determining application of Standard Fees

Higher and Lower Standard Fees Table for Parole Board Cases

Section 21

In paragraph 12 (Payment for Assigned Counsel), for the table following sub-paragraph (2) (Payment for Assigned Counsel), substitute the following table—

Payment for Assigned Counsel