The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/311
Year2017

2017 No. 311

Legal Aid And Advice, England And Wales

The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017

Made 7th March 2017

Laid before Parliament 10th March 2017

Coming into force 1st April 2017

The Lord Chancellor makes the following Regulations1in exercise of the powers conferred by sections 2(3), 13(4) and (5), 15(5) to (7) and (9), 21(2), and 41(2) and (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 20122.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017 and come into force on 1st April 2017.

S-2 Amendments to the Criminal Legal Aid (General) Regulations 2013

Amendments to the Criminal Legal Aid (General) Regulations 2013

2.—(1) The Criminal Legal Aid (General) Regulations 20133are amended as follows.

(2) In regulation 2 (interpretation)—

(a)

(a) for the definition of “Unit of Work” substitute—

““Unit of Work” has the meaning given in paragraph 1.3 of the Specification to the 2017 Standard Crime Contract”, and

(b)

(b) in the definition of “2010 Standard Crime Contract”, for “2010 Standard Crime Contract”, substitute “2017 Standard Crime Contract”.

(3) In each of the following places, for “2010 Standard Crime Contract” substitute “2017 Standard Crime Contract”—

(a)

(a) regulation 8(b) (applications);

(b)

(b) regulation 11(3) (general);

(c)

(c) regulation 14 (applications), in both places it occurs;

(d)

(d) regulation 15(1)(b) (determinations);

(e)

(e) regulation 16(e)(ii) (withdrawal), and

(f)

(f) regulation 17(b) (appeal).

S-3 Amendment to the Criminal Legal Aid (Remuneration) Regulations 2013

Amendment to the Criminal Legal Aid (Remuneration) Regulations 2013

3.—(1) The Criminal Legal Aid (Remuneration) Regulations 20134are amended as follows.

(2) In regulation 3(5) (scope), omit “9,”.

(3) After regulation 3(5), insert—

S-5A

“5A Regulation 9 applies to proceedings in magistrates’ courts, to proceedings in the Crown Court and to proceedings in the Court of Appeal.”.

(4) In regulation 8 (claims for fees for certain categories of work to which the Standard Crime Contract applies), in both places it occurs, for “2010 Standard Crime Contract”, substitute “2017 Standard Crime Contract”.

(5) In Schedule 4 (Rates payable for the claims specified in Regulation 8)—

(a)

(a) in paragraph 1(a) (interpretation of this Schedule), for “2010 Standard Crime Contract”, substitute “2017 Standard Crime Contract”;

(b)

(b) in paragraph 2(8) (work conducted at the Police Station: Police Station advice and assistance), for “2010 Standard Crime Contract”, substitute “2017 Standard Crime Contract”;

(c)

(c) in paragraph 3(4) (work conducted outside the Police Station)—

(i) for the words from “the magistrates’ court” to “bail conditions”, substitute “magistrates’ courts in connection with an application relating to police bail”;

(ii) for the heading of the table, substitute “Advocacy Assistance in magistrates’ courts in connection with an application relating to police bail”, and

(d)

(d) in paragraph 7(2) (representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act), after “sub-paragraph”, insert “and this Unit of Work is subject to an Upper Limit of £1,368.75.”.

S-4 Amendment to the Criminal Legal Aid (Financial Resources) Regulations 2013

Amendment to the Criminal Legal Aid (Financial Resources) Regulations 2013

4. In regulation 5(2) (Advice and assistance: exceptions from requirement to make a determination in respect of an individual’s...

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