The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022

2022 No. 848

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022

Made 19July 2022

Laid 20July 2022

Coming into force 30September 2022

The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 2(3) and 41(1)(a) and (b), (2)(a) and (b) and (3)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(a).

Citation, commencement, interpretation and extent

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

(Amendment) Regulations 2022 and come into force on 30th September 2022.

(2) In these Regulations, “the Remuneration Regulations” means the Criminal Legal Aid

(Remuneration) Regulations 2013(b).

(3) These Regulations extend to England and Wales.

Amendments to the Remuneration Regulations

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

(2) Schedule 1 is amended as set out in Schedule 1 to these Regulations.

(3) Schedule 2 is amended as set out in Schedule 2 to these Regulations.

(4) Schedule 3 is amended as set out in Schedule 3 to these Regulations.

(5) Schedule 4 is amended as set out in Schedule 4 to these Regulations.

(6) For Schedule 5, substitute the text in Schedule 5 to these Regulations.

(7) Schedule 6 is amended as set out in Schedule 6 to these Regulations.

Transitional provisions

3.—(1) These Regulations apply to matters in which a relevant determination is made on or after

30th September 2022.

(2) In this regulation a “relevant determination” means a determination made under section 13

(advice and assistance for individuals in custody), section 15 (advice and assistance for criminal

(a) 2012 c. 10.

(b) S.I. 2013/435 as amended by S.I. 2013/2803, S.I. 2014/2422, S.I. 2015/325, S.I. 2015/1369, S.I. 2015/1678, S.I. 2016/313,

S.I. 2017/311, S.I. 2017/1019, S.I. 2018/220, S.I. 2018/1323 and S.I. 2020/903. There are other amending instruments, but

none is relevant.

proceedings) or section 16 (representation for criminal proceedings) of the Legal Aid, Sentencing

and Punishment of Offenders Act 2012.

Sarah Dines

Parliamentary Undersecretary of State

19th July 2022 Ministry of Justice

SCHEDULE 1 Regulation 2(2)

Amendments to Schedule 1 to the Remuneration Regulations

1.—(1) Paragraph 2 (application) is amended as follows.

(2) In sub-paragraph (2), for “Sub-paragraphs (3) and (4) apply” substitute “Sub-paragraph (3)

applies”.

(3) In sub-paragraph (3), omit “Subject to sub-paragraph (4),”.

(4) Omit sub-paragraph (4).

(5) In sub-paragraph (5), for “Sub-paragraphs (6) and (7) apply” substitute “Sub-paragraph (6)

applies”.

(6) In sub-paragraph (6) omit “Subject to sub-paragraph (7)”.

(7) Omit sub-paragraph (7).

2. For the table following paragraph 5 (basic fees), 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 £9,873 £14,812 £19,746

1.2 £4,939 £7,412 £9,879

1.3 £2,961 £4,445 £5,923

1.4 £2,467 £3,703 £4,934

2.1 £9,873 £14,812 £19,746

2.2 £2,961 £4,445 £5,923

3.1 £4,065 £6,101 £8,131

3.2 £2,323 £3,485 £4,646

3.3 £1,380 £2,070 £2,760

3.4 £978 £1,466 £1,955

3.5 £863 £1,294 £1,725

4.1 £2,323 £3,485 £4,646

4.2 £1,800 £2,703 £3,600

4.3 £1,742 £2,616 £3,485

5.1 £2,185 £3,278 £4,370

5.2 £1,627 £2,444 £3,255

5.3 £1,162 £1,742 £2,323

6.1 £9,758 £14,640 £19,516

6.2 £8,855 £13,283 £17,710

6.3 £3,283 £4,928 £6,567

6.4 £1,162 £1,742 £2,323

6.5 £932 £1,397 £1,863

7.1 £1,627 £2,444 £3,255

7.2 £932 £1,397 £1,863

7.3 £874 £1,311 £1,748

8.1 £1,392 £2,087 £2,783

9.1 £6,739 £10,109 £13,478

9.2 £4,646 £6,969 £9,292

9.3 £3,485 £5,227 £6,969

9.4 £3,048 £4,571 £6,095

9.5 £1,857 £2,789 £3,715

9.6 £1,392 £2,087 £2,783

9.7 £932 £1,397 £1,863

10.1 £2,553 £3,830 £5,106

11.1 £1,610 £2,415 £3,220

11.2 £920 £1,380 £1,840

12.1 £2,438 £3,657 £4,876

12.2 £1,512 £2,271 £3,025

12.3 £1,047 £1,570 £2,093

13.1 £2,070 £3,105 £4,140

14.1 £2,674 £4,014 £5,348

15.1 £1,857 £2,789 £3,715

15.2 £1,610 £2,415 £3,220

15.3 £978 £1,466 £1,955

16.1 £2,553 £3,830 £5,106

16.2 £1,857 £2,789 £3,715

16.3 £1,162 £1,742 £2,323

17.1 £834 £1,254 £1,668”

