The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 and come into force on 2nd October 2014.

(2) In these Regulations “the 2013 Regulations” means the Criminal Legal Aid (Remuneration) Regulations 2013(1).

Amendments to the 2013 Regulations

2.—(1) The 2013 Regulations are amended as follows.

(2) In the Table of Contents, after regulation 17 (Determination of litigators’ disbursements), insert—

“17A. Interim payment of litigators’ fees.”.

(3) After regulation 17 (Determination of litigators’ disbursements), insert regulation 17A as set out in the Schedule to these Regulations.

(4) In regulation 21 (Hardship payments)—

(a) at the beginning of paragraph (7), insert “Subject to paragraphs (9) and (10)”; and

(b) after paragraph (8) insert—

“(9) Where a litigator has received an interim payment under regulation 17A, the amount of that interim payment must be deducted from any hardship payment payable to that litigator under this regulation.

(10) Where a litigator has already received one or more hardship payments under this regulation, the amount deducted under paragraph (9) excludes any interim payment already deducted from any earlier hardship payment.”.

(5) In regulation 22 (Computation of final claim where an interim payment has been made), for “18 to 21”, wherever it occurs, substitute “17A to 21”.

(6) In Schedule 1 (Advocates’ Graduated Fee Scheme)—

(a) for paragraph 6 (Scope of Part 3) substitute—

“6.— (1) Subject to sub-paragraph (2) and to paragraph 22, this Part does not apply to a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for a summary trial.

(2) This Part applies in all cases where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.”; and

(b) for paragraph 9 (Scope of Part 4) substitute—

“9.— (1) Subject to sub-paragraph (2), this Part applies to a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(2) This Part does not apply where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.”.

(7) In Schedule 2 (Litigators’ Graduated Fee Scheme)—

(a) for paragraph 4 (Scope) substitute—

“4.— (1) Subject to sub-paragraph (2) and to paragraph 21, this Part does not apply to a guilty plea or cracked trial in a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(2) This Part applies in all cases where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.”; and

(b) for paragraph 10 (Scope of Part 3) substitute—

“10.— (1) Subject to sub-paragraph (2), this Part applies to a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(2) This Part does not apply where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.”.

Transitional provision

3.  The amendments made by these Regulations apply to criminal proceedings in which a determination under section 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is made on or after 2nd October 2014.

Signed by authority of the Lord Chancellor

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

9th September 2014