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The Criminal Legal Aid (Remuneration) Regulations 2013

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Regulation 8

SCHEDULE 4E+WRates payable for the claims specified in Regulation 8

This schedule has no associated Explanatory Memorandum

Interpretation of this ScheduleE+W

[F11.  In this Schedule—

(a) unless the context otherwise requires, words and expressions have the same meaning as in the [F2relevant contract], and

(b) “the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act 2014.]

Work conducted at the Police station: Police Station advice and assistance.E+W

2.—(1) The Fixed Fee for Police Station Telephone Advice is—

(a)[F3£28.70] per claim in London; and

(b)[F4£27.60] per claim outside London F5....

(2) The Criminal Defence Direct Fixed Acceptance Fee is [F6£7.30] per Matter.

[F7(3) The hourly rates for Police Station attendance for the purposes of—

(a)recording time and determining whether the Escape Fee Case Threshold has been reached, and

(b)payment of remuneration in cases in which the Escape Fee Case Threshold has been reached,

are specified in the table following this sub-paragraph as appropriate to the place of attendance.]

[F8London (£) [F9Outside London] (£)
Police Station attendance hourly rates
Own or Duty [F10Provider]£51.28£47.45
Duty [F10Provider] (Unsocial Hours)£63.01£63.01
Duty [F10Provider] – serious offence rate£59.31£54.75
Duty [F10Provider] – serious offence rate (Unsocial Hours)£73.00£73.00
Travel and waiting hourly rates
Own [F10Provider]£26.28£26.28
Duty [F10Provider]£51.28£47.45
Duty [F10Provider] (Unsocial Hours)£63.01£63.01]

[F11(4) The table following sub-paragraph (5) sets out—

(a)the Fixed Fees, and

(b)the Escape Fee Case Thresholds,

applicable to Police Station attendance as appropriate to the place of attendance.

(5) For the purposes of sub-paragraphs (3) and (4), where the place of attendance is not a Police Station, the place of attendance is deemed to be—

(a)where an interviewing Constable is present—

(i)if the interviewing Constable is normally based at a Police Station, that Police Station, or

(ii)in any other case, the Police Station nearest to the location of the interview, or

(b)where a Services Person is assisting with an investigation by Services Police, the Police Station nearest to the location of the interview.

Police Station Attendance – Fixed Fees and Escape Fee Case Thresholds

Place of attendanceFixed Fee (£)Escape Fee Case Threshold (£)
London200.93602.79
Outside London156.19468.57

(6) The hourly rates for excess travel time are specified in the table following sub- paragraph (7).

(7) In sub-paragraph (6), “excess travel time” means reasonable travel time in excess of 90 minutes for a one-way journey undertaken for the purpose of Police Station attendance in accordance with the 2015 Duty Provider Crime Contract.

London Procurement Area (£)Non-London Procurement Area (£)
Duty Provider46.3742.90
Duty Provider (Unsocial Hours)56.9756.97]

(8) In sub-paragraphs (5), (6) and (7), “listed” means listed in the table set out in Annex A to the [F122017 Standard Crime Contract] Guidance for reporting crime lower work F13.

