Legal Aid in Criminal Proceedings (Costs) Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/423 |
1988 No. 423
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Aid in Criminal Proceedings (Costs) Regulations 1988
Made 4th March 1988
Laid before Parliament 11th March 1988
Coming into force 1st April 1988
The Lord Chancellor, in exercise of the powers conferred by section 39 of the Legal Aid Act 19741and now vested in him2and all other powers enabling him in that behalf and having had regard to the principle of allowing fair remuneration according to the work actually and reasonably done, hereby makes the following Regulations:—
Citation, commencement, revocations and transitional provisions
1.—(1) These Regulations may be cited as the Legal Aid in Criminal Proceedings (Costs) Regulations 1988 and shall come into force on 1st April 1988.
(2) Subject to paragraph (3), the Legal Aid in Criminal Proceedings (Costs) Regulations 19823, as amended4, shall be revoked.
(3) Subject to paragraph (4), these Regulations shall apply for the determination of costs which are payable in respect of work done on or after 1st April 1988 and costs payable in respect of work done before that date shall be determined as if these Regulations had not been made.
(4) The provisions of these Regulations relating to standard fees for solicitors shall only apply for the determination of costs which are payable in respect of proceedings in which—
(a)
(a) a defendant is committed for trial or sentence, or
(b)
(b) a notice of appeal is lodged, on or after 1st April 1988.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires,—
“the Act” means the Legal Aid Act 1974;
“appropriate authority” has the meaning assigned to it by regulation 3;
“collecting court” has the meaning assigned to it by section 32(5) of the Act;
“costs” means, in the case of a solicitor, the fees and disbursements payable under section 375of the Act and, in the case of counsel, the fees payable under that section;
“counsel” means counsel assigned under section 30 or 316of the Act;
“Court of Appeal” means the criminal division of the Court of Appeal or the Courts-Martial Appeal Court as the case may be;
“determining officer” means an officer appointed under regulation 3(3);
“disbursements” means travelling and witness expenses and other out of pocket expenses incurred by a fee-earner in giving legal aid;
“fee-earner” means a solicitor, a legal executive or any clerk who regularly does work for which it is appropriate to make a direct charge to a client;
“legal aid” means legal aid given under a legal aid order;
“legal aid order” means a legal aid order made under section 287of the Act;
“legal executive” means a fellow of the Institute of Legal Executives;
“proceedings in a magistrates' court” includes, for the purposes of these Regulations, proceedings in connection with an application for bail to the Crown Court after the issuing of a certificate under section 5(6A) of the Bail Act 19768;
“registrar” means the registrar of criminal appeals or the registrar of the Courts-Martial Appeal Court as the case may be;
“the 1968 Regulations” means the Legal Aid in Criminal Proceedings (General) Regulations 19689;
“solicitor” means a solicitor assigned under section 30 or 31 of the Act;
“trial judge” means the judge who presided at the hearing at which the defendant was substantively dealt with and in respect of which the costs are payable;
“taxing master” means a taxing master of the Supreme Court.
(2) Unless the context otherwise requires, any reference in these Regulations to a Schedule by number means the Schedule so numbered to these Regulations and any reference to a paragraph of a Schedule by number means the paragraph so numbered in that Schedule.
The appropriate authority
3.—(1) Subject to paragraphs (2) and (3), the appropriate authority shall be—
(a)
(a) the registrar in the case of proceedings in the Court of Appeal;
(b)
(b) an officer appointed by the Lord Chancellor in the case of proceedings in the Crown Court;
(c)
(c) the Law Society in the case of proceedings in a magistrates' court.
(2) For costs claimed in respect of advice or assistance given under section 30(5), (6) or (7) of the Act the appropriate authority shall be—
(a)
(a) the registrar where the proceedings in respect of which an appeal was considered were conducted in the Crown Court and, on the advice of the counsel or solicitor assigned, notice of appeal or application for leave to appeal to the Court of Appeal is given (whether or not such appeal is later abandoned);
(b)
(b) the officer appointed by the Lord Chancellor under paragraph (1)(b) in all other cases where the proceedings were conducted in the Crown Court;
(c)
(c) the Law Society in cases where the proceedings were conducted in a magistrates' court.
