# The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435; the “2013 Regulations”). The Regulations amend the legal aid fees that are payable to advocates in criminal proceedings under the advocates’ graduated fee scheme (“AGFS”), as set out in Schedule 1 to the 2013 Regulations. The Regulations make provision for advocates’ fees to be determined according to a new banding structure for criminal offences.
Part 2 sets out the amendments to the 2013 Regulations. The principal amendments are summarised as follows.
Regulations 3 and 7 refer to the AGFS Banding Document, which sets out the bands within which criminal offences fall. The AGFS Banding Document replaces the table of offences that was in Part 7 of Schedule 1 (also see regulation 30).
Regulations 9 and 10 amend the basic fees and the daily attendance fees that are payable to advocates to reflect the new banding structure; regulation 9 also amends the formula for the purposes of calculating advocates’ graduated fees. Regulation 13 amends the fees that apply where there is a cracked trial or a guilty plea. Regulation 18 makes further provision as to the fees that apply for sentencing hearings. Regulation 24 amends the fixed fees that apply for particular types of hearings. Regulation 25 makes provision as to the fees that apply where a defendant is absent.
Under regulation 30, Part 7 of Schedule 1 to the 2013 Regulations becomes Part 7 of Schedule 2. That Part contains the table of offences which sets out the Classes of Offences that continue to apply for the purposes of the litigators’ graduated fee scheme under Schedule 2.
Part 3 (regulation 33) contains a minor consequential amendment to the Criminal Legal Aid (Contribution Orders) Regulations 2013 (S.I. 2013/483).
Part 4 (regulation 34) contains a savings provision.
An impact assessment on the effect that these Regulations will have on the costs of business and the voluntary sector is available from the Legal Aid Policy Team, Access to Justice Directorate, Justice and Courts Policy Group, Ministry of Justice, 102 Petty France, London SW1H 9AJ (telephone 0203 334 4334). The impact assessment is annexed to the Explanatory Memorandum which is available alongside these Regulations on the UK legislation website at http://www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2018/220/note (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-remuneration-amendment-regulations-2018/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.