The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015

Amendments to the Criminal Legal Aid (Remuneration) Regulations 2013

2.—(1) The Criminal Legal Aid (Remuneration) Regulations 2013(1) are amended as follows.

(2) In regulation 2(1)(2) (interpretation)—

(a) at the appropriate places insert—

““main hearing” means—

(a)

in relation to a case which goes to trial, the trial;

(b)

in relation to a guilty plea (within the meaning of Schedule 1), the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing;

(c)

in relation to a cracked trial (within the meaning of Schedule 1), the hearing at which—

(i)

the case becomes a cracked trial by meeting the conditions in the definition of a cracked trial, whether or not any pleas were taken at that hearing; or

(ii)

a formal verdict of not guilty was entered as a result of the prosecution offering no evidence, whether or not the parties attended the hearing;

(d)

in relation to an appeal against conviction or sentence in the Crown Court, the hearing of the appeal;

(e)

in relation to proceedings arising out of a committal for sentence in the Crown Court, the sentencing hearing; and

(f)

in relation to proceedings arising out of an alleged breach of an order of the Crown Court, the hearing at which those proceedings are determined;”, and

““trial advocate” means, unless otherwise provided, an advocate instructed pursuant to a section 16 determination to represent the assisted person at the main hearing in any case;”, and

(b) in the definition of “representative”, at the end insert “or trial advocate”.

(3) In each of the following, for “an instructed” substitute “a trial”—

(a) regulation 4(1), (3) and (6) (claims for fees by advocates – Crown Court);

(b) regulation 18(2) (interim payments in cases awaiting determination of fees);

(c) regulation 21(8)(3) (hardship payments);

(d) regulation 22(2)(4) (computation of final claim where an interim payment has been made);

(e) regulation 23(3) (payment of fees to advocates – Crown Court), and

(f) paragraphs 17(4) (fees for special preparation) and 18(4) (fees for wasted preparation) of Schedule 1 (advocates’ graduated fee scheme).

(4) In each of the following, for “An instructed” substitute “A trial”—

(a) regulation 4(4) and (5);

(b) regulation 18(5), and

(c) paragraphs 17(5) and 18(5) of Schedule 1.

(5) In each of the following, for “instructed” substitute “trial”—

(a) regulation 4(2);

(b) regulation 18(3) and (6);

(c) regulation 23(1), and

(d) paragraph 26 of Schedule 1, including the heading (payment of fees to instructed advocate).

(6) In each of the following, for “the instructed” substitute “the trial”—

(a) regulation 4(3);

(b) regulation 22(1) and (2)(b);

(c) regulation 23(2)(b), and

(d) paragraphs 17(4) and 18(4) of Schedule 1.

(7) After regulation 4(7), insert—

“(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.”.

(8) In regulation 13(3) (authorisation of expenditure), omit “trial or other”.

(9) In regulation 18, after paragraph (6), insert—

“(7) 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.”.

(10) In regulation 21—

(a) for paragraph (8)(a) substitute—

“(a) payment must be made to the—

(i) appropriate trial advocate who attends the first day of trial, where the trial has commenced;

(ii) appropriate trial advocate, where a trial has not commenced, or

(iii) appropriate instructed advocate, where there is no trial advocate, and”;

(b) in paragraph (8)(b), before the words “instructed advocate” insert “appropriate trial advocate or the appropriate”, and

(c) after paragraph (10), insert—

“(11) In paragraph (8)—

“appropriate instructed advocate” means—

(a)

where the section 16 determination provides for representation by a single advocate, the instructed advocate, or

(b)

where the section 16 determination provides for representation by more than one advocate, the leading instructed advocate or the led instructed advocate, as appropriate, and

“appropriate trial advocate” means—

(a)

where the section 16 determination provides for representation by a single advocate, the trial advocate, or

(b)

where the section 16 determination provides for representation by more than one advocate, the leading trial advocate or the led trial advocate, as appropriate.”.

(11) In regulation 22—

(a) in paragraph (1), after “an instructed advocate” insert “, a trial advocate”, and

(b) after paragraph (2) insert—

“(3) 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.”.

(12) In regulation 23, after paragraph (3) insert—

“(4) 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.”.

(13) In regulation 25 (recovery of overpayments), after paragraph (4) insert—

“(5) In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”, the 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.”.

(14) In regulation 28 (redetermination of fees by appropriate officer)—

(a) at the beginning of paragraph (1)(b), for “an” substitute “a”;

(b) for “instructed”, wherever it appears, substitute “trial”, and

(c) after paragraph (9) insert—

“(10) 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.”.

(15) In regulation 31 (time limits), after paragraph (3) insert—

“(4) In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”, the 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.”.

(16) In Schedule 1—

(a) in paragraph 1(1) (interpretation)—

(i) omit the definitions of “main hearing” and “trial advocate”, and

(ii) at the end of the definition of “substitute advocate”, omit “and”;

(b) in paragraph 17, after sub-paragraph (6) insert—

“(7) In sub-paragraphs (4) and (5), where the main hearing is a trial, “trial advocate” means the 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.”;

(c) in paragraph 18—

(i) in sub-paragraph (5), after the words “in which the” omit “instructed”, and

(ii) after sub-paragraph (5) insert—

“(6) In sub-paragraphs (4) and (5), 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.”, and

(d) in paragraph 26—

(i) for “trial”, wherever it appears, substitute “instructed”, and

(ii) after sub-paragraph (4) insert—

“(4A) In this paragraph, 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.”.

(1)

S.I. 2013/435.

(2)

Regulation 2 was amended by S.I. 2013/2803.

(3)

Regulation 21 was amended by S.I. 2014/2422.

(4)

Regulation 22 was amended by S.I. 2014/2422.