The Criminal Legal Aid (Remuneration) Regulations 2013

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Representation in the Magistrates' CourtE+W

This section has no associated Explanatory Memorandum

5.—[F1(A1) This paragraph does not apply where paragraph 5A applies.]

(1) The fixed amounts and hourly rates [F2for representation in a magistrates’ court F3...] for—

(a)recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and

(b)claiming costs in cases which fall outside the Standard Fee payment scheme,

are specified in the table following this sub-paragraph.

[F4Representation in a magistrates’ court

	All Areas
Routine letters written and telephone calls per item	£4.09
Preparation hourly rate	£52.15
Advocacy hourly rate (including applications for bail and other applications to the court)	£65.42
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)	£35.68
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply)	£27.60]

(2) The table following this sub-paragraph sets out the fees and fee limits for the Standard Fee payment scheme for representation in a magistrates' court [F5(except where paragraph 5A applies)].

[F6Higher and Lower Standard Fees Table

	Lower Standard Fee (£)	Lower Standard Fee Limit (£)	Higher Standard Fee (£)	Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A	286.02	313.19	542.58	542.63
Category 1B	232.53	313.19	500.99	542.63
Category 2	397.14	538.02	831.85	896.59
Undesignated Area Standard Fees
Category 1A	223.88	313.19	474.15	542.63
Category 1B	182.01	313.19	437.81	542.63
Category 2	321.37	538.02	737.08	896.59]

(3) In the table following sub-paragraph (2)—

(a)the reference to “Category 1A” cases is a reference to the following proceedings—

(i)either way guilty pleas;

[F7(ia)guilty pleas in proceedings for low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting);]

(ii)indictable only cases heard in the Youth Court;

(iii)proceedings F8...relating to either way offences [F9or proceedings referred to in sub-paragraph (ia)] which are discontinued or withdrawn or where the prosecution offer no evidence; and

(iv)proceedings F8... relating to either way offences [F10or proceedings referred to in sub-paragraph (ia)] which result in a bind over;

(b)the reference to “Category 1B” cases is a reference to the following proceedings [F11(other than proceedings referred to in paragraph (a)(ia))]—

(i)summary only guilty pleas;

(ii)uncontested proceedings arising out of a breach of an order of a magistrates' courts (including proceedings in a magistrates' court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(iii)proceedings F12... relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv)proceedings F12... relating to summary offences which result in a bind over;

(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under [F13Chapter 1 of Part 2 of the Sentencing Code];

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 M1, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; F14...

(vii)proceedings relating to either way offences which must be tried in a magistrates' court in accordance with section 22 of the Magistrates' Courts Act 1980 M2;

(c)the reference to “Category 2” cases is a reference to—

(i)contested trials;

(ii)proceedings which were listed and fully prepared for trial in a magistrates' court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii)proceedings which were listed and fully prepared for trial in a magistrates' court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv)contested proceedings relating to a breach of an order of a magistrates' court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(v)proceedings where mixed pleas are entered; and

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

F15(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The fees payable to Assigned Counsel for representation in a magistrates' court are subject to the limits specified in the table following paragraph 12.

F16(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(6) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is [F18£208.61].]

Textual Amendments

F1Sch. 4 para. 5(A1) inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(8)(f)(i) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F2Words in Sch. 4 para. 5(1) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(a)

F3Words in Sch. 4 para. 5(1) omitted (1.4.2016) by virtue of The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(8)(f)(ii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F4Sch. 4 para. 5(1) table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 4 para. 7(2) (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1))

F5Words in Sch. 4 para. 5(2) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(b)

F6Sch. 4 para. 5(2) table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 4 para. 7(3) (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1))

F7Sch. 4 para. 5(3)(a)(ia) inserted (with application in accordance with reg. 4(3) of the amending S.I.) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(i)

F8Words in Sch. 4 para. 5(3)(a)(iii)(iv) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(13)(b)(i) (with reg. 10(1))

F9Words in Sch. 4 para. 5(3)(a)(iii) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(ii)