The Criminal Legal Aid (Remuneration) Regulations 2013

Claims for fees by advocates – Crown Court E+W

4.—(1) Claims for fees by [F1 a trial] advocate in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 1 to these Regulations.

(2) A claim for fees under this regulation and Schedule 1 must be made by each [F2 trial] advocate.

(3) Subject to regulation 31, a claim by [F3 a trial] advocate for fees in respect of work done pursuant to a section 16 determination must not be entertained unless [F4 the trial] advocate submits it within three months of the conclusion of the proceedings to which it relates.

(4) [F5 A trial] advocate must submit a claim for fees to the appropriate officer in such form and manner as the appropriate officer may direct.

(5) [F5 A trial] advocate must supply such further information and documents as the appropriate officer may require.

(6) Where a confiscation hearing under Part 2 of the Proceeds of Crime Act 2002 M1 (confiscation: England and Wales), section 2 of the Drug Trafficking Act 1994 M2 (confiscation orders) or section 71 of the Criminal Justice Act 1988 M3 (confiscation orders) is to be held more than 28 days after—

(a) the conclusion of the trial to which the section 16 determination relates; or

(b) the entering of a guilty plea,

[F6 a trial] advocate may submit any claim for fees in respect of the trial or guilty plea as soon as the trial has concluded or the guilty plea has been entered.

(7) Where the section 16 determination provides for representation by—

(a) a single advocate other than a QC; or

(b) two or more advocates other than QC,

and a QC agrees to appear as the single advocate or as a leading junior, that QC must be treated for all the purposes of these Regulations as having been instructed in relation to that determination, and the remuneration of that QC must be determined as if the advocate were not a QC.

[F7 (8) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial] [F8 , and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.]

Textual Amendments

F1 Words in reg. 4(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(a) (with reg. 3)

F2 Word in reg. 4(2) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(a) (with reg. 3)

F3 Words in reg. 4(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(a) (with reg. 3)

F4 Words in reg. 4(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(a) (with reg. 3)

F5 Words in reg. 4(4)(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(4)(a) (with reg. 3)

F6 Words in reg. 4(6) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(a) (with reg. 3)

F7 Reg. 4(8) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(7) (with reg. 3)

F8 Words in reg. 4(8)(b) inserted (1.2.2023) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2023 (S.I. 2023/97), regs. 1(1), 2(2) (with reg. 3)

Marginal Citations

M1 2002 c. 29.

M2 1994 c. 37. Section 2 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act 2002, subject to certain savings set out in S.I. 2003/333.

M3 1998 c. 33. Section 71 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act 2002, subject to certain savings set out in S.I. 2003/333.