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The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013

Consolidated Text Cited authorities 5 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2013/2803

2013 No. 2803

Legal Aid And Advice, England And Wales

The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013

Made 31th October 2013

Laid before Parliament 1st November 2013

Coming into force 2nd December 2013

The Lord Chancellor makes the following Regulations1in exercise of the powers conferred by sections 2(3) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 20122.

1 GENERAL AND AMENDMENTS

PART 1

GENERAL AND AMENDMENTS

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 and come into force on 2nd December 2013.

S-2 Interpretation

Interpretation

2. In these Regulations—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and

“the Remuneration Regulations” means the Criminal Legal Aid (Remuneration) Regulations 20133.

S-3 Amendment to the Remuneration Regulations

Amendment to the Remuneration Regulations

3.—(1) The Remuneration Regulations are amended as follows.

(2) In the Table of Contents, at the appropriate places insert—

(a)

(a) “12A. Fees in Very High Cost Cases”; and

(b)

(b) “SCHEDULE 6 — Fees in Very High Cost Cases”.

(3) In regulation 2(1) (interpretation), after the definition of “Very High Cost Case”, insert—

““Very High Cost Case contract” means the 2013 VHCC contract between the Lord Chancellor and a representative for the provision of representation under section 16 of the Act (criminal legal aid)4.”.

(4) In regulation 3(8) (scope)—

(a)

(a) for “regulation 12 and” substitute “regulations 12 and 12A,”; and

(b)

(b) after “Schedule 2” insert “and Schedule 6”.

(5) After regulation 12 (notification of Very High Cost Cases) insert—

S-12A

“Fees in Very High Cost Cases

12A. Where services consisting of representation made available under section 16 of the Act (criminal legal aid) are provided in a case which is the subject of a Very High Cost Case contract, fees for that case must be paid—

(a) in accordance with the terms of that contract; and

(b) at the rates set out for the appropriate category and level of representative set out in Schedule 6 to these Regulations.”.

(6) In paragraph 11(1) of Schedule 4 (Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases), omit “Treatment Cases,”.

(7) For Schedule 5 (experts’ Fees and Rates) to the Remuneration Regulations substitute Schedule 5 as set out in Schedule 1 to these Regulations.

(8) After Schedule 5 to the Remuneration Regulations insert Schedule 6 as set out in Schedule 2 to these Regulations.

2 TRANSITIONAL PROVISIONS

PART 2

TRANSITIONAL PROVISIONS

S-4 Very High Cost Cases

Very High Cost Cases

4. The amendments made by regulation 3(2) to (5) and (8) apply in relation to fees for work undertaken on or after 2nd December 2013.

S-5 Prison law

Prison law

5.—(1) The amendment made by regulation 3(6) does not apply to any fees claimed in a case in relation to which the application for advice and assistance under section 15 of the Act (advice and assistance for criminal proceedings) was made before 2nd December 2013.

(2) For the purpose of this regulation, an application is made before 2nd December 2013 if the application is—

(a)

(a) in paper form and is—

(i) signed and dated by the provider before 2nd December 2013; and

(ii) received by the Director by 5:00pm on 2nd January 2014; or

(b)

(b) made over the telephone to the provider and—

(i) the telephone call is made before 2nd December 2013; and

(ii) the application form is signed and dated by the provider and is received by the Director within 30 days of the telephone call.

(3) In this regulation, “provider” means a person with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements) for the provision of criminal legal aid.

S-6 Experts’ fees

Experts’ fees

6.—(1) The amendment made by regulation 3(7) applies to proceedings in which a relevant determination is made on or after 2nd December 2013.

(2) In this regulation a “relevant determination” means a determination made under section 13, 15 or 16 of the Act for the provision of advice, assistance or representation.

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

31st October 2013

SCHEDULE 1

Regulation 3(7)

SCHEDULE 1

“SCHEDULE 5

Regulation 16

Experts’ Fees and Rates

Expert

Non-London - hourly rate unless stated to be a fixed fee

London - hourly rate unless stated to be a fixed fee

A&E consultant

£100.80

£108

Accident reconstruction

£72

£54.40

Accountant

£64

£64

Accountant (general staff)

£40

£40

Accountant (manager)

£86.40

£86.40

Accountant (partner)

£115.20

£115.20

Anaesthetist

£108

£72

Architect

£79.20

£72

Back calculations

£144 fixed fee

£151.20 fixed fee

Benefit expert

£72

£72

Cardiologist

£115.20

£72

Cell telephone site analysis

£72

£72

Child psychiatrist

£108

£72

Child psychologist

£100.80

£72

Computer expert

£72

£72

Consultant engineer

£72

£54.40

Dentist

£93.60

£72

Dermatologist

£86.40

£72

Disability consultant

£54.40

£54.40

DNA (testing of sample)

£252 per test

£252 per test

DNA (preparation of report)

£72

£72

Doctor (GP)

£79.20

£72

Drug expert

£72

£72

Employment consultant

£54.40

£54.40

Enquiry agent

£25.60

£18.40

ENT surgeon

£100.80

£72

Facial Mapping

£108

£72

Fingerprint expert

£72

£37.60

Fire investigation

£72

£54.40

Firearm expert

£72

£72

Forensic scientist

£90.40

£72

General surgeon

£108

£72

Geneticist

£86.40

£72

GP (records report)

