Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

JurisdictionUK Non-devolved
CitationSI 1989/343

1989No. 343

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (Costs)

Regulations 1989

3rdMarch1989

9thMarch1989

1stApril1989

ARRANGEMENT OF REGULATIONS

1. Citation, commencement, revocations and transitional provisions

2. Interpretation

3. The appropriate authority

4. General

5. Claims for costs by solicitors

6. Determination of solicitors' fees

7. Determination of solicitors' disbursements

8. Claims for fees by counsel

9. Determination of counsel's fees

10. Payment of costs

11. Notification of collecting court

12. Review of determinations by the Board

13. Appeals to committee appointed by the Board

14. Redetermination of costs by an appropriate authority other than the Board

15. Appeals to a taxing master

16. Appeals to the High Court

17. Time limits

18. House of Lords

SCHEDULES

1. Solicitors' fees

2. Counsel's fees

The Lord Chancellor, in exercise of the powers conferred on him by sections 2(5), (7), 25(2), 34 and 43 of the Legal Aid Act 1988 ( a), having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:-

Citation, commencement, revocations and transitional provisions

1.-(1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 and shall come into force on 1st April 1989.

(2) Subject to paragraph (3), the Legal Aid in Criminal Proceedings (Costs) Regulations 1988( b) and the Legal Aid in Criminal Proceedings (Costs)(Amendment) Regulations 1988( c), shall be revoked.

(3) These Regulations shall apply for the determination of costs which are payable in respect of work done on or after 1st April 1989 and costs payable in respect of work done before that date shall be determined as if these Regulations had not been made.

(4) Where a review under regulation 12 relates to a claim made before 1st June 1989, regulation 13(1) and (2) shall not apply and the solicitor may appeal in writing within 21 days of receipt of notification of the decision on the review to a committee appointed by the Board.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires,-

"the Act" means the Legal Aid Act 1988;

"appropriate authority" has the meaning assigned by regulation 3;

"area committee" has the meaning assigned to it by regulation 4 of the Civil Legal Aid (General) Regulations 1989( d);

"appropriate area committee" means the area committee in whose area is situated the magistrates' court at which a legal aid order was made;

"counsel" means counsel assigned under the legal aid order;

"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(2);

"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" and "legal aid order" have the meanings respectively assigned by the General Regulations;

"legal aid area" has the meaning assigned by paragraph 1(2) of Schedule 1 Part I;

"legal executive" means a fellow of the Institute of Legal Executives;

"registrar" means the registrar of criminal appeals or the registrar of the Courts-Martial Appeal Court, as the case may be;

"the General Regulations" means the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989( e);

"solicitor" means a solicitor assigned under the legal aid order;

"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.

(a) 1988 c.34; section 43 is an interpretation provision and is cited because of the meaning assigned to the word "regulations".

(b) S.I. 1988/423.

(c) S.I. 1988/2302.

(d) S.I. 1989/339

(e) S.I. 1989/344.

(2) Unless the context otherwise requires, any reference in these Regulations to a Regulation or Schedule by number means the Regulation or Schedule so numbered to these Regulations and any reference to a Part of a Schedule by number means the Part so numbered in that Schedule.

The appropriate authority

3.-(1) Subject to paragraphs (2), (3) and (4) the appropriate authority shall be-

(a) the registrar in the case of proceedings in the Court of Appeal;(b) an officer appointed by the Lord Chancellor in the case of criminal proceedings in the Crown Court;(c) the Board in the case of criminal proceedings in a magistrates' court;(d) the Board in the case of care proceedings.

(2) 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.

(3) For costs claimed in respect of advice or assistance as to an appeal from the Crown Court to the Court of Appeal, the appropriate authority shall be:-

(a) (except in the case of an appeal under section 9(11) of the Criminal Justice Act 1987( a)) the registrar where, on the advice of counsel or the solicitor assigned, notice of appeal is given, or application for leave to appeal is made, whether or not such appeal is later abandoned;(b) an officer appointed by the Lord Chancellor under paragraph (1)(b) in all other cases.

(4) For costs claimed in respect of advice or assistance as to an appeal from a magistrates' court to the Crown Court, the appropriate authority shall be the Board.

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) In determining costs, the appropriate authority shall, subject to and in accordance with these Regulations,-

(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) allow a reasonable amount in respect of all work reasonably done.

Claims for costs by solicitors

5.-(1) Subject to regulation 17, 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) 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) 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) 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) give particulars of any work done in relation to more than one indictment or a retrial;(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) regulation 44(7) of the General Regulations, or(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) 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) advocacy, including applications for bail and other applications to the court;(c) attendance at court where counsel is assigned, including conferences with counsel at court;(d) travelling and waiting;(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) such work as appears to it to have been 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) 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), (4) and (5), the appropriate authority shall allow fees for work allowed by it under this regulation in accordance with Schedule 1 Part I; provided that, where any work allowed was done after 30th June...

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