The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018
Jurisdiction | UK Non-devolved |
Citation | SI 2018/1323 |
Year | 2018 |
2018 No. 1323
Legal Aid And Advice, England And Wales
The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018
Made 7th December 2018
Laid before Parliament 10th December 2018
Coming into force 31th December 2018
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 2(3) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.
PART 1
Preliminary
Citation and commencement
1. These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 and come into force on 31st December 2018.
PART 2
Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013
Introductory
2. The Criminal Legal Aid (Remuneration) Regulations 20132are amended in accordance with this Part.
Amendment of regulation 2 (interpretation)
3. In regulation 2(1), in the definition of “AGFS Banding Document” for “version 1.1 (February 2018)” substitute “version 1.2 (December 2018)”3.
Amendment of Schedule 1 (advocates’ graduated fee scheme)
Schedule 1 is amended as follows.
4. Schedule 1 is amended as follows.
5. In paragraph 5 (basic fees), for the table substitute—
“(1) Band of offence |
Amount of basic fee per category of trial advocate |
||
(2) Junior Alone or Led Junior |
(3) Leading Junior |
(4) Queen’s Counsel |
|
1.1 |
£8,585 |
£12,880 |
£17,170 |
1.2 |
£4,295 |
£6,445 |
£8,590 |
1.3 |
£2,575 |
£3,865 |
£5,150 |
1.4 |
£2,145 |
£3,220 |
£4,290 |
2.1 |
£8,585 |
£12,880 |
£17,170 |
2.2 |
£2,575 |
£3,865 |
£5,150 |
3.1 |
£3,535 |
£5,305 |
£7,070 |
3.2 |
£2,020 |
£3,030 |
£4,040 |
3.3 |
£1,200 |
£1,800 |
£2,400 |
3.4 |
£850 |
£1,275 |
£1,700 |
3.5 |
£750 |
£1,125 |
£1,500 |
4.1 |
£2,020 |
£3,030 |
£4,040 |
4.2 |
£1,565 |
£2,350 |
£3,130 |
4.3 |
£1,515 |
£2,275 |
£3,030 |
5.1 |
£1,900 |
£2,850 |
£3,800 |
5.2 |
£1,415 |
£2,125 |
£2,830 |
5.3 |
£1,010 |
£1,515 |
£2,020 |
6.1 |
£8,485 |
£12,730 |
£16,970 |
6.2 |
£7,700 |
£11,550 |
£15,400 |
6.3 |
£2,855 |
£4,285 |
£5,710 |
6.4 |
£1,010 |
£1,515 |
£2,020 |
6.5 |
£810 |
£1,215 |
£1,620 |
7.1 |
£1,415 |
£2,125 |
£2,830 |
7.2 |
£810 |
£1,215 |
£1,620 |
7.3 |
£760 |
£1,140 |
£1,520 |
8.1 |
£1,210 |
£1,815 |
£2,420 |
9.1 |
£5,860 |
£8,790 |
£11,720 |
9.2 |
£4,040 |
£6,060 |
£8,080 |
9.3 |
£3,030 |
£4,545 |
£6,060 |
9.4 |
£2,650 |
£3,975 |
£5,300 |
9.5 |
£1,615 |
£2,425 |
£3,230 |
9.6 |
£1,210 |
£1,815 |
£2,420 |
9.7 |
£810 |
£1,215 |
£1,620 |
10.1 |
£2,220 |
£3,330 |
£4,440 |
11.1 |
