Search Legislation

Advanced Search

The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435; the “2013 Regulations”). The Regulations amend the legal aid fees that are payable to advocates in criminal proceedings under the advocates’ graduated fee scheme (“AGFS”), as set out in Schedule 1 to the 2013 Regulations. The Regulations make provision for advocates’ fees to be determined according to a new banding structure for criminal offences.

Part 2 sets out the amendments to the 2013 Regulations. The principal amendments are summarised as follows.

Regulations 3 and 7 refer to the AGFS Banding Document, which sets out the bands within which criminal offences fall. The AGFS Banding Document replaces the table of offences that was in Part 7 of Schedule 1 (also see regulation 30).

Regulations 9 and 10 amend the basic fees and the daily attendance fees that are payable to advocates to reflect the new banding structure; regulation 9 also amends the formula for the purposes of calculating advocates’ graduated fees. Regulation 13 amends the fees that apply where there is a cracked trial or a guilty plea. Regulation 18 makes further provision as to the fees that apply for sentencing hearings. Regulation 24 amends the fixed fees that apply for particular types of hearings. Regulation 25 makes provision as to the fees that apply where a defendant is absent.

Under regulation 30, Part 7 of Schedule 1 to the 2013 Regulations becomes Part 7 of Schedule 2. That Part contains the table of offences which sets out the Classes of Offences that continue to apply for the purposes of the litigators’ graduated fee scheme under Schedule 2.

Part 3 (regulation 33) contains a minor consequential amendment to the Criminal Legal Aid (Contribution Orders) Regulations 2013 (S.I. 2013/483).

Part 4 (regulation 34) contains a savings provision.

An impact assessment on the effect that these Regulations will have on the costs of business and the voluntary sector is available from the Legal Aid Policy Team, Access to Justice Directorate, Justice and Courts Policy Group, Ministry of Justice, 102 Petty France, London SW1H 9AJ (telephone 0203 334 4334). The impact assessment is annexed to the Explanatory Memorandum which is available alongside these Regulations on the UK legislation website at http://www.legislation.gov.uk.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources