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

EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument amends the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) (“the Criminal Remuneration Regulations”), which make provision for the remuneration of criminal legal aid (advice and assistance or representation made available under section 13, 15 or 16 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”)).

Part 2 of and Schedules 1 to 3 to this instrument reduce the fees payable for representation in the Crown Court to which Schedule 2 to the Criminal Remuneration Regulations applies (litigators’ graduated fee scheme), representation in the Court of Appeal to which Schedule 3 to the Criminal Remuneration Regulations applies (proceedings in the Court of Appeal) and certain categories of work to which Schedule 4 to the Criminal Remuneration Regulations applies (advice and assistance, representation in the magistrates’ court, representation for proceedings relating to an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) or prescribed as criminal under section 14(h) of the Act, representation in certain other appeals and payment for Assigned Counsel). The fees introduced represent a 17.5% reduction from the rates applicable in April 2013.

Part 3 of and Schedules 4 to 13 to this instrument introduce new fee schemes for representation in the Crown Court under Schedule 2 to the Criminal Remuneration Regulations and certain advice and assistance and magistrates’ court representation under Schedule 4 of those regulations. Regulation 6(7)(c) of and Schedule 5 to this instrument inserts a new Part 1A in Schedule 2 to the Criminal Remuneration Regulations, introducing fixed fees for guilty pleas, cracked trials and trials for cases in which the number of pages of prosecution evidence is less than or equal to 500. Regulation 6(8) of and Schedules 12 and 13 to this instrument amend Schedule 4 to the Criminal Remuneration Regulations to introduce a new fixed fee structure for Police Station advice and assistance and standard fee structure for representation in magistrates’ courts.

This instrument also makes amendments to the Criminal Remuneration Regulations, the Criminal Legal Aid (General) Regulations (S.I. 2013/9), Civil Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/422) and the Criminal Legal Aid (Financial Resources) Regulations (S.I. 2013/471) consequential on the 2015 Duty Provider Crime Contract and Own Client Crime Contract which replace the 2010 Standard Crime Contract (regulations 4, 5, 6(3) and (8)(b) and 7). The remaining provisions make consequential amendments or minor clarifications.

The amendments made by Part 2 of this instrument apply to matters in which a determination under section 13, 15 or 16 of the Act is made on or after 1st July 2015. The amendments made by Part 3 apply to matters in which a determination under section 13, 15 or 16 is made on or after 11th January 2016.

The contracts referred to in this instrument are available at https://www.gov.uk/government/publications?departments%5B%5D=legal-aid-agency. Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London, SW1H 9AJ.

A full impact assessment of the effect that Part 2 of this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Ministry of Justice, 102 Petty France, London SW1H 9AJ and is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. A full impact assessment of the effect that Part 3 of this instrument will have on the costs of business, the voluntary sector and the public sector was produced with the Government’s response to the Transforming Legal Aid: Next Steps consultation, published on 27th February 2014, and is available at https://consult.justice.gov.uk/digital-communications/transforming-legal-aid-next-steps.