The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/1323
Year2018

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.

1 Preliminary

PART 1

Preliminary

Citation and commencement
S-1 Citation and commencement

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.

2 Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013

PART 2

Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013

Introductory
S-2 Introductory

Introductory

2. The Criminal Legal Aid (Remuneration) Regulations 20132are amended in accordance with this Part.

Amendment of regulation 2 (interpretation)
S-3 Amendment of regulation 2 (interpretation)

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)

Amendment of Schedule 1 (advocates’ graduated fee scheme)

S-4 Schedule 1 is amended as follows.

Schedule 1 is amended as follows.

4. Schedule 1 is amended as follows.

S-5 In paragraph 5 (basic fees), for the table substitute— (1) Band...

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”.

S-6 In paragraph 5A (daily attendance fees), for the table...

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”.

S-7 In paragraph 6(2)(b) (scope of Part 3), for sub-paragraph (ii)...

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.”.

S-8 Paragraph 8 (basic fees for guilty pleas and cracked trials) is...

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”.

S-9 In paragraph 9(2)(b) (scope of Part 4), for sub-paragraph (ii)...

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.”.

S-10 In paragraph 10 (fixed fee for guilty pleas or cracked trials),...

10. In paragraph 10 (fixed fee for guilty pleas or cracked trials), for “£194” substitute “£365”.

S-11 In paragraph 14(2) (fees for confiscation hearings), for the...

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”.

S-12 In paragraph 17(1)(a) (fees for special preparation)-- before...

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”.

S-13 Paragraph 19A (fees for further case management hearings and...

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—

S-2

“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.”.

S-14 In paragraph 21 (fees for contempt proceedings)— in the table...

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”.

S-15 In paragraph 24 (fixed fees), for the table substitute— Fixed...

15. In paragraph 24 (fixed...

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