The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016

3

In paragraph 3 (work conducted outside the Police Station)[^f00016]—

• (a) in sub-paragraph (1), for “£247.50” substitute “£273.75”;

• (b) for the table following sub-paragraph (1) (free standing advice and assistance), substitute the following—

• (c) for the tables following sub-paragraph (2) (Advocacy Assistance on a warrant of further detention – Magistrates’ Court or judicial authority and Advocacy Assistance on a warrant of further detention – High Court or a senior judge), including the headings to the tables, substitute the following—

• (d) for the table following sub-paragraph (3) (Advocacy Assistance for armed forces custody hearings), substitute the following—

and

• (e) for the table following sub-paragraph (4) (Advocacy Assistance in the magistrates’ court in connection with an application to vary police bail conditions), substitute the following—

4

In paragraph 4 (Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the Virtual Court)[^f00017]—

• (a) for the table following sub-paragraph (1) (Advice and Assistance and Advocacy Assistance by a court Duty Solicitor), substitute the following—

and

• (b) for the table following sub-paragraph (2) (Advocacy Assistance at the Virtual Court), substitute the following—

5

In paragraph 5 (representation in the magistrates’ court)[^f00018]—

• (a) for the table following sub-paragraph (1) (representation in a magistrates’ court), substitute the following—

and

• (b) for the table following sub-paragraph (2) (Higher and Lower Standard Fees table), substitute the following—

6

In paragraph 5A (representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court)[^f00019]—

• (a) for the table following sub-paragraph (2) (representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court), substitute the following—

• (b) for the table following sub-paragraph (3) (Higher and Lower Fees Table), substitute the following—

and

• (c) in sub-paragraph (4) for “£21.70” substitute “£24.00”.

7

In paragraph 6 (own client work)[^f00020]—

• (a) in sub-paragraph (2)—

• (i) in paragraph (a), for “£43.35” substitute “£47.95”, and

• (ii) in paragraph (b), for “41.00” substitute “£45.35”;

• (b) in sub-paragraph (3), for “£61.88” substitute “£68.44”;

• (c) in sub-paragraph (4) for “£20.63” substitute “£22.81”, and

• (d) for the table following sub-paragraph (4) (own client work), including the heading to the table, substitute the following—

8

In paragraph 7 (representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act)[^f00021]—

• (a) for the table following sub-paragraph (1) (representation in prescribed proceedings in a Crown Court), substitute the following table—

and

• (b) for the table following sub-paragraph (2) (representation in prescribed proceedings in the High Court or a county court), substitute the following—

9

In paragraph 8 (Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review Commission)[^f00022]—

• (a) in paragraph (a), for “£247.50” substitute “£273.75”;

• (b) in paragraph (b), for “£412.50” substitute “£456.25”, and

• (c) for the table following paragraph 8 (Advice and Assistance on an appeal against conviction or sentence or application to the Criminal Cases Review Commission), substitute the following—

10

In paragraph 9 (representation on an appeal by way of case stated)[^f00023], for the table following sub-paragraph (1) (representation on an appeal by way of case stated in the High Court), substitute the following—

11

For the table following paragraph 10 (representation in the Crown Court on an appeal from a magistrates’ court in proceedings prescribed as criminal proceedings under section 14(h) of the Act)[^f00024], substitute the following—

12

In paragraph 11 (Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases)[^f00025]—

• (a) in sub-paragraph (1), for—

• (i) “£181.50” substitute “£200.75”, and

• (ii) “£544.50” substitute “£602.25”;

• (b) for the table following sub-paragraph (2) (hourly rates for determining whether Escape Fee Threshold reached), substitute the following—

• (c) for the tables following sub-paragraph (3) (hourly rates in Disciplinary Cases for determining application of Standard Fees and Higher and Lower Standard Fees table for Disciplinary Cases), including the headings to the tables, substitute the following—

and

• (d) for the tables following sub-paragraph (4) (hourly rates in Parole Board Cases for determining application of Standard Fees and Higher and Lower Standard Fees table for Parole Board Cases), including the headings to the tables, substitute the following—

13

In paragraph 12 (payment for Assigned Counsel)[^f00026], for the table following sub-paragraph (2) (payment for Assigned Counsel), substitute the following—

Signed

Shailesh Vara — Parliamentary Under Secretary of State — Ministry of Justice — 5th March 2016

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

This instrument amends the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) (“the Criminal Remuneration Regulations”), which provide for the remuneration of advice, assistance and representation made available under sections 13, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”).

