The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020

Citation and commencement

1.—(1) These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020.

(2) Subject to paragraph (3), these Regulations come into force on 17th September 2020.

(3) Regulation 3 and regulation 6 come into force on 19th October 2020.

Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013

2. The Criminal Legal Aid (Remuneration) Regulations 2013²are amended as follows.

Omission of regulation 10

3. Regulation 10 (cases sent for trial to the Crown Court) is omitted.

Amendment of Schedule 1

4.—(1) Schedule 1 (advocates’ graduated fee scheme) is amended as follows.

(2) In paragraph 1(1) (interpretation), after the definition of “substitute advocate” insert—

““unused material” means material disclosed pursuant to the prosecutors’ obligations in Part 1 of the Criminal Procedure and Investigations Act 1996³, but does not include—

(a) witness statements;

(b) documentary and pictorial exhibits;

(c) records of interviews with the assisted person; and

(d) records of interviews with other defendants”.

(3) For paragraph 7 (calculation of graduated fees in guilty pleas and cracked trials) substitute—

(4) Omit paragraph 8 (basic fees for guilty pleas and cracked trials) but not the tables that follow it.

(5) In Table A, which following the omission of paragraph 8 by virtue of paragraph (4) now follows regulation 7, in the heading, for “Basic fees where there is a guilty plea or where the trial cracks in the first third or the second third” substitute “Fee for a guilty plea”.

(6) After Table A insert—

Fee for a cracked trial

(7) Omit Table B (basic fees where the trial cracks in the final third).

(8) In paragraph 11(2) (general provisions), for “paragraph 8” substitute “paragraph 7”.

(9) In paragraph 15(5) (fees for sentencing hearings), in the definition of “banded fee”, for “paragraph 8” substitute “paragraph 7”.

(10) In paragraph 17 (fees for special preparation)—

(a)

(a) before sub-paragraph (1)(b)(i) insert—

“in cases falling within bands 2.1 and 2.2 (terrorism offences), 750;

in cases falling within bands 3.1 to 3.5 (serious violence), 700;

in cases falling within bands 4.1. to 4.3 (sexual offences, children), 750;

in cases falling within bands 5.1 to 5.3 (sexual offences, adult), 650;”;

(b)

(b) after sub-paragraph (1)(b)(i) insert—

“in cases falling within bands 7.1 to 7.3 (property damage offences), 550;

in cases falling within band 8.1 (offences against the public interest, unless standard), 600;”;

(c)

(c) after sub-paragraph (1)(b)(ii) insert—

“in cases falling within band 10.1 (driving offences), 800;

in cases falling within bands 11.1 and 11.2 (burglary and robbery), 350;

in cases falling within bands 12.1 to 12.3 (firearms offences), 750;

in cases falling within band 13.1 (other offences against the person), 750;

in cases falling within band 14.1 (exploitation/human trafficking offences), 350;

in cases falling within bands 15.1 to 15.3 (public order offences), 150;

in cases falling within bands 16.1 to 16.3 (regulatory offences), 300;

in cases falling within band 17.1 (standard cases), 100;”.

(11) After paragraph 17 insert—

(12) In paragraph 19(2) (fees for conferences and views), for “paragraph 8” substitute “paragraph 7”.

(13) In paragraph 19A(2) (fees for further case management hearings and plea and trial preparation hearings), for “paragraph 8” substitute “paragraph 7”.

(14) In paragraph 22 (discontinuance or dismissal of proceedings)—

(a)

(a) in sub-paragraph (2), for “paragraph 8” substitute “paragraph 7”;

(b)

(b) in sub-paragraph (3), for “graduated fee calculated in accordance with paragraph 7” substitute “fee calculated in accordance with paragraph 7(a)”;

(c)

(c) in sub-paragraph (5), for a “graduated fee calculated in accordance with paragraph 7”, substitute “fee calculated in accordance with paragraph 7(a)”;

(d)

(d) in sub-paragraph (7), for “graduated fee calculated in accordance with paragraph 7”, substitute “fee calculated in accordance with paragraph 7(a)”;

(e)

(e) in sub-paragraph (8)(b), for “paragraph 8” substitute “paragraph 7”.

(15) In the table that follows paragraph 24 (fixed fees), after the entry relating to “special preparation” insert—

(16) In paragraph 24A(2) (warrant for arrest), for “paragraph 8” substitute “paragraph 7”.

(17) In paragraph 27 (additional charges and additional cases)—

(a)

(a) in sub-paragraph (2)(b)(i), for “paragraph 8” substitute “paragraph 7”;

(b)

(b) in sub-paragraph (4)(a), for “paragraph 8” substitute “paragraph 7”.

(18) In paragraph 31 (assisted person unfit to plead or stand trial)—

(a)

(a) in sub-paragraph (b)(ii), for “graduated fee calculated in accordance with paragraph 7” substitute “fee calculated in accordance with paragraph 7(b)”;

(b)

(b) in sub-paragraph (c)(ii), “graduated fee calculated in accordance with paragraph 7” substitute “fee calculated in accordance with paragraph 7(a)”.

Amendment of Schedule 2

5.—(1) Schedule 2 (litigators’ graduated fee scheme) is amended as follows.

(2) In paragraph 1(1), after the definition of “PPE Cut-off” insert—

“;

“unused material” means material disclosed pursuant to the prosecutors’ obligations in Part 1 of the Criminal Procedure and Investigations Act 1996, but does not include—

(a) witness statements;

(b) documentary and pictorial exhibits;

(c) records of interviews with the assisted person; and

(d) records of interviews with other defendants”.

(3) After paragraph 20 insert—