The Criminal Legal Aid (Remuneration) Regulations 2013

S.I. 2013/435 · Made 26 February 2013 · Extends to England and Wales

Contents

1. 1Citation and commencement
2. 2Interpretation
3. 3Scope
4. 4Claims for fees by advocates – Crown Court
5. 5Claims for fees and disbursements by litigators – Crown Court
6. 6Proceedings in the Court of Appeal
7. 7Proceedings in the Supreme Court
8. 8Claims for fees for certain categories of work to which the Standard Crime Contract applies
9. 9Payments from other sources
10. 10Cases ...sent for trial to the Crown Court Repealed
11. 11Proceedings for contempt
12. 12Notification of Very High Cost Cases
13. 12AFees in Very High Cost Cases
14. 13Authorisation of expenditure
15. 14Interim payment of disbursements
16. 15Interim disbursements and final determination of fees
17. 16Expert services
18. 17Determination of litigators' disbursements
19. 17AInterim payment of litigators’ fees
20. 18Interim payments in cases awaiting determination of fees
21. 19Amount of interim payments in cases awaiting determination of fees
22. 20Staged payments in long Crown Court proceedings
23. 21Hardship payments
24. 22Computation of final claim where an interim payment has been made
25. 23Payment of fees to advocates – Crown Court
26. 24Payment of fees to litigators – Crown Court
27. 25Recovery of overpayments
28. 26Adverse observations
29. 27Wasted costs orders
30. 28Redetermination of fees by appropriate officer
31. 29Appeals to a Costs Judge
32. 30Appeals to the High Court
33. 31Time limits
34. Signature
35. Schedule 1: Advocates' Graduated Fee Scheme
36. Part 1: Definitions and Scope
37. 1Interpretation
38. 2Application
39. 3Bands of Offences
40. Part 2: Graduated Fees for Trial
41. 4Calculation of Graduated Fees
42. 5Basic fees
43. 5ADaily attendance fees
44. Part 3: Graduated Fees for Guilty Pleas and Cracked Trials
45. 6Scope of Part 3 Repealed
46. 7Calculation of fees in guilty pleas and cracked trials
47. 8Basic fees for guilty pleas and cracked trials Repealed
48. Part 4: Fixed Fee for Guilty Pleas and Cracked Trials Repealed
49. 9Scope of Part 4 Repealed
50. 10Fixed fee for guilty pleas or cracked trials Repealed
51. Part 5: Fixed Fees
52. 11General provisions
53. 12Fees for ...standard appearances
54. 13Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearings
55. 13AFee for video recorded cross-examination or re-examination
56. 14Fees for confiscation hearings
57. 15Fees for sentencing hearings
58. 16Fees for ineffective trials
59. 17Fees for special preparation
60. 17AFees for consideration of unused material
61. 18Fees for wasted preparation
62. 18AAdditional preparation fee
63. 19Fees for conferences and views
64. 19AFees for further case management hearings and plea and trial preparation hearings
65. 20Fees for appeals, committals for sentence and breach hearings
66. 21Fees for contempt proceedings
67. 22Discontinuance or dismissal of ... proceedings
68. 23Noting brief fees
69. 24Fixed fees
70. 24AWarrant for arrest
71. Part 6: Miscellaneous
72. 25Identity of instructed advocate
73. 26Payment of fees to instructed advocate
74. 27Additional charges and additional cases
75. 28Multiple advocates
76. 29Non-local appearances
77. 30Trials lasting over 40 days Repealed
78. 31Assisted person unfit to plead or stand trial
79. 32Cross examination of witness
80. 33Provision of written or oral advice
81. 34Mitigation of sentence
82. 7Table of Offences
83. Schedule 2: Litigators' Graduated Fee Scheme
84. Part 1: Definitions and Scope
85. 1Interpretation
86. 2Application
87. 3Class of Offences
88. Part 2: Graduated Fees for Guilty Pleas, Cracked Trials and Trials
89. 4Scope
90. 5Pages of Prosecution Evidence
91. 6Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off
92. 7Trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off
93. 8Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-off
94. 9Trials where the number of pages of prosecution evidence exceeds the PPE Cut-off
95. Part 3: Fixed Fee for Guilty Pleas and Cracked Trials in Elected Cases Repealed
96. 10Scope of Part 3 Repealed
97. 11Fixed fee for guilty pleas or cracked trials Repealed
98. Part 4: Defendant Uplifts, Retrials and Transfers
99. 12Defendant uplifts
100. 13Retrials and Transfers
101. Part 5: Fixed Fees
102. 14General provisions
103. 15Fees for appeals and committals for sentence hearings
104. 16Fees for hearing subsequent to sentence
105. 17Fees for contempt proceedings
106. 18Fees for alleged breaches of a Crown Court order
107. 19Fixed Fees
108. 20Fees for special preparation
109. 20AFees for consideration of unused material
110. 21Discontinuance or dismissal of ... proceedings
111. 22Defendant uplifts
112. 23Warrant for arrest
113. Part 6: Miscellaneous
114. 24Additional charges
115. 25Assisted person unfit to plead or stand trial
116. 26Fees for confiscation proceedings
117. 27Prescribed fee rates
118. 28Allowing fees at less than the prescribed rates
119. 29Allowing fees at more than the prescribed rates
120. 7LGFS Table of Offences
121. Schedule 3: Proceedings in the Court of Appeal
122. 1General Provisions
123. 2Claims for fees and disbursements by litigators
124. 3Determination of litigators' fees
125. 4Determination of litigators' disbursements
126. 5Claims for fees by advocates
127. 6Determination of advocates' fees
128. 7Litigators' fees for proceedings in the Court of Appeal
129. 8Allowance of litigators' fees at more than the prescribed rate
130. 9Advocates' fees for proceedings in the Court of Appeal
131. 10Payment of fees
132. 11Redeterminations and appeals
133. Schedule 4: Rates payable for the claims specified in Regulation 8
134. 1Interpretation of this Schedule
135. 2Work conducted at the Police station: Police Station advice and assistance.
136. 2APolice station attendance: travel fee for the purposes of attendance at a Destination Police Station
137. 3Work conducted outside the Police Station
138. 3AAdvice and Assistance for Pre-Charge Engagement
139. 4Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the virtual court
140. 5Representation in the Magistrates' Court
141. 5ARepresentation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court
142. 5BRepresentation in the youth court
143. 6Own client work
144. 7Representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act
145. 8Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review Commission
146. 9Representation on an appeal by way of case stated
147. 10Representation in the Crown Court on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the Act
148. 11Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases
149. 12Payment for Assigned Counsel
150. 13Allowing fees at less than the prescribed rates
151. 14Allowing fees at more than the prescribed rates
152. Schedule 5Experts' Fees and Rates
153. Schedule 6: Fees in Very High Cost Cases
154. Part 1: Interpretation and Application
155. 1Interpretation
156. 2Application
157. 3Application
158. 4Paragraph 4
159. 2Part 2
160. 3Part 3
161. 4Part 4
162. Explanatory note