The Criminal Remuneration Regulations were amended by the Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369) (“the Amending Regulations”), which were amended by the Criminal Legal Aid (Remuneration etc.) (Amendment) (No.2) Regulations 2015 (S.I. 2015/2049). The Amending Regulations amend the fees payable under the Criminal Remuneration Regulations in two respects: reducing fees under existing fee schemes (Part 2 of the Amending Regulations) and introducing new fixed fee schemes (Part 3 of the Amending Regulations), along with amendments consequential on the introduction of new contracts for the provision of services made available under sections 13, 15 and 16 of the Act. Part 3 also makes a number of minor clarificatory amendments to the Criminal Remuneration Regulations. Part 2 of the Amending Regulations came into force on 1 July 2015; Part 3 was originally due to come into force on 11 January 2016 but, by virtue of S.I. 2015/2049, comes into force on 1 April 2016.

Subject to the exceptions in regulation 3, regulation 2 of this instrument revokes regulations 1(2)(b) and 2(2) and Part 3 of, and Schedules 4 to 13 to, the Amending Regulations and S.I. 2015/2049. The effect of these revocations is that the fixed fee schemes provided for by Part 3 of the Amending Regulations will not come into force. Regulation 3 ensures that the minor clarifications to the Criminal Remuneration Regulations in regulation 6 of the Amending Regulations (amendments to the Criminal Remuneration Regulations) are not revoked.

Regulation 4 of, and Schedules 1 to 3 to, this instrument amend the existing fee schemes by increasing the fees for advice, assistance and representation made available under sections 13, 15 and 16 of the Act.

The instrument does not apply to work done pursuant to a determination under section 13, 15 or 16 of the Act made before 1st April 2016.

A full impact assessment of the effect of the policy the implementation of which is revoked in part by this instrument on the costs of the private, voluntary and public sectors was produced with the Government’s response to the Transforming Legal Aid: Next Steps consultation, published on 27th February 2014, and is available at https://consult.justice.gov.uk/.

Footnotes

[^f00001]: Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “Regulations” means Regulations made by the Lord Chancellor and “prescribed” means prescribed by regulations (except in Schedule 6).

[^f00002]: 2012 c. 10.

[^f00003]: S.I. 2013/435.

[^f00004]: S.I. 2015/1369, amended by S.I. 2015/1678 and 2015/2049 (revoked by regulation 2(b) of these Regulations).

[^f00005]: S.I. 2015/2049.

[^f00006]: Amended by S.I. 2015/1678 and 2015/2049 (revoked by regulation 2(b) of these Regulations).

[^f00007]: Amended by S.I. 2014/415 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00008]: Amended by S.I. 2014/415 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00009]: Amended by S.I. 2014/415 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00010]: Amended by S.I. 2014/415 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00011]: Amended by S.I. 2014/415 and 2015/1369.

[^f00012]: Amended by S.I. 2014/415 and 2015/1369.

[^f00013]: Amended by S.I. 2014/415 and 2015/1369.

[^f00014]: Amended by S.I. 2014/415 and 2015/1369.

[^f00015]: Amended by S.I. 2014/415 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00016]: Amended by S.I. 2014/415 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00017]: Amended by S.I. 2014/415 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00018]: Amended by S.I. 2014/415, 2015/325, 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations, subject to the exceptions in regulation 3) and 2015/1678.

[^f00019]: Inserted by S.I. 2015/325. Amended by S.I. 2015/1369.

[^f00020]: Amended by S.I. 2014/415 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00021]: Amended by S.I. 2014/415, 2015/325 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00022]: Amended by S.I. 2014/415 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00023]: Amended by S.I. 2014/415 and 2015/1369.

[^f00024]: Amended by S.I. 2014/415, 2015/325 and 2015/1369 (Part 3 of which is revoked by regulation 2(a) of these Regulations).

[^f00025]: Amended by S.I. 2013/2803, 2014/415 and 2015/1369.

[^f00026]: Amended by S.I. 2014/415 and 2015/1369.

Editorial notes

[^key-50deff64b9366e68bd38803c5f505ed5]: Reg. 1 in force at 31.3.2016, see reg. 1(1)

[^key-a8d518ab6d9b657360df9c5b45157243]: Reg. 2 in force at 31.3.2016, see reg. 1(1)

[^key-fc0339fde9bf71e67026bcd7c9505962]: Reg. 3 in force at 31.3.2016, see reg. 1(1)

[^key-10cae07130a4bc154ae6217cf3013b5d]: Reg. 4 in force at 31.3.2016, see reg. 1(1)

[^key-4addf57ada6edebb7addb33758566892]: Reg. 5 in force at 31.3.2016, see reg. 1(1)

[^key-24dc408ce925b37c97a32af4747164cc]: Sch. 1 para. 1 in force at 31.3.2016, see reg. 1(1)

[^key-12623262f6d989eaf3f8fadb20a6d704]: Sch. 1 para. 2 in force at 31.3.2016, see reg. 1(1)

[^key-f09db86dd4fae739cd5f1392c1b17207]: Sch. 1 para. 3 in force at 31.3.2016, see reg. 1(1)

[^key-b8074dde36dcccbb9e0f74b6c41a3779]: Sch. 1 para. 4 in force at 31.3.2016, see reg. 1(1)

[^key-e38b4dafa72588c73c13de6963ab0ec7]: Sch. 1 para. 5 in force at 31.3.2016, see reg. 1(1)

[^key-c5cd901eeb6ccdf7eb5170e65412209d]: Sch. 1 para. 6 in force at 31.3.2016, see reg. 1(1)

[^key-b5ea202ae6789a119f34ba3e3cdf7306]: Sch. 1 para. 7 in force at 31.3.2016, see reg. 1(1)

[^key-1bff209fc920d1753bc20400a3118bc9]: Sch. 2 para. 1 in force at 31.3.2016, see reg. 1(1)

[^key-c677b4d29d3828444332158814ad5b57]: Sch. 3 para. 1 in force at 31.3.2016, see reg. 1(1)

[^key-f9809fbfbe8b1d820521f32f45baa7a1]: Sch. 3 para. 2 in force at 31.3.2016, see reg. 1(1)

[^key-7509532d10812d8fe38104c1cbe18e88]: Sch. 3 para. 3 in force at 31.3.2016, see reg. 1(1)

[^key-edcb7092b5d76de8ee77b4e9dc0e97fa]: Sch. 3 para. 4 in force at 31.3.2016, see reg. 1(1)

[^key-9342c1ee81a2ad855c93dca4c6497e84]: Sch. 3 para. 5 in force at 31.3.2016, see reg. 1(1)

[^key-9387a704ab5e141239bec46a0e691922]: Sch. 3 para. 6 in force at 31.3.2016, see reg. 1(1)

[^key-5cc69f880457128551875e3498103d43]: Sch. 3 para. 7 in force at 31.3.2016, see reg. 1(1)

[^key-50ea9efb43a05d6c3b961d7534dab763]: Sch. 3 para. 8 in force at 31.3.2016, see reg. 1(1)

[^key-a305f7c707a3c0ce91b5363f1e2dfffa]: Sch. 3 para. 9 in force at 31.3.2016, see reg. 1(1)

[^key-7214c9211177adb5c55ace60646e0425]: Sch. 3 para. 10 in force at 31.3.2016, see reg. 1(1)

[^key-a693fec86d75380c805eb59313b02513]: Sch. 3 para. 11 in force at 31.3.2016, see reg. 1(1)

[^key-aa6329c5ba7530ef42c7254898205b48]: Sch. 3 para. 12 in force at 31.3.2016, see reg. 1(1)

[^key-dd95f5bda19e1f2939d629fa1ccef66c]: Sch. 3 para. 13 in force at 31.3.2016, see reg. 1(1)