(3) The appropriate authority may appoint or authorise the appointment of determining officers to act on, its behalf under these Regulations in accordance with directions given by it or on its behalf.
General
4.—(1) Costs in respect of work done under a legal aid order shall be determined by the appropriate authority in accordance with these Regulations.
(2) Representation or advice given before the making of a legal aid order under section 28(2), (3) or (4) of the Act shall be deemed to be work done under that order for the purposes of these Regulations, if the appropriate authority is satisfied that—
(a)
(a) the interests of justice required that the representation or advice be provided as a matter of urgency;
(b)
(b) there was no undue delay in making the application for a legal aid order; and
(c)
(c) the representation or advice was given by the solicitor who was subsequently assigned under the legal aid order.
(3) In determining costs the appropriate authority shall, subject to these Regulations,—
(a)
(a) take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved, and
(b)
(b) allow fair remuneration for work actually and reasonably done.
Claims for costs by solicitors
5.—(1) Subject to regulation 15, no claim by a solicitor for costs in respect of work done under a legal aid order shall be entertained unless the solicitor submits it within three months of the conclusion of the proceedings to which the legal aid order relates.
(2) Subject to paragraph (3), a claim for costs shall be submitted to the appropriate authority in such form and manner as it may direct and shall be accompanied by the legal aid order and any receipts or other documents in support of any disbursements claimed.
(3) A claim shall—
(a)
(a) summarise the items of work done by a fee-earner in respect of which fees are claimed according to the classes specified in regulation 6(1) or in paragraph 4(2) of Schedule 1 Part II;
(b)
(b) state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person;
(c)
(c) in the case of proceedings in the Crown Court or Court of Appeal, specify, where appropriate, the fee-earner who undertook each of the items of work claimed;
(d)
(d) give particulars of any work done in relation to more than one indictment or a retrial;
(e)
(e) specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.
(4) Where the solicitor claims that—
(a)
(a) representation or advice given before the making of the legal aid order should be deemed to be work done under that order, or
(b)
(b) paragraph 3 of Schedule 1 Part I should be applied in relation to an item of work, he shall give full particulars in support of his claim.
(5) Where there are any special circumstances which should be drawn to the attention of the appropriate authority, the solicitor shall specify them.
(6) The solicitor shall supply such further particulars, information and documents as the appropriate authority may require.
Determination of solicitors' fees
6.—(1) Subject to paragraph (5), the appropriate authority may allow work done by fee-earners in the following classes—
(a)
(a) preparation, including taking instructions, interviewing witnesses, ascertaining the prosecution case, advising on plea and mode of trial, preparing and perusing documents, dealing with letters and telephone calls which are not routine, preparing for advocacy, instructing counsel and expert witnesses, conferences, consultations, views and work done in connection with advice on appeal or case stated;
(b)
(b) advocacy, including applications for bail and other applications to the court;
(c)
(c) attendance at court where counsel is assigned, including conferences with counsel at court;
(d)
(d) travelling and waiting;
(e)
(e) dealing with routine letters written and routine telephone calls.
(2) The appropriate authority shall consider the claim, any further particulars, information or documents submitted by the solicitor under regulation 5 and any other relevant information and shall allow—
(a)
(a) such work as appears to it to have been actually and reasonably done under the legal aid order (including any representation or advice which is deemed to be work done under that order) by a fee-earner, classifying such work according to the classes specified in paragraph (1) as it considers appropriate; and
(b)
(b) such time in respect of each class of work allowed by it (other than dealing with routine letters written and routine telephone calls) as it considers reasonable
and, in any proceedings which are specified in paragraph 1(2) of Schedule 1 Part II, the appropriate authority shall proceed in accordance with the provisions of paragraph 3 of that Part of that Schedule.
(3) Subject to paragraphs (2) and (4), the appropriate authority shall allow fees for work allowed by it under...
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