3. For the table following paragraph 5A (daily attendance fees) 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 £667 £1,001 £1,334

1.2 £667 £1,001 £1,334

1.3 £667 £1,001 £1,334

1.4 £667 £1,001 £1,334

2.1 £667 £1,001 £1,334

2.2 £667 £1,001 £1,334

3.1 £581 £874 £1,162

3.2 £581 £874 £1,162

3.3 £581 £874 £1,162

3.4 £581 £874 £1,162

3.5 £460 £690 £920

4.1 £610 £914 £1,219

4.2 £581 £874 £1,162

4.3 £552 £828 £1,104

5.1 £610 £914 £1,219

5.2 £581 £874 £1,162

5.3 £552 £828 £1,104

6.1 £610 £914 £1,219

6.2 £581 £874 £1,162

6.3 £466 £702 £932

6.4 £460 £690 £920

6.5 £460 £690 £920

7.1 £581 £874 £1,162

7.2 £523 £788 £1,047

7.3 £466 £702 £932

8.1 £581 £874 £1,162

9.1 £610 £914 £1,219

9.2 £610 £914 £1,219

9.3 £523 £788 £1,047

9.4 £523 £788 £1,047

9.5 £523 £788 £1,047

9.6 £466 £702 £932

9.7 £460 £690 £920

10.1 £610 £914 £1,219

11.1 £523 £788 £1,047

11.2 £460 £690 £920

12.1 £581 £874 £1,162

12.2 £581 £874 £1,162

12.3 £581 £874 £1,162

13.1 £581 £874 £1,162

14.1 £638 £960 £1,277

15.1 £581 £874 £1,162

15.2 £466 £702 £932

15.3 £460 £690 £920

16.1 £638 £960 £1,277

16.2 £581 £874 £1,162

16.3 £581 £874 £1,162

17.1 £460 £690 £920”

4. Paragraph 6 (scope of Part 3) is omitted.

5. For Tables A and A1 following paragraph 7 (calculation of fees in guilty pleas and cracked

trials), substitute—

“Table A

Fee for a guilty plea

(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 £4,939 £7,406 £9,873

1.2 £2,473 £3,703 £4,939

1.3 £1,484 £2,220 £2,961

1.4 £1,236 £1,852 £2,467

2.1 £4,939 £7,406 £9,873

2.2 £1,484 £2,220 £2,961

3.1 £2,036 £3,048 £4,065

3.2 £1,162 £1,742 £2,323

3.3 £690 £1,035 £1,380

3.4 £489 £736 £978

3.5 £431 £650 £863

4.1 £1,162 £1,742 £2,323

4.2 £903 £1,351 £1,800

4.3 £874 £1,305 £1,742

5.1 £1,093 £1,639 £2,185

5.2 £817 £1,219 £1,627

5.3 £581 £874 £1,162

6.1 £4,882 £7,320 £9,758

6.2 £4,428 £6,641 £8,855

6.3 £1,645 £2,461 £3,283

6.4 £581 £874 £1,162

6.5 £466 £702 £932

7.1 £817 £1,219 £1,627

7.2 £466 £702 £932

7.3 £437 £656 £874

8.1 £696 £1,047 £1,392

9.1 £3,370 £5,054 £6,739

9.2 £2,323 £3,485 £4,646

9.3 £1,742 £2,616 £3,485

9.4 £1,524 £2,289 £3,048

9.5 £932 £1,392 £1,857

9.6 £696 £1,047 £1,392

9.7 £466 £702 £932

10.1 £1,277 £1,915 £2,553

11.1 £805 £1,208 £1,610

11.2 £460 £690 £920

12.1 £1,219 £1,829 £2,438

12.2 £759 £1,133 £1,512

12.3 £523 £788 £1,047

13.1 £1,035 £1,553 £2,070

14.1 £1,340 £2,007 £2,674

15.1 £932 £1,392 £1,857

15.2 £805 £1,208 £1,610

15.3 £489 £736 £978

16.1 £1,277 £1,915 £2,553

16.2 £932 £1,392 £1,857

16.3 £581 £874 £1,162

17.1 £420 £627 £834

Table A1

Fee for a cracked trial

(1) Band of offence Amount of fee for a cracked trial per category of trial advocate

