Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1990

JurisdictionUK Non-devolved
CitationSI 1990/488

1990 No. 488

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1990

Made 5th March 1990

Laid before Parliament 9th March 1990

Coming into force 1st April 1990

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 19881, 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:

S-1 These Regulations may be cited as the Legal Aid in Criminal and...

1. These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.

S-2 In these Regulations a regulation or Schedule referred to by...

2. In these Regulations a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 19892.

S-3 In regulation 6(3) for the date “30th June 1990” there shall be...

3.—(1) In regulation 6(3) for the date “30th June 1990” there shall be substituted “30th June 1991”.

(2) In regulation 9(5)(a) for the date “30th June 1990” there shall be substituted “30th June 1991”.

(3) For sub-paragraph (1) of paragraph 1 of Part I of Schedule 1 there shall be substituted, in respect of work done on or after 1st April 1990, the following sub-paragraph—

S-1

1.—(1) Subject to paragraphs 2 and 3, the appropriate authority shall allow fees for work allowed by it under regulation 6 at the following basic rates—

(a)

(a) Magistrates' court criminal proceedings

Class of work

Rate

Preparation

£39.25 per hour—(£41.75 per hour for a fee-earner whose office is situated within legal aid area 1, 13 or 14)

Advocacy

£49.50 per hour

Attendance at court where counsel assigned

£26.25 per hour

Travelling and waiting

£22 per hour

Routine letters written and routine telephone calls

£3.05 per item—(£3.15 per item for a fee-earner whose office is situated within legal aid area 1, 13 or 14)

(b)

(b) Magistrates' court care proceedings

Class of work

Rate

Preparation

£47.25 per hour—(£50.50 per hour for a fee-earner whose office is situated within legal aid area 1, 13 or 14)

Advocacy

£57 per hour

Attendance at court where counsel assigned

£30 per hour

Travelling and waiting

£26.50 per hour

Routine letters written and routine telephone calls

£3.40 per item

(c)

(c) Crown court criminal and Court of Appeal proceedings

Class of work

Grade of fee-earner

Rate

Preparation

Senior solicitor

£46 per hour—(£48.50 per hour for a fee-earner whose office is situated within legal aid area 1, 13 or 14)

Solicitor, legal executive or fee-earner of equivalent experience

£39.50 per hour—(£41.75 per hour for a fee-earner whose office is situated within legal aid area 1, 13 or 14)

Articled clerk or fee-earner of equivalent experience

£26 per hour—(£30 per hour for a fee-earner whose office is situated within legal aid area 1, 13 or 14)

Advocacy

Senior solicitor

£57 per hour

Solicitor

£49.50 per hour

Attendance at court where counsel assigned

Senior solicitor

£37.75 per hour

Solicitor, legal executive or fee-earner of equivalent experience

£29.50 per hour

Articled clerk or fee-earner of equivalent experience

£18.25 per hour

Travelling and waiting

Senior solicitor

£22 per hour

Solicitor, legal executive or fee-earner of equivalent experience

£22 per hour

Articled clerk or fee-earner of equivalent experience

£11 per hour

Routine letters written and routine telephone calls

£3.05 per item—(£3.15 per item for a fee-earner whose office is situated within legal aid area 1, 13 or 14)”

(4) For the table in paragraph 4(3) of Part II of Schedule 1 there shall be substituted, in respect of work done on or after 1st April 1990, the following table—

TABLE PREPARATION

“Type of proceedings

Lower standard fee

Lower fee limit

Principal standard fee

Upper fee limit

Jury trials (including any case prepared for trial in which no jury was sworn)

£114

£157

£220

£274

London rate

£121

£163

£229

£287

Guilty pleas

£72

£96

£154

£198

London rate

£76

£100

£160

£207

Appeals against conviction

£45

£60

£135

£204

London rate

£47

£62

£140

£214

Appeals against sentence

£32

£46

£82

£115

London rate

£34

£48

£86

£119

Committals for sentence

£37

£45

£86

£124

London rate

£39

£47

£90

£128

Advocacy in respect of bail applications

£23

London rate

£25

Attendance at court (including waiting) where counsel assigned

£19 per hour

Travelling

£16.25 per hour

(5) In paragraph 4(10) of Part II of Schedule 1 for the figure “£24.50” there shall be substituted the figure “£26.25” and for the figure “£26.00” there shall be substituted the figure “£28”.

(6) For sub-paragraph (11) of paragraph 4 of Part II of Schedule 1 there shall be substituted, in respect of work done on or after 1st April 1990, the following sub-paragraph—

S-11

“11 Where a fee-earner listens to a tape recording of an interview conducted under a code issued by the Secretary of State under section 60 of the Police and Criminal Evidence Act 19843, the standard preparation fee payable after application of any increase required by paragraphs 8(a) or 9 shall be further increased by £9.40 for every 10 minutes of the total running time of all tapes or parts of tapes listened to and by the same amount for any remaining period.”

(7) In paragraph 5 of Part I of Schedule 2, in respect of work done on or after 1st April 1990, the words “, unless counsel has no other effective case on that day and the standard appearance fee would be less than a sum equal to half of the standard basic fee for the case, in which case that sum shall be allowed” shall be omitted.

(8) For paragraph 6 of Part I of Schedule 2 there shall be substituted, in respect of work done on or after 1st April 1990, the following paragraph—

S-6

6. Where counsel attends in respect of a case which is listed for plea and on which a guilty plea is taken, and which is adjourned part-heard, the appropriate authority shall allow—

(a) the standard basic fee for the first hearing; and

(b) the standard appearance fee for the hearing at which the case is disposed of.”

(9) In paragraph 9 of Part I of Schedule 2 for the figure “£16” there shall be subsituted, in respect of work done on or after 1st April 1990, the figure “£17”.

(10) For paragraph 10 of Part I of Schedule 2 there shall be substituted, in respect of work done on or after 1st April 1990, the following paragraph—

S-10

10. Where counsel listens to a tape recording of an interview conducted under a code issued by the Secretary of State under section 60 of the Police and Criminal Evidence Act 1984, the standard basic fee payable after application of any increase required by paragraph 7(a) or 8 shall be further increased by £9.40 for every 10 minutes of the total running time of all tapes or parts of tapes listened to and by the same amount for any remaining period.”

(11) For the Table in Part I of Schedule 2 there shall be substituted, in respect of work done on or after 1st April 1990, the following Table—

TABLE

“Type of proceedings

Standard basic fee

Jury trials (including any case prepared for trial in which no jury is sworn)

£193

Guilty pleas

£102

Appeals against conviction

£102

Appeals against sentence

£64

Committals for sentence

£64

Standard appearance fee

£40

Standard refresher fee

1 Half day

£71

2 Full day

£136

3 More than a full day

£207

Standard written work fee

£26”

(12) For the tables in Part II of Schedule 2 there shall be substituted, in respect of work done on or after 1st April 1990, the following tables—

TABLE 1: JUNIOR COUNSEL

“Court

Type of proceedings

Basic fee

Full day refresher fee

Subsidiary fees

Attendance at consultations, conferences & views

Written work

Attendance at pre-trial reviews, applications and other appearances

Magistrates' Court

All cases

Maximum amount: £448

Maximum amount: £155

£26 per hour Minimum amount: £13

Maximum amount: £49

Maximum amount: £90

...

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