# The Criminal Legal Aid (Remuneration) Regulations 2013, Paragraph 21: Discontinuance or dismissal of ... proceedings

Extent: E+W

(1) This paragraph applies to proceedings which are sent for trial to the Crown Court.
(2) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 the litigator must be paid 50% of the basic fee for a guilty plea, as specified in the table following paragraph 6, as appropriate to the offence for which the assisted person is charged.
(3) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the litigator must be paid a fee calculated in accordance with paragraph 6, or, where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.
(4) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ... and—
(a) the charge, or charges are dismissed and the assisted person is discharged; or
(b) the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,
the litigator instructed in the proceedings must be paid a fee calculated in accordance with paragraph 6, or where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where, at or before the first hearing at which the assisted person enters a plea—
(a) the prosecution offers no evidence and the assisted person is discharged; or
(b) the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,
the litigator must be paid a fee calculated in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate for representing an assisted person in a guilty plea.

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Source: https://www.legislation.gov.uk/uksi/2013/435/schedule/2/paragraph/21 (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-remuneration-regulations-2013/schedule-2/paragraph-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.