£50.40 fixed fee

£72 fixed fee

Gynaecologist

£108

£72

Haematologist

£97.60

£72

Handwriting expert

£72

£72

Interpreter

£28

£25

Lip reader/Signer

£57.60

£32.80

Mediator

£100.80

£100.80

Medical consultant

£108

£72

Medical microbiologist

£108

£72

Medical Report

£79.20

£72

Meteorologist

£100.80

£144 fixed fee

Midwife

£72

£72

Neonatologist

£108

£72

Neurologist

£122.40

£72

Neuropsychiatrist

£126.40

£72

Neuroradiologist

£136.80

£72

Neurosurgeon

£136.80

£72

Nursing expert

£64.80

£64.80

Obstetrician

£108

£72

Occupational therapist

£54.40

£54.40

Oncologist

£112

£72

Orthopaedic surgeon

£115.20

£72

Paediatrician

£108

£72

Pathologist

£122.40

£432 fixed fee

Pharmacologist

£97.60

£72

Photographer

£25.60

£18.40

Physiotherapist

£64.80

£64.80

Plastic surgeon

£108

£72

Process server

£25.60

£18.40

Psychiatrist

£108

£72

Psychologist

£93.60

£72

Radiologist

£108

£72

Rheumatologist

£108

£72

Risk assessment expert

£50.40

£50.40

Speech therapist

£79.20

£72

Surgeon

£108

£72

Surveyor

£40

£40

Telecoms expert

£72

£72

Toxicologist

£108

£72

Urologist

£108

£72

Vet

£72

£72

Voice recognition

£93.60

£72”

SCHEDULE 2

Regulation 3(8)

SCHEDULE 2

“SCHEDULE 6

Regulation 12A

Fees in Very High Cost Cases

PART 1

Interpretation and Application

Interpretation

In this Schedule—

a reference to a level is a reference to that level as defined in the Very High Cost Case contract;

a reference to a category is a reference to that category as defined in that contract;

the standard rates apply to work as described in the Very High Cost Case contract Guide5; and

the preliminary hearing, half day and full day rates apply as described in the Very High Cost Case contract Guide.

In this Part—

“Task List” has the meaning given in the Very High Cost Case contract;

“parties” means the representative who has signed the Very High Cost Case contract and the Lord Chancellor.

In Table 2, a junior may be either a barrister or a solicitor-advocate.

Application

This paragraph makes provision in relation to the application of this Schedule to work done in a case which is the subject of a Very High Cost Case contract signed by the parties before 2nd December 2013.

Part 2 of this Schedule applies to work done pursuant to any Task List agreed between the parties before 2nd December 2013.

Subject to sub-paragraph (4), Part 3 of this Schedule applies to work done pursuant to any Task List agreed between the parties on or after 2nd December 2013.

Part 2 of this Schedule applies to work done in a case in which—

the court has set a trial date before 2nd December 2013; and

that trial date is on or before 31st March 2014.

For the purpose of sub-paragraph (4), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.

Part 3 of this Schedule applies to work done in a case which is the subject of a Very High Cost Case contract signed by the parties on or after 2nd December 2013.

PART 2

Preparation (hourly rates)

Category 1 (£)

Category 2 (£)

Category 3 (£)

Category 4 (£)

Standard Rates (£)

Litigator

Level A

145.00

113.00

91.00

91.00

55.75

Level B

127.00

100.00

79.00

79.00

47.25

Level C

84.00

65.00

51.00

51.00

34.00

Pupil/junior

45.00

36.00

30.00

30.00

Barrister

QC

145.00

113.00

91.00

91.00

Leading junior

127.00

100.00

79.00

79.00

Led junior

91.00

73.00

61.00

61.00

Junior alone

100.00

82.00

70.00

70.00

2nd Led junior

63.00

50.00

43.00

43.00

Solicitor Advocate

Leading level A

145.00

113.00

91.00

91.00

Led level A

127.00

100.00

79.00

79.00

Leading level B

127.00

100.00

79.00

79.00

Led level B

104.00

86.00

66.00

66.00

Level A alone

131.00

109.00

88.00

88.00

Level B alone

113.00

95.00

75.00

75.00

Second advocate

63.00

50.00

43.00

43.00

Advocacy rates

Preliminary hearing (£)

Half day (£)

Full day (£)

QC

113.00

238.00

476.00

Leading junior

86.00

195.00

390.00

Led junior

58.00

126.00

252.00

Junior alone

67.00

143.00

285.00

2nd Led junior

34.00

64.00

128.00

Noting junior

29.00

55.00

109.00

Attendance at court with Advocate (hourly rates for litigators)

£

Level A

42.25

Level B

34.00

Level C

20.50

Travelling, waiting and mileage

£

Travelling (hourly rates)

25.00 (up to a maximum of 4 hours in one day)

Waiting (hourly rates)

25.00

Mileage

00.45 per mile

PART 3

Preparation (hourly rates)

Category 1 (£)

Category 2 (£)

Category 3 (£)

Category 4 (£)

Standard Rates (£)

Litigator

Level A

101.50

79.10

6...

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