# The Criminal Legal Aid (Remuneration) Regulations 2013, Paragraph 5: Representation in the Magistrates' Court

Extent: E+W

(A1) This paragraph does not apply where paragraph 5A or paragraph 5B applies.
(1) The fixed amounts and hourly rates for representation in a magistrates’ court ... for—
(a) recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and
(b) claiming costs in cases which fall outside the Standard Fee payment scheme,
are specified in the table following this sub-paragraph.
Representation in a magistrates’ court
All areas (£)
Routine letters written and telephone calls per item
4.50
Preparation hourly rate
57.37
Advocacy hourly rate (including applications for bail and other applications to the court)
71.96
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)
39.25
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply)
30.36
(2) The table following this sub-paragraph sets out the fees and fee limits for the Standard Fee payment scheme for representation in a magistrates' court (except where paragraph 5A or paragraph 5B applies).
Higher and Lower Standard Fees table
Lower Standard Fee (£)
Lower Standard Fee Limit (£)
Higher Standard Fee (£)
Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A
314.62
344.51
596.84
596.89
Category 1B
255.78
344.51
551.09
596.89
Category 2
436.85
591.82
915.04
986.25
Undesignated Area Standard Fees
Category 1A
246.27
344.51
521.57
596.89
Category 1B
200.21
344.51
481.59
596.89
Category 2
353.51
591.82
810.79
986.25
(3) In the table following sub-paragraph (2)—
(a) the reference to “Category 1A” cases is a reference to the following proceedings other than proceedings referred to in paragraph (c)—
(i) either way guilty pleas (other than in proceedings referred to in paragraph (b)(vii));
(ia) guilty pleas in proceedings for low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting);
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) proceedings ...relating to either way offences (other than proceedings referred to in paragraph (b)(vii)) or proceedings referred to in sub-paragraph (ia) which are discontinued or withdrawn or where the prosecution offer no evidence; ...
(iv) proceedings ... relating to either way offences (other than proceedings referred to in paragraph (b)(vii)) or proceedings referred to in sub-paragraph (ia) which result in a bind over; and
(v) proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to—
(aa) either way offences (other than proceedings referred to in paragraph (b)(vii)); or
(bb) low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence);
(b) the reference to “Category 1B” cases is a reference to the following proceedings (other than proceedings referred to in paragraph (a)(ia) or paragraph (c))—
(i) summary only guilty pleas;
(ii) uncontested proceedings arising out of a breach of an order of a magistrates' courts (including proceedings in a magistrates' court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);
(iii) proceedings ... relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;
(iv) proceedings ... relating to summary offences which result in a bind over;
(v) proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to summary offences (other than low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence));
(vi) proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 , except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; ...
(vii) proceedings relating to either way offences which must be tried in a magistrates' court in accordance with section 22 of the Magistrates' Courts Act 1980 ;
(c) the reference to “Category 2” cases is a reference to—
(i) contested trials;
(ii) proceedings which were listed and fully prepared for trial in a magistrates' court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;
(iii) proceedings which were listed and fully prepared for trial in a magistrates' court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;
(iv) contested proceedings relating to a breach of an order of a magistrates' court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);
(v) proceedings where mixed pleas are entered; and
(vi) proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The fees payable to Assigned Counsel for representation in a magistrates' court are subject to the limits specified in the table following paragraph 12.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is £229.47.

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Source: https://www.legislation.gov.uk/uksi/2013/435/schedule/4/paragraph/5 (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-remuneration-regulations-2013/schedule-4/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.