The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018

• Citation: S.I. 2018/1323
• Sections: 17

Section 1 Citation and commencement

These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 and come into force on 31st December 2018.

Section 2 Introductory

The Criminal Legal Aid (Remuneration) Regulations 2013 are amended in accordance with this Part.

Section 3 Amendment of regulation 2 (interpretation)

In regulation 2(1), in the definition of “AGFS Banding Document” for “version 1.1 (February 2018)” substitute “version 1.2 (December 2018)” .

Section 4 Amendment of Schedule 1 (advocates’ graduated fee scheme)

Schedule 1 is amended as follows.

Section 5 Amendment of Schedule 1 (advocates’ graduated fee scheme)

In paragraph 5 (basic fees), for the table substitute—

Section 6 Amendment of Schedule 1 (advocates’ graduated fee scheme)

In paragraph 5A (daily attendance fees), for the table substitute—

Section 7 Amendment of Schedule 1 (advocates’ graduated fee scheme)

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.

Section 8 Amendment of Schedule 1 (advocates’ graduated fee scheme)

(1) Paragraph 8 (basic fees for guilty pleas and cracked trials) is amended as follows.

(2) For Table A substitute—

Basic fees where there is a guilty plea or where the trial cracks in the first third or the second third

(3) For Table B substitute—

Basic fees where the trial cracks in the final third

Section 9 Amendment of Schedule 1 (advocates’ graduated fee scheme)

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.

Section 10 Amendment of Schedule 1 (advocates’ graduated fee scheme)

In paragraph 10 (fixed fee for guilty pleas or cracked trials), for “£194” substitute “£365”.

Section 11 Amendment of Schedule 1 (advocates’ graduated fee scheme)

In paragraph 14(2) (fees for confiscation hearings), for the table substitute—

Fees for confiscation hearings

Section 12 Amendment of Schedule 1 (advocates’ graduated fee scheme)

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”.

Section 13 Amendment of Schedule 1 (advocates’ graduated fee scheme)

(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.

Section 14 Amendment of Schedule 1 (advocates’ graduated fee scheme)

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”.

Section 15 Amendment of Schedule 1 (advocates’ graduated fee scheme)

In paragraph 24 (fixed fees), for the table substitute—

Fixed fees

£240 full day

£131 half day

£349 full day

£197 half day

£502 full day

£263 half day

£240 full day

£131 half day

£349 full day

£197 half day

£502 full day

£263 half day

£240 full day

£131 half day

£349 full day

£197 half day

£502 full day

£263 half day

£240 full day

£131 half day

£349 full day

£197 half day

£502 full day

£263 half day

£240 full day

£131 half day

£349 full day

£197 half day

£502 full day

£263 half day

£240 full day

£131 half day

£349 full day

£197 half day

£502 full day

£263 half day

Section 16 Amendment of Schedule 1 (advocates’ graduated fee scheme)

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”.

Section 17 Savings

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.