£1,400 |
£2,100 |
£2,800 |
11.2 |
£800 |
£1,200 |
£1,600 |
12.1 |
£2,120 |
£3,180 |
£4,240 |
12.2 |
£1,315 |
£1,975 |
£2,630 |
12.3 |
£910 |
£1,365 |
£1,820 |
13.1 |
£1,800 |
£2,700 |
£3,600 |
14.1 |
£2,325 |
£3,490 |
£4,650 |
15.1 |
£1,615 |
£2,425 |
£3,230 |
15.2 |
£1,400 |
£2,100 |
£2,800 |
15.3 |
£850 |
£1,275 |
£1,700 |
16.1 |
£2,220 |
£3,330 |
£4,440 |
16.2 |
£1,615 |
£2,425 |
£3,230 |
16.3 |
£1,010 |
£1,515 |
£2,020 |
17.1 |
£725 |
£1,090 |
£1,450”. |
6. In paragraph 5A (daily attendance fees), for the table substitute—
“(1) Band of offence |
Amount of daily attendance fee per category of trial advocate |
||
(2) Junior Alone or Led Junior |
(3) Leading Junior |
(4) Queen’s Counsel |
|
1.1 |
£580 |
£870 |
£1,160 |
1.2 |
£580 |
£870 |
£1,160 |
1.3 |
£580 |
£870 |
£1,160 |
1.4 |
£580 |
£870 |
£1,160 |
2.1 |
£580 |
£870 |
£1,160 |
2.2 |
£580 |
£870 |
£1,160 |
3.1 |
£505 |
£760 |
£1,010 |
3.2 |
£505 |
£760 |
£1,010 |
3.3 |
£505 |
£760 |
£1,010 |
3.4 |
£505 |
£760 |
£1,010 |
3.5 |
£400 |
£600 |
£800 |
4.1 |
£530 |
£795 |
£1,060 |
4.2 |
£505 |
£760 |
£1,010 |
4.3 |
£480 |
£720 |
£960 |
5.1 |
£530 |
£795 |
£1,060 |
5.2 |
£505 |
£760 |
£1,010 |
5.3 |
£480 |
£720 |
£960 |
6.1 |
£530 |
£795 |
£1,060 |
6.2 |
£505 |
£760 |
£1,010 |
6.3 |
£405 |
£610 |
£810 |
6.4 |
£400 |
£600 |
£800 |
6.5 |
£400 |
£600 |
£800 |
7.1 |
£505 |
£760 |
£1,010 |
7.2 |
£455 |
£685 |
£910 |
7.3 |
£405 |
£610 |
£810 |
8.1 |
£505 |
£760 |
£1,010 |
9.1 |
£530 |
£795 |
£1,060 |
9.2 |
£530 |
£795 |
£1,060 |
9.3 |
£455 |
£685 |
£910 |
9.4 |
£455 |
£685 |
£910 |
9.5 |
£455 |
£685 |
£910 |
9.6 |
£405 |
£610 |
£810 |
9.7 |
£400 |
£600 |
£800 |
10.1 |
£530 |
£795 |
£1,060 |
11.1 |
£455 |
£685 |
£910 |
11.2 |
£400 |
£600 |
£800 |
12.1 |
£505 |
£760 |
£1,010 |
12.2 |
£505 |
£760 |
£1,010 |
12.3 |
£505 |
£760 |
£1,010 |
13.1 |
£505 |
£760 |
£1,010 |
14.1 |
£555 |
£835 |
£1,110 |
15.1 |
£505 |
£760 |
£1,010 |
15.2 |
£405 |
£610 |
£810 |
15.3 |
£400 |
£600 |
£800 |
16.1 |
£555 |
£835 |
£1,110 |
16.2 |
£505 |
£760 |
£1,010 |
16.3 |
£505 |
£760 |
£1,010 |
17.1 |
£400 |
£600 |
£800”. |
7. In paragraph 6(2)(b) (scope of Part 3), for sub-paragraph (ii) substitute—
“(ii)
“(ii) the defendant pleads guilty to one or more counts on the indictment and the prosecution offer no evidence on a remaining count, or otherwise do not proceed to trial on a remaining count.”.
8.—(1) Paragraph 8 (basic fees for guilty pleas and cracked trials) is amended as follows.
