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

JurisdictionUK Non-devolved
CitationSI 1990/488

1990No. 488

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (Costs)

(Amendment) Regulations 1990

5thMarch1990

9thMarch1990

1stApril1990

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:

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.

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 1989( b).

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-

"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) Magistrates' court criminal proceedings

(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. 1989/343.

Class of work

Rate

(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)

(c) Crown court criminal and Court of Appeal proceedings

Class of work

Grade of fee-earner

Rate

(£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

(£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)

Articled clerk or fee-earner of equivalent experience

Solicitor, legal executive or fee-earner of equivalent experience

Articled clerk or fee-earner of equivalent experience

(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)

London rate

Guilty pleas

London rate

Appeals against conviction

London rate

Appeals against sentence

London rate

Committals for sentence

London rate

Advocacy in respect of bail applications

London rate

Attendance at court (including waiting)

where counsel assigned

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-

"(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 1984( a), 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-

"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-

"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

(a) 1984 c.60.

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)

(1) Half day

(2) Full day

(3) More than a full day

(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

Crown Court

Jury trials

Maximum amount: £522

Cases prepared for trial in which no jury is sworn

Maximum amount: £304

Guilty pleas

Maximum amount: £184

£30 per hour Minimum amount: £15

Maximum amount: £56

Maximum amount: £95

Appeals against conviction

Maximum amount: £201

Maximum amount: £171

Appeals against conviction

Maximum amount: £103

Committals for sentence

Maximum amount: £103

TABLE 2: QUEEN'S 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: £4317

Maximum amount: £289

£50 per hour Minimum amount: £25

Maximum amount: £102

Maximum amount: £199

Crown Court

All cases

Maximum amount: £5243

Maximum amount: £321

£57 per hour Minimum amount: £29

Maximum amount: £116

Maximum amount: £250

Dated 28th...

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