The Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1987

Statutory Instruments

1987 No. 388

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1987

Made

9th March 1987

Laid before Parliament

11th March 1987

Coming into force

1st April 1987

The Lord Chancellor, in exercise of the powers conferred on him by section 20(1) of the Legal Aid Act 1974(1) and section 1 of the Legal Aid Act 1982(2), and with the concurrence of the Treasury, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1987 and shall come into force on 1st April 1987.

2.  For paragraph 1 of the Schedule to the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1985(3), there shall be substituted in respect of work done on or after 1st April 1987, the following paragraph:—

“1.   The Law Society shall, subject to paragraph 2 in the case of item (a), allow fees for work allowed by it under regulation 5 at the following rates;

Class of work	Rate
(a) availability during duty period	£2.85 per hour served, to a maximum of £68.40 (£2.95 per hour served to a maximum of £70.80 in respect of a solicitor whose office is situated within a London postal district)
(b) dvising and assisting person arrested and held in custody in connection with an arrestable offence or being interviewed in connection with a serious service offence
(i) by a duty solicitor in unsocial hours	£43 per hour
(ii) by a duty solicitor in all other hours	£32.50 per hour (£33.50 per hour in respect of a solicitor whose office is situated within a London postal district)
(iii) by an own solicitor	£32.50 per hour (£33.50 per hour in respect of a solicitor whose office is situated within a London postal district)
(c) all other advice and assistance	£32.50 per hour (£33.50 per hour in respect of a solicitor whose office is situated within a London postal district)
(d) travelling and waiting
(i) by a duty solicitor in unsocial hours	£43 per hour
(ii) by a duty solicitor in all other hours	£32.50 per hour (£33.50 per hour in respect of a solicitor whose office is situated within a London postal district)
(iii) by an own solicitor	£19 per hour
(e) dvising and assisting over the telephone	£12 per item
(f) routine telephone calls	£1.50 per item”.

Hailsham of St Marylebone, C.

Dated 4th March 1987

We concur,

Peter Lloyd

Michael Neubert

Two of the Lords Commissioners of Her Majesty’s Treasury.

Dated 9th March 1987

Explanatory Note

(This Note is not part of the Regulations.)

These Regulations amend the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1985 by increasing the rates of payment for the remuneration which may be paid to solicitors (both those acting as duty solicitors in accordance with a scheme made under section 15 of the Legal Aid Act 1974 and section 1 of the Legal Aid Act 1982 and those acting as own solicitors) who give advice and assistance to suspects at police stations. There is an overall increase of 6%.

(1)

1974 c. 4; section 20 was amended by the Legal Aid Act 1979 (c. 26), section 4(2) and by the Civil Jurisdiction and Judgements Act 1982 (c. 27), section 40(1).

(2)

1982 c. 44; section 1 was amended by the Police and Criminal Evidence Act 1984 (c. 60), section 59.

(3)

S.I. 1985/1880, as amended by S.I. 1986/445 and 1559.