Police Station Attendance – Fixed Fees and Escape Fee Thresholds

[F14Criminal Justice System AreaSchemeFixed Fee (£)Escape Fee Threshold (£)
ClevelandHartlepool131.40405.40
Teesside135.96417.03
DurhamDarlington154.54463.62
South Durham152.39468.28
Durham177.94554.48
Derwentside171.63514.90
Easington166.99512.54
NorthumbriaSouth East Northumberland148.33444.98
Newcastle upon Tyne137.79424.01
Gateshead142.90428.69
North Tyneside140.53431.02
South Tyneside133.23410.05
Sunderland / Houghton Le Spring148.74458.97
Berwick & Alnwick177.03545.17
Tynedale & Hexham154.21475.28
Avon & SomersetAvon North & Thornbury177.94561.49
Bath193.37580.10
Mendip & South Somerset216.67650.02
Bristol159.98479.94
Sedgemore / Taunton Deane181.59615.06
Weston-Super-Mare180.95542.85
DorsetCentral Dorset182.50547.50
Bournemouth & Christchurch145.22435.67
Poole East Dorset153.30470.60
Bridport / West Dorset146.00438.00
WiltshireSalisbury174.29535.84
Chippenham / Trowbridge187.94563.82
Swindon171.55528.86
GloucestershireCheltenham157.86486.92
Gloucester155.13477.61
Stroud177.94547.50
Devon & CornwallBarnstaple173.96521.88
Exeter154.54463.62
Plymouth179.40538.19
East Cornwall198.93675.64
Carrick / Kerrier (Camborne) / Penwith177.94563.82
Teignbridge / Torbay163.17489.25
StaffordshireStoke on Trent / Leek177.94563.82
Stafford / Cannock & Rugeley177.94547.50
Lichfield & Tamworth / Burton Upon Trent / Uttoxeter172.46531.18
WarwickshireLeamington / Nuneaton / Rugby178.61535.84
West MerciaHereford / Leominster155.32465.95
Kidderminster / Redditch198.81596.42
Shrewsbury166.08510.22
Telford172.46531.18
Worcester180.95542.85
West MidlandsSandwell176.11540.52
Wolverhampton & Seisdon176.11540.52
Dudley & Halesowen173.18519.55
Walsall177.94549.83
Birmingham177.94566.14
Solihull187.16561.49
Coventry153.77461.30
Dyfed PowysAmman Valley177.94570.80
Carmarthen East Dyfed201.92605.75
Llanelli138.70426.34
Brecon & Radnor203.47610.41
Mid Wales155.32465.95
North Ceredigion / South Ceredigion204.24612.73
Pembrokeshire166.99514.90
GwentEast Gwent169.73521.88
Newport166.99512.54
Lower Rhymney Valley / North Bedwellty/ South Bedwellty177.94556.81
North WalesBangor & Caernarfon189.49568.47
Colwyn Bay173.38533.51
Denbighshire188.71566.14
Dolgellau188.71566.14
Mold & Hawarden177.94554.48
North Anglesey197.26591.77
Pwllheli133.57400.72
Wrexham161.53484.59
South WalesCardiff177.94587.11
Vale of Glamorgan208.13624.40
Cynon Valley177.94563.82
Mid Glamorgan & Miskin177.94587.11
Merthyr Tydfil177.94582.46
Port Talbot219.00740.88
Newcastle & Ogmore177.94596.42
Neath180.68612.73
Swansea171.55528.86
MerseysideBootle & Crosby162.43498.58
Southport135.91407.72
Liverpool179.40538.19
St Helens153.30472.96
Knowsley165.16507.89
Wirral157.86484.59
CheshireCrewe & Nantwich / Sandbach & Congleton / Macclesfield176.11540.52
Warrington / Halton154.54463.62
Chester / Vale Royal (Northwich)160.76482.27
CumbriaBarrow in Furness153.77461.30
Kendal & Windermere183.28549.83
Penrith / Carlisle173.18519.55
Whitehaven / Workington143.67431.02
Greater ManchesterManchester177.94587.11
Stockport167.74503.23
Trafford177.94559.16
Salford177.94570.80
Bolton164.64493.93
Bury159.98479.94
Wigan170.07510.22
Rochdale / Middleton169.30507.89
Tameside156.04479.94
Oldham137.46412.38
LancashireBurnley / Rossendale162.31486.92
Blackburn / Accrington / Ribble Valley177.94580.10
Blackpool126.58379.75
Fleetwood129.69389.08
Lancaster159.20477.61
Chorley / Ormskirk / South Ribble & Leyland174.73524.20
Preston142.90428.69
KentDartford & Gravesend232.98698.94
Ashford & Tenterden / Dover / Folkestone205.31696.61
Medway205.02615.06
Swale243.07729.22
Maidstone & West Malling216.67650.02
Canterbury / Thanet177.94603.43
West Kent (Tonbridge)208.13624.40
SurreyGuildford & Farnham179.76610.41
North West Surrey (Woking)196.19666.31
South East Surrey207.14703.59
Epsom209.88712.93
Staines240.90815.42
SussexBrighton & Hove & Lewes183.41622.04
Chichester & District162.43498.58
Crawley / Horsham228.32684.95
Hastings142.35438.00
Worthing164.25505.56
Eastbourne173.18519.55
DerbyshireEast Derbyshire (Ripley) / Ilkeston206.57619.72
Ashbourne / Matlock / High Peak (Buxton)190.27570.80
Chesterfield177.84533.51
Derby / Swadlincote177.94570.80
LeicestershireAshby & Coalville / Loughborough / Melton Mowbray181.72545.17
Leicester177.94552.15
Hinckley / Market Harborough201.92605.75
LincolnshireBoston, Bourne, Stamford173.38533.51
Skegness156.09468.28
Lincoln / Gainsborough161.53484.59
Grantham & Sleaford159.69491.57
NottinghamshireMansfield160.60493.93
Newark180.17540.52
Nottingham179.40538.19
Worksop & East Retford170.64524.20
NorthamptonshireCorby (Kettering) / Wellingborough157.65472.96
Northampton170.85512.54
BedfordshireBedford167.90517.22
Luton177.94601.07
CambridgeshireCambridge162.43500.91
Ely177.94575.45
Huntingdon173.18519.55
March & Wisbech171.63514.90
Peterborough142.90428.69
EssexBasildon177.94549.83
Brentwood249.11845.72
Braintree198.93673.32
Clacton & Harwich / Colchester177.94563.82
Grays232.69789.80
Harlow & Loughton232.69789.80
Stansted257.33873.67
Rayleigh / Southend on Sea166.97500.91
Chelmsford / Witham176.11542.85
HertfordshireDacorum (Hemel Hempstead)209.88710.57
Bishop’s Stortford / East Hertfordshire254.59864.34
Stevenage & North Hertfordshire236.34801.46
St. Albans214.44702.25
Watford210.79715.25
NorfolkCromer & North Walsham184.33624.40
Great Yarmouth168.52505.56
Kings Lynn & West Norfolk164.64493.93
Norwich & District169.30507.89
Diss / Thetford175.20538.19
Dereham198.01670.99
SuffolkLowestoft / Beccles & Halesworth / Aldeburgh169.30507.89
Felixstowe / Ipswich & District / Woodbridge172.41517.22
Sudbury & Hadleigh / Bury St. Edmunds / Haverhill / Newmarket177.94552.15
Thames ValleyAbingdon, Didcot & Witney (South Oxfordshire)208.96708.25
Aylesbury198.81596.42
High Wycombe & Amersham190.71647.69
Milton Keynes165.16507.89
Bicester / North Oxon (Banbury)194.36659.33
Oxford194.36659.33
Reading188.71566.14
Slough (East Berkshire)208.96708.25
West Berkshire (Newbury etc.)174.73524.20
HampshireAldershot / Petersfield (North East Hampshire)199.84677.97
Andover / Basingstoke / Winchester (North West Hampshire)210.46631.38
Isle of Wight171.63514.90
Portsmouth / Waterlooville (South East Hampshire)176.29528.86
Gosport & Fareham215.11645.34
Southampton (South West Hampshire)198.81596.42
HumbersideGrimsby & Cleethorpes134.35403.04
Scunthorpe144.18444.98
Hull153.30470.60
Beverley / Bridlington177.94587.11
Goole182.50617.39
North YorkshireNorthallerton & Richmond191.82575.45
Harrogate & Ripon184.05552.15
Skipton, Settle & Ingleton177.94547.50
Scarborough / Whitby152.39468.28
Malton & Rydale146.78440.33
York / Selby159.69491.57
South YorkshireBarnsley158.78489.25
Doncaster153.30470.60
Rotherham162.43500.91
Sheffield166.99514.90
West YorkshireHalifax173.96521.88
Huddersfield146.78440.33
Dewsbury159.20477.61
Bradford135.96419.36
Keighley & Bingley153.30470.60
Leeds144.18442.65
Pontefract & Castleford141.34424.01
Wakefield139.61428.69
LondonBarking224.48761.85
Bexley200.75680.30
Bishopsgate234.51794.45
Brent219.00740.88
Brentford222.65754.84
Bromley211.70717.58
Camberwell Green219.00743.20
Central London237.25803.78
Clerkenwell / Hampstead221.74750.18
Croydon216.26731.54
Ealing229.95780.67
Enfield218.09738.55
Greenwich / Woolwich208.96708.25
Haringey225.39764.17
Harrow219.00743.20
Havering204.40691.96
Heathrow274.66931.93
Hendon / Barnet220.83747.86
Highbury Corner229.95778.16
Kingston-Upon-Thames228.13773.48
Newham219.91745.53
Old Street219.00743.20
Redbridge225.39764.17
Richmond-Upon-Thames240.90815.42
South London229.95778.16
Sutton218.09738.55
Thames218.09738.55
Tower Bridge232.69789.80
Uxbridge210.79715.25
Waltham Forest204.40694.28
West London235.43799.10
Wimbledon223.56757.19]

F5Word in Sch. 4 para. 2(1)(b) 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)(c)(i) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F10Word in Sch. 4 para. 2(3) table substituted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(8)(c)(iii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F13A copy of the guidance is available at www.justice.gov.uk/legal-aid/submit-claim/cwa-online-claims/codes-guidance. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.

Work conducted outside the Police StationE+W

3.—(1) The fixed amounts and hourly rates for F15...Advice and Assistance conducted outside the Police Station are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F16£273.75].

F17... Advice and Assistance

[F18London (£)[F9Outside London](£)
Routine letters written and routine telephone calls per item3.513.38
Preparation hourly rate45.3542.80
Travel and waiting hourly rate24.0024.00]

(2) The fixed amounts and hourly rates for Advocacy Assistance on a warrant of further detention are specified in Tables A and B following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F19£1,368.75].

[F20Table A

Advocacy Assistance on a warrant of further detention – magistrates’ court or judicial authority

London (£)[F9Outside London] (£)
Routine letters written and telephone calls (per item)
Own [F21Provider] and Duty [F21Provider]3.513.38
Duty [F21Provider] (Unsocial Hours)4.654.47
Preparation hourly rate
Own [F21Provider] and Duty [F21Provider]45.3542.80
Duty [F21Provider] (Unsocial Hours)60.5057.03
Advocacy hourly rate
Own [F21Provider] and Duty [F21Provider]53.8453.84
Duty [F21Provider] (Unsocial Hours)71.7771.77
Travelling and waiting hourly rate
Own [F21Provider] and Duty [F21Provider]24.0024.00
Duty [F21Provider] (Unsocial Hours)31.9831.98]

[F20Table B

Advocacy Assistance on a warrant of further detention – High Court or a senior judge

London (£)[F9Outside London] (£)
Routine letter out per item6.846.84
Routine telephone calls per item3.793.79
All other preparation work, hourly rate72.5468.44
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment, hourly rate33.7633.76
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or application at court, or other appointment, hourly rate68.4468.44
Travelling and waiting, hourly rate30.3430.34]

(3) The fixed amounts and hourly rates for Advocacy Assistance in armed forces custody hearings are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F19£1,368.75].

Advocacy Assistance for armed forces custody hearings

[F22London (£)[F9Outside London] (£)
Routine letters written and telephone calls (per item)
Own [F21Provider] and Duty [F21Provider]3.513.38
Duty [F21Provider](Unsocial Hours)4.654.47
Preparation hourly rate
Own [F21Provider] and Duty [F21Provider]45.3542.80
Duty [F21Provider] (Unsocial Hours)60.5057.03
Advocacy hourly rate
Own [F21Provider] and Duty [F21Provider]53.8453.84
Duty [F21Provider] (Unsocial Hours)71.7771.77
Travelling and waiting hourly rate
Own [F21Provider] and Duty [F21Provider]24.0024.00
Duty [F21Provider] (Unsocial Hours)31.9831.98]

(4) The fixed amounts and hourly rates for Advocacy Assistance in [F23magistrates’ courts in connection with an application relating to police bail] are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F19£1,368.75].

[F24Advocacy Assistance in magistrates’ courts in connection with an application relating to police bail]

[F25London (£)[F9Outside London](£)
Routine letters written and telephone calls per item3.703.56
Preparation hourly rate47.9545.35
Advocacy hourly rate56.8956.89
Travelling and waiting hourly rate24.0024.00]

F15Words in Sch. 4 para. 3(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)(d)(ii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F17Words in Sch. 4 para. 3 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)(d)(ii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

Advice and Assistance and Advocacy Assistance by a court Duty [F26Lawyer] and Advocacy Assistance at the virtual courtE+W

4.—(1) The hourly rates for Advice and Assistance and Advocacy Assistance by a court Duty [F26Lawyer] are specified in the table following this sub-paragraph.

Advice and Assistance and Advocacy Assistance by a court Duty [F26Lawyer]

[F27London (£)[F9Outside London] (£)
Standard hourly rate (attendance and waiting at a magistrates’ court)50.3249.14
Enhanced hourly rate (only payable in respect of work done on a day which is not a Business Day)62.8761.41
Travelling hourly rate (only payable where the Duty [F26Lawyer] is called out (including being called to return) to the court from the Office or attends on a day that is not a Business Day. Reasonable travel expenses may also be claimed (where relevant)).24.0024.00]

(2) The Fixed Fees for Advocacy Assistance at the Virtual Court are specified in the table following this sub-paragraph.

Advocacy Assistance at the Virtual Court

[F28London (£)[F9Outside London](£)
Virtual Court Fixed Fee where the hearing is held during Business Hours182.50136.88
Virtual Court Fixed Fee where the hearing is held during Unsocial hours219.00164.25]

Representation in the Magistrates' CourtE+W

5.[F29(A1) This paragraph does not apply where paragraph 5A applies.]

(1) The fixed amounts and hourly rates [F30for representation in a magistrates’ court F31...] for—

(a)recording time and to determine whether the F32...Standard Fee Limit has been reached; and

[F33(b)the payment of remuneration in cases in which the Standard Fee Limit has been reached,]

are specified in the table following this sub-paragraph.

Representation in a magistrates’ court

[F34All Areas
Routine letters written and telephone calls per item£3.56
Preparation hourly rate£45.35
Advocacy hourly rate (including applications for bail and other applications to the court)£56.89
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)£31.03
F35... F35...]

[F36(2) The Standard Fees and Standard Fee Limits for representation in a magistrates’ court are specified in the table following this sub-paragraph.

Representation in a magistrates’ court: Standard Fees and Standard Fee Limits

Standard Fee (£)Standard Fee Limit (£)
Category 1A235.56426.61
Category 1B196.28426.61
Category 2449.45704.88

(2A) The hourly rate for excess travel time is £21.70.

(2B) In sub-paragraph (2A), “excess travel time” means reasonable travel time in excess of 90 minutes for a one-way journey undertaken for the purpose of representation in the magistrates’ court in accordance with the 2015 Duty Provider Crime Contract.]

(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;

[F37(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 F38...relating to either way offences [F39or proceedings referred to in sub-paragraph (ia)] which are discontinued or withdrawn or where the prosecution offer no evidence; and

(iv)proceedings F38... relating to either way offences [F40or 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 [F41(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 F42... relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv)proceedings F42... 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 section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 F43;

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 F44, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; F45...

(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 F46;

(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

F47(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.

F48(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49(6) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is £181.40.]

F31Words 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)

F32Words in Sch. 4 para. 5(1)(a) 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)(iii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F35Words in Sch. 4 para. 5(1) table 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)(v) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F36Sch. 4 para. 5(2)-(2B) substituted for Sch. 4 para. 5(2) (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(8)(f)(vi), Sch. 13 (with reg. 2(1)(2)) (as amended by S.I. 2015/1678, reg. 9(5) and S.I. 2015/2049, reg. 2)

F37Sch. 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)

F38Words 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))

F42Words in Sch. 4 para. 5(3)(b)(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))

[F50Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any courtE+W

5A.(1) This paragraph applies to proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal) relating to—

(a)an injunction under Part 1 of the 2014 Act; or

(b)a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 where an injunction is granted under Part 1 of the 2014 Act.

(2) The fixed amounts and hourly rates for—

(a)determining whether the lower or higher fee limit has been reached, and

(b)claiming costs in cases which fall outside the fixed fee limits, are specified in the table following this sub-paragraph.

Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court

[F51All Areas
Routine letters written and telephone calls per item£3.56
Preparation hourly rate£45.35
Advocacy hourly rate (including applications for bail and other applications to the court)£56.89
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)£31.03]

(3) The table following this sub-paragraph sets out the fees and fee limits for representation in any court.

Higher and Lower Fees Table

[F52Lower fee (£)Lower fee limit (£)Higher fee (£)Higher fee limit (£)
Uncontested158.27272.34380.70471.85
Contested279.45467.84640.94779.64]

(4) The hourly rate for travelling and waiting in any court is [F53£24.00]].

[F54Work undertaken prior to a determination that an individual is not eligible for criminal legal aid]E+W

6.—(1) The fixed amounts and hourly rates for Pre-Order Cover, Early Cover and means test form completion are specified in the table following this paragraph.

(2) The amount payable for Pre-Order cover is subject to an Upper Limit of—

(a)[F55£47.95] per claim in London; and

(b)[F56£45.35] per claim outside London F57....

(3) The Fixed Fee for Early Cover is [F58£68.44].

(4) The refused means test completion fee is [F59£22.81].

F60[F61...

London (£)[F9Outside London](£)
Routine letters written and telephone calls per item3.703.56
Preparation hourly rate47.9545.35
Advocacy (including applications for bail and other applications to the court) hourly rate56.8956.89
Travelling and waiting hourly rate F62... [F6321.70]24.00]

F57Word in Sch. 4 para. 6(2)(b) 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)(g)(ii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F60Words in Sch. 4 para. 6(4) table 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)(g)(iii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F62Words in Sch. 4 para. 6(4) table 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)(g)(iv)(aa) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

Representation in proceedings prescribed as criminal proceedings under section 14(h) of the ActE+W

7.—(1) The fixed amounts and hourly rates for representation in the Crown Court in proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal from a magistrates' court [F64or where paragraph 5A applies]) are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F19£1,368.75].

Representation in Prescribed Proceedings in a [F65Crown Court]

[F66London (£)[F9Outside London] (£)
Routine letters written and telephone calls per item3.703.56
Preparation hourly rate47.9545.35
Advocacy hourly rate56.8956.89
Travelling and waiting hourly rate24.0024.00]

(2) The fixed amounts and hourly rates for representation in the High Court [F67, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F68(except where paragraph 5A or paragraph 10 applies)] are specified in the table following this sub-paragraph [F69and this Unit of Work is subject to an Upper Limit of £1,368.75].

[F70Representation in Prescribed Proceedings in the High Court [F71, the family court] or a county court

London (£)[F9Outside London] (£)
Routine letters out per item6.846.02
Routine telephone calls per item3.793.33
All other preparation work hourly rate68.44 (72.54 where Provider’s office is in London)60.23 (63.88 where Provider’s office is in London)
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate33.7629.66
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate68.4460.23
Travelling and waiting hourly rate30.3426.65]

(3) The fees payable to Assigned Counsel for representation in the High Court [F72, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act are subject to the limits specified in the table following paragraph 12.

Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review CommissionE+W

8.  The fixed amounts and hourly rates for Advice and Assistance on an appeal against conviction or sentence pursuant to a determination made under section 15 of the Act (except where there is a subsisting section 16 determination) or an application to the Criminal Cases Review Commission are specified in the table following this paragraph and are subject to an Upper Limit of—

(a)[F73£273.75] for Advice and Assistance on appeals against conviction or sentence; and

(b)[F74£456.25] for Advice and Assistance on an application to the Criminal Cases Review Commission.

[F75Advice and Assistance on an appeal against conviction or sentence or application to the Criminal Cases Review Commission

London (£)[F9Outside London] (£)
Routine letters written and routine telephone calls per item3.513.38
Preparation hourly rate45.3542.80
Travel and waiting hourly rate24.0024.00]

Representation on an appeal by way of case statedE+W

9.—(1) The fixed amounts and hourly rates for representation on an appeal by way of case stated are specified in the table following this sub-paragraph.

Representation on an appeal by way of case stated in the High Court

[F76High Court (£)
Routine letters out per item6.84
Routine telephone calls per item3.79
All other preparation work – hourly rate68.44 (72.54 where the Provider’s office is in London)
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate33.76
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate68.44
Travelling and waiting hourly rate30.34]

(2) The fees payable to Assigned Counsel for representation in the High Court on an appeal by way of case stated are subject to the limits specified in the table following paragraph 12.

Representation in the Crown Court on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the ActE+W

10.  The fixed amounts and hourly rates for representation in the Crown Court pursuant to a section 16 determination on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F77or an appeal to the County Court relating to an injunction under Part 1 of the 2014 Act or a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 made in connection with an injunction under Part 1 of the 2014 Act] are specified in the table following this paragraph, and this Unit of Work is subject to an Upper Limit of [F19£1,368.75]

London (£)[F9Outside London](£)
[F78Routine letters written and telephone calls per item3.703.56
Preparation hourly rate47.9545.35
Advocacy hourly rate56.8956.89
Travelling and waiting hourly rate24.0024.00]

Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law casesE+W

11.—(1) The Fixed Fee for Advice and Assistance in F79...Sentence Cases, Disciplinary Cases and Parole Board Cases is [F80£200.75] and the Escape Fee Threshold is [F81£602.25].

(2) The fixed amounts and hourly rates for recording time and to determine whether the Escape Fee Threshold has been reached are specified in the table following this sub-paragraph.

[F82Hourly rates for determining whether Escape Fee Threshold reached

All areas (£)
Routine letters written and routine telephone calls per item3.38
Preparation hourly rate42.80
Travel and waiting hourly rate24.00]

(3) The fixed amounts and hourly rates for Advocacy Assistance in Disciplinary Cases [F83and Sentence Cases], for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.

[F84[F85Hourly rates in Disciplinary Cases and Sentence Cases for determining application of Standard Fees]

All areas (£)
Routine letters written and routine telephone calls per item3.70
Preparation hourly rate51.24
Advocacy hourly rate62.28
Travel and waiting hourly rate24.00

[F86Higher and Lower Standard Fees table for Disciplinary Cases and Sentence Cases]

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
203.93357.06564.161,691.69]

(4) The fixed amounts and hourly rates for Advocacy Assistance in Parole Board Cases, for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.

[F87Hourly rates in Parole Board Cases for determining application of Standard Fees

All areas (£)
Routine letters written and routine telephone calls per item3.70
Preparation hourly rate51.24
Advocacy hourly rate62.28
Travel and waiting hourly rate24.00

Higher and Lower Standard Fees Table for Parole Board Cases

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
437.21933.931,454.444,362.54]

F79Words in Sch. 4 para. 11(1) omitted (2.12.2013) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(6) (with reg. 5(1))

F83Words in Sch. 4 para. 11(3) inserted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(2) (with reg. 5)

F85Words in Sch. 4 para. 11(3) table substituted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(3) (with reg. 5)

F86Words in Sch. 4 para. 11(3) table substituted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(4) (with reg. 5)

Payment for Assigned CounselE+W

12.—(1) This paragraph applies to the fees payable to Assigned Counsel for—

(a)representation in a magistrates' court;

(b)representation in the High Court[F88, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act; and

(c)representation in the High Court on an appeal by way of case stated.

(2) The fees payable to Assigned Counsel are subject to the limits specified in the table following this paragraph.

Payment for Assigned Counsel

[F89Junior Counsel (£)Queen’s Counsel (£)
Basic fee for preparation, including for a pre-trial review and, where appropriate, the first day’s hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation).maximum amount: 427.00maximum amount: 4,056.00
Refresher daily fee (for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation).maximum amount: 147.00maximum amount: 271.01
Subsidiary fees:
Attendance at consultations, conferences and views not covered by the basic fee or the refresher fee.26.69 per hour – minimum amount: 13.2549.73 per hour – minimum amount 25.55
Written work (on evidence, plea, appeal, case stated or other written work).maximum amount: 46.77maximum amount: 95.81
Attendance at pre-trial reviews, applications and other appearances (including bail applications and adjournments for sentence) not covered by the basic fee or the refresher fee.maximum amount: 85.78maximum amount: 187.06]

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