(2) For Table A substitute—
Basic fees where there is a guilty plea or where the trial cracks in the first third or the second third
“(1) Band of offence |
Amount of basic fee per category of trial advocate |
||
(2) Junior Alone or Led Junior |
(3) Leading Junior |
(4) Queen’s Counsel |
|
1.1 |
£4,295 |
£6,440 |
£8,585 |
1.2 |
£2,150 |
£3,220 |
£4,295 |
1.3 |
£1,290 |
£1,930 |
£2,575 |
1.4 |
£1,075 |
£1,610 |
£2,145 |
2.1 |
£4,295 |
£6,440 |
£8,585 |
2.2 |
£1,290 |
£1,930 |
£2,575 |
3.1 |
£1,770 |
£2,650 |
£3,535 |
3.2 |
£1,010 |
£1,515 |
£2,020 |
3.3 |
£600 |
£900 |
£1,200 |
3.4 |
£425 |
£640 |
£850 |
3.5 |
£375 |
£565 |
£750 |
4.1 |
£1,010 |
£1,515 |
£2,020 |
4.2 |
£785 |
£1,175 |
£1,565 |
4.3 |
£760 |
£1,135 |
£1,515 |
5.1 |
£950 |
£1,425 |
£1,900 |
5.2 |
£710 |
£1,060 |
£1,415 |
5.3 |
£505 |
£760 |
£1,010 |
6.1 |
£4,245 |
£6,365 |
£8,485 |
6.2 |
£3,850 |
£5,775 |
£7,700 |
6.3 |
£1,430 |
£2,140 |
£2,855 |
6.4 |
£505 |
£760 |
£1,010 |
6.5 |
£405 |
£610 |
£810 |
7.1 |
£710 |
£1,060 |
£1,415 |
7.2 |
£405 |
£610 |
£810 |
7.3 |
£380 |
£570 |
£760 |
8.1 |
£605 |
£910 |
£1,210 |
9.1 |
£2,930 |
£4,395 |
£5,860 |
9.2 |
£2,020 |
£3,030 |
£4,040 |
9.3 |
£1,515 |
£2,275 |
£3,030 |
9.4 |
£1,325 |
£1,990 |
£2,650 |
9.5 |
£810 |
£1,210 |
£1,615 |
9.6 |
£605 |
£910 |
£1,210 |
9.7 |
£405 |
£610 |
£810 |
10.1 |
£1,110 |
£1,665 |
£2,220 |
11.1 |
£700 |
£1,050 |
£1,400 |
11.2 |
£400 |
£600 |
£800 |
12.1 |
£1,060 |
£1,590 |
£2,120 |
12.2 |
£660 |
£985 |
£1,315 |
12.3 |
£455 |
£685 |
£910 |
13.1 |
£900 |
£1,350 |
£1,800 |
14.1 |
£1,165 |
£1,745 |
£2,325 |
15.1 |
£810 |
£1,210 |
£1,615 |
15.2 |
£700 |
£1,050 |
£1,400 |
15.3 |
£425 |
£640 |
£850 |
16.1 |
£1,110 |
£1,665 |
£2,220 |
16.2 |
£810 |
£1,210 |
£1,615 |
16.3 |
£505 |
£760 |
£1,010 |
17.1 |
£365 |
£545 |
£725”. |
(3) For Table B substitute—
Basic fees where the trial cracks in the final third
“(1) Band of offence |
Amount of basic fee per category of trial advocate |
||
(2) Junior Alone or Led Junior |
(3) Leading Junior |
(4) Queen’s Counsel |
|
1.1 |
£7,295 |
£10,945 |
£14,595 |
1.2 |
£3,650 |
£5,475 |
£7,300 |
1.3 |
£2,190 |
£3,285 |
£4,380 |
1.4 |
£1,825 |
£2,735 |
£3,645 |
2.1 |
£7,295 |
£10,945 |
£14,595 |
2.2 |
£2,190 |
£3,285 |
£4,380 |
3.1 |
£3,005 |
£4,505 |
£6,010 |
3.2 |
£1,715 |
£2,575 |
£3,435 |
3.3 |
£1,020 |
£1,530 |
£2,040 |
3.4 |
£725 |
£1,085 |
£1,445 |
3.5 |
£640 |
£955 |
£1,275 |
4.1 |
£1,715 |
£2,575 |
£3,435 |
4.2 |
£1,330 |
£1,995 |
£2,660 |
4.3 |
£1,290 |
£1,930 |
£2,575 |
5.1 |
£1,615 |
£2,425 |
£3,230 |
5.2 |
£1,205 |
£1,805 |
£2,405 |
5.3 |
£860 |
£1,290 |
£1,715 |
6.1 |
£7,210 |
£10,820 |
£14,425 |
6.2 |
£6,545 |
£9,820 |
£13,090 |
6.3 |
£2,425 |
£3,640 |
£4,855 |
6.4 |
£860 |
£1,290 |
£1,715 |
6.5 |
£690 |
£1,035 |
£1,375 |
7.1 |
£1,205 |
£1,805 |
£2,405 |
7.2 |
£690 |
£1,035 |
£1,375 |
7.3 |
£645 |
£970 |