(2) Junior Alone or

Led Junior

(3) Leading Junior (4) Queen’s Counsel

1.1 £9,873 £14,812 £19,746

1.2 £4,939 £7,412 £9,879

1.3 £2,961 £4,445 £5,923

1.4 £2,467 £3,703 £4,934

2.1 £9,873 £14,812 £19,746

2.2 £2,961 £4,445 £5,923

3.1 £4,065 £6,101 £8,131

3.2 £2,323 £3,485 £4,646

3.3 £1,380 £2,070 £2,760

3.4 £978 £1,466 £1,955

3.5 £863 £1,294 £1,725

4.1 £2,323 £3,485 £4,646

4.2 £1,800 £2,703 £3,600

4.3 £1,742 £2,616 £3,485

5.1 £2,185 £3,278 £4,370

5.2 £1,627 £2,444 £3,255

5.3 £1,162 £1,742 £2,323

6.1 £9,758 £14,640 £19,516

6.2 £8,855 £13,283 £17,710

6.3 £3,283 £4,928 £6,567

6.4 £1,162 £1,742 £2,323

6.5 £932 £1,397 £1,863

7.1 £1,627 £2,444 £3,255

7.2 £932 £1,397 £1,863

7.3 £874 £1,311 £1,748

8.1 £1,392 £2,087 £2,783

9.1 £6,739 £10,109 £13,478

9.2 £4,646 £6,969 £9,292

9.3 £3,485 £5,227 £6,969

9.4 £3,048 £4,571 £6,095

9.5 £1,857 £2,789 £3,715

9.6 £1,392 £2,087 £2,783

9.7 £932 £1,397 £1,863

10.1 £2,553 £3,830 £5,106

11.1 £1,610 £2,415 £3,220

11.2 £920 £1,380 £1,840

12.1 £2,438 £3,657 £4,876

12.2 £1,512 £2,271 £3,025

12.3 £1,047 £1,570 £2,093

13.1 £2,070 £3,105 £4,140

14.1 £2,674 £4,014 £5,348

15.1 £1,857 £2,789 £3,715

15.2 £1,610 £2,415 £3,220

15.3 £978 £1,466 £1,955

16.1 £2,553 £3,830 £5,106

16.2 £1,857 £2,789 £3,715

16.3 £1,162 £1,742 £2,323

17.1 £834 £1,254 £1,668”

6. Part 4 (fixed fee for guilty pleas and cracked trials) is omitted.

7. Paragraph 11(1) (general provisions) is omitted.

8. For the table following paragraph 14(2) (fees for confiscation hearings), 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 £302 £227 £151 £151

Daily rate £577 £401 £276 £276

2. Pages of

evidence

51-250 £753 £628 £503 £376

251-500 £1,130 £942 £753 £565

501-750 £1,508 £1,256 £1,005 £753

751-1000 £2,260 £1,884 £1,508 £1,130

3. Preparation

hourly rates

£85.95 £65.04 £45.30 £45.30”

9. For the table following paragraph 17A(2) (fees for consideration of unused material),

substitute—

“Category of advocate Fee

QC £128.93

Leading Junior £97.57

Junior alone or Led Junior £67.95”

10. For the table following paragraph 21(1) (fees for contempt proceedings), substitute—

“Category of advocate Payment rates (£ per day)

QC £348

Leading Junior £261

Junior alone or Led Junior £175”

11. For the table following paragraph 21(2) (fees for contempt proceedings), substitute—

“Category of advocate Payment rates (£ per day)

QC £204

Leading Junior £145

Junior alone or Led Junior £116”

12. For the table following paragraph 24 (fixed fees), substitute—

“Fixed fees

Category of work Paragraph

providing for fee

Junior Alone or

Led Junior

Leading Junior Queen’s Counsel

Standard

Appearance

12(2) £105 per day £156 per day £209 per day

Abuse of process

hearing

13(1)(a) and (3) £276 full day £401 full day £577 full day

£151 half day £227 half day £302 half day

Hearings relating

to disclosure

13(1)(b), (c) and

(3)

£276 full day £401 full day £577 full day

£151 half day £227 half day £302 half day

Hearings relating

to the

admissibility of

ev...