The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017

• Citation: S.I. 2017/311
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017 and come into force on 1st April 2017.

Section 2 Amendments to the Criminal Legal Aid (General) Regulations 2013

(1) The Criminal Legal Aid (General) Regulations 2013 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) for the definition of “Unit of Work” substitute—

“Unit of Work” has the meaning given in paragraph 1.3 of the Specification to the 2017 Standard Crime Contract

(b) in the definition of “2010 Standard Crime Contract”, for “2010 Standard Crime Contract”, substitute “2017 Standard Crime Contract”.

(3) In each of the following places, for “2010 Standard Crime Contract” substitute “2017 Standard Crime Contract”—

(a) regulation 8(b) (applications);

(b) regulation 11(3) (general);

(c) regulation 14 (applications), in both places it occurs;

(d) regulation 15(1)(b) (determinations);

(e) regulation 16(e)(ii) (withdrawal), and

(f) regulation 17(b) (appeal).

Section 3 Amendment to the Criminal Legal Aid (Remuneration) Regulations 2013

(1) The Criminal Legal Aid (Remuneration) Regulations 2013 are amended as follows.

(2) In regulation 3(5) (scope), omit “9,”.

(3) After regulation 3(5), insert—

(5A) Regulation 9 applies to proceedings in magistrates’ courts, to proceedings in the Crown Court and to proceedings in the Court of Appeal.

(4) In regulation 8 (claims for fees for certain categories of work to which the Standard Crime Contract applies), in both places it occurs, for “2010 Standard Crime Contract”, substitute “2017 Standard Crime Contract”.

(5) In Schedule 4 (Rates payable for the claims specified in Regulation 8)—

(a) in paragraph 1(a) (interpretation of this Schedule), for “2010 Standard Crime Contract”, substitute “2017 Standard Crime Contract”;

(b) in paragraph 2(8) (work conducted at the Police Station: Police Station advice and assistance), for “2010 Standard Crime Contract”, substitute “2017 Standard Crime Contract”;

(c) in paragraph 3(4) (work conducted outside the Police Station)—

(i) for the words from “the magistrates’ court” to “bail conditions”, substitute “magistrates’ courts in connection with an application relating to police bail”;

(ii) for the heading of the table, substitute “Advocacy Assistance in magistrates’ courts in connection with an application relating to police bail”, and

(d) in paragraph 7(2) (representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act), after “sub-paragraph”, insert “and this Unit of Work is subject to an Upper Limit of £1,368.75.”.

Section 4 Amendment to the Criminal Legal Aid (Financial Resources) Regulations 2013

In regulation 5(2) (Advice and assistance: exceptions from requirement to make a determination in respect of an individual’s financial resources) of the Criminal Legal Aid (Financial Resources) Regulations 2013 , for each reference to “2010 Standard Crime Contract”, substitute “2017 Standard Crime Contract”.

Section 5 Transitional Provision

(1) These Regulations do not apply to services made available pursuant to a determination made before 1st April 2017.

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