£1,290 |
8.1 |
£1,030 |
£1,545 |
£2,055 |
9.1 |
£4,980 |
£7,470 |
£9,960 |
9.2 |
£3,435 |
£5,150 |
£6,870 |
9.3 |
£2,575 |
£3,865 |
£5,150 |
9.4 |
£2,255 |
£3,380 |
£4,505 |
9.5 |
£1,375 |
£2,060 |
£2,745 |
9.6 |
£1,030 |
£1,545 |
£2,055 |
9.7 |
£690 |
£1,035 |
£1,375 |
10.1 |
£1,885 |
£2,830 |
£3,775 |
11.1 |
£1,190 |
£1,785 |
£2,380 |
11.2 |
£680 |
£1,020 |
£1,360 |
12.1 |
£1,800 |
£2,705 |
£3,605 |
12.2 |
£1,120 |
£1,675 |
£2,235 |
12.3 |
£775 |
£1,160 |
£1,545 |
13.1 |
£1,530 |
£2,295 |
£3,060 |
14.1 |
£1,975 |
£2,965 |
£3,955 |
15.1 |
£1,375 |
£2,060 |
£2,745 |
15.2 |
£1,190 |
£1,785 |
£2,380 |
15.3 |
£725 |
£1,085 |
£1,445 |
16.1 |
£1,885 |
£2,830 |
£3,775 |
16.2 |
£1,375 |
£2,060 |
£2,745 |
16.3 |
£860 |
£1,290 |
£1,715 |
17.1 |
£615 |
£925 |
£1,235”. |
9. In paragraph 9(2)(b) (scope of Part 4), for sub-paragraph (ii) substitute—
“(ii)
“(ii) the defendant pleads guilty to one or more counts on the indictment and the prosecution offer no evidence on a remaining count, or otherwise do not proceed to trial on a remaining count.”.
10. In paragraph 10 (fixed fee for guilty pleas or cracked trials), for “£194” substitute “£365”.
11. In paragraph 14(2) (fees for confiscation hearings), for the table substitute—
Fees for confiscation hearings
“ |
Fee for QC |
>Fee for Leading Junior |
Fee for Junior Alone |
Fee for Led Junior |
1. Daily and half daily rates |
||||
Half daily rate |
£263 |
£197 |
£131 |
£131 |
Daily rate |
£502 |
£349 |
£240 |
£240 |
2. Pages of evidence |
||||
51-250 |
£655 |
£546 |
£437 |
£327 |
251-500 |
£983 |
£819 |
£655 |
£491 |
501-750 |
£1,311 |
£1,092 |
£874 |
£655 |
751-1000 |
£1,965 |
£1,638 |
£1,311 |
£983 |
3. Preparation hourly rates |
£74.74 |
£56.56 |
£39.39 |
£39.39”. |
12. In paragraph 17(1)(a) (fees for special preparation)--
(a) before “novel point of law” insert “very unusual or”;
(b) after “novel point of law” insert “or factual issue”.
13.—(1) Paragraph 19A (fees for further case management hearings and plea and trial preparation hearings) is amended as follows.
(2) The existing paragraph is renumbered as sub-paragraph (1).
(3) After sub-paragraph (1) insert—
“2 But if a guilty plea is entered at a plea and trial preparation hearing, the fee payable to the advocate for that hearing is the amount set out in Table A following paragraph 8 which corresponds with the band within which the offence falls and the category of the advocate concerned.”.
14. In paragraph 21 (fees for contempt proceedings)—
(a) in the table following sub-paragraph (1) for—
(i) “300” substitute “303”;
(ii) “225” substitute “227”;
(iii) “150” substitute “152”;
(b) in the table following sub-paragraph (2) for—
(i) “175” substitute “177”;
(ii) “125” substitute “126”;
(iii) “100” substitute “101”.
15. In paragraph 24 (fixed...
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