uksi/2018/1323 — The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018

2018 No. 1323 Legal Aid And Advice, England And Wales The Criminal Legal Aid (Remuneration) (Amendment) ( No. 2) Regulations 2018 Made 7th December 2018 Laid before Parliament 10th December 2018 Coming into force 31st December 2018 The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 2(3) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 . PART 1 Preliminary Citation and commencement 1 These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 and come into force on 31st December 2018. PART 2 Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013 Introductory 2 The Criminal Legal Aid (Remuneration) Regulations 2013 are amended in accordance with this Part. Amendment of regulation 2 (interpretation) 3 In regulation 2(1), in the definition of “AGFS Banding Document” for “version 1.1 (February 2018)” substitute “version 1.2 (December 2018)” . Amendment of Schedule 1 (advocates’ graduated fee scheme) 4 Schedule 1 is amended as follows. 5 In paragraph 5 (basic fees), for the table substitute— (1) Band of offence Amount of basic fee per category of trial advocate (2) Junior Alone or Led Junior (3) Leading Junior (4) Queen’s Counsel 1.1 £8,585 £12,880 £17,170 1.2 £4,295 £6,445 £8,590 1.3 £2,575 £3,865 £5,150 1.4 £2,145 £3,220 £4,290 2.1 £8,585 £12,880 £17,170 2.2 £2,575 £3,865 £5,150 3.1 £3,535 £5,305 £7,070 3.2 £2,020 £3,030 £4,040 3.3 £1,200 £1,800 £2,400 3.4 £850 £1,275 £1,700 3.5 £750 £1,125 £1,500 4.1 £2,020 £3,030 £4,040 4.2 £1,565 £2,350 £3,130 4.3 £1,515 £2,275 £3,030 5.1 £1,900 £2,850 £3,800 5.2 £1,415 £2,125 £2,830 5.3 £1,010 £1,515 £2,020 6.1 £8,485 £12,730 £16,970 6.2 £7,700 £11,550 £15,400 6.3 £2,855 £4,285 £5,710 6.4 £1,010 £1,515 £2,020 6.5 £810 £1,215 £1,620 7.1 £1,415 £2,125 £2,830 7.2 £810 £1,215 £1,620 7.3 £760 £1,140 £1,520 8.1 £1,210 £1,815 £2,420 9.1 £5,860 £8,790 £11,720 9.2 £4,040 £6,060 £8,080 9.3 £3,030 £4,545 £6,060 9.4 £2,650 £3,975 £5,300 9.5 £1,615 £2,425 £3,230 9.6 £1,210 £1,815 £2,420 9.7 £810 £1,215 £1,620 10.1 £2,220 £3,330 £4,440 11.1 £1,400 £2,100 £2,800 11.2 £800 £1,200 £1,600 12.1 £2,120 £3,180 £4,240 12.2 £1,315 £1,975 £2,630 12.3 £910 £1,365 £1,820 13.1 £1,800 £2,700 £3,600 14.1 £2,325 £3,490 £4,650 15.1 £1,615 £2,425 £3,230 15.2 £1,400 £2,100 £2,800 15.3 £850 £1,275 £1,700 16.1 £2,220 £3,330 £4,440 16.2 £1,615 £2,425 £3,230 16.3 £1,010 £1,515 £2,020 17.1 £725 £1,090 £1,450 . 6 In paragraph 5A (daily attendance fees), for the table substitute— (1) Band of offence Amount of daily attendance fee per category of trial advocate (2) Junior Alone or Led Junior (3) Leading Junior (4) Queen’s Counsel 1.1 £580 £870 £1,160 1.2 £580 £870 £1,160 1.3 £580 £870 £1,160 1.4 £580 £870 £1,160 2.1 £580 £870 £1,160 2.2 £580 £870 £1,160 3.1 £505 £760 £1,010 3.2 £505 £760 £1,010 3.3 £505 £760 £1,010 3.4 £505 £760 £1,010 3.5 £400 £600 £800 4.1 £530 £795 £1,060 4.2 £505 £760 £1,010 4.3 £480 £720 £960 5.1 £530 £795 £1,060 5.2 £505 £760 £1,010 5.3 £480 £720 £960 6.1 £530 £795 £1,060 6.2 £505 £760 £1,010 6.3 £405 £610 £810 6.4 £400 £600 £800 6.5 £400 £600 £800 7.1 £505 £760 £1,010 7.2 £455 £685 £910 7.3 £405 £610 £810 8.1 £505 £760 £1,010 9.1 £530 £795 £1,060 9.2 £530 £795 £1,060 9.3 £455 £685 £910 9.4 £455 £685 £910 9.5 £455 £685 £910 9.6 £405 £610 £810 9.7 £400 £600 £800 10.1 £530 £795 £1,060 11.1 £455 £685 £910 11.2 £400 £600 £800 12.1 £505 £760 £1,010 12.2 £505 £760 £1,010 12.3 £505 £760 £1,010 13.1 £505 £760 £1,010 14.1 £555 £835 £1,110 15.1 £505 £760 £1,010 15.2 £405 £610 £810 15.3 £400 £600 £800 16.1 £555 £835 £1,110 16.2 £505 £760 £1,010 16.3 £505 £760 £1,010 17.1 £400 £600 £800 . 7 In paragraph 6(2)(b) (scope of Part 3), for sub-paragraph (ii) substitute— ii the defendant pleads guilty to one or more counts on the indictment and the prosecution offer no evidence on a remaining count, or otherwise do not proceed to trial on a remaining count. . 8 1 Paragraph 8 (basic fees for guilty pleas and cracked trials) is amended as follows. 2 For Table A substitute— Table A Basic fees where there is a guilty plea or where the trial cracks in the first third or the second third (1) Band of offence Amount of basic fee per category of trial advocate (2) Junior Alone or Led Junior (3) Leading Junior (4) Queen’s Counsel 1.1 £4,295 £6,440 £8,585 1.2 £2,150 £3,220 £4,295 1.3 £1,290 £1,930 £2,575 1.4 £1,075 £1,610 £2,145 2.1 £4,295 £6,440 £8,585 2.2 £1,290 £1,930 £2,575 3.1 £1,770 £2,650 £3,535 3.2 £1,010 £1,515 £2,020 3.3 £600 £900 £1,200 3.4 £425 £640 £850 3.5 £375 £565 £750 4.1 £1,010 £1,515 £2,020 4.2 £785 £1,175 £1,565 4.3 £760 £1,135 £1,515 5.1 £950 £1,425 £1,900 5.2 £710 £1,060 £1,415 5.3 £505 £760 £1,010 6.1 £4,245 £6,365 £8,485 6.2 £3,850 £5,775 £7,700 6.3 £1,430 £2,140 £2,855 6.4 £505 £760 £1,010 6.5 £405 £610 £810 7.1 £710 £1,060 £1,415 7.2 £405 £610 £810 7.3 £380 £570 £760 8.1 £605 £910 £1,210 9.1 £2,930 £4,395 £5,860 9.2 £2,020 £3,030 £4,040 9.3 £1,515 £2,275 £3,030 9.4 £1,325 £1,990 £2,650 9.5 £810 £1,210 £1,615 9.6 £605 £910 £1,210 9.7 £405 £610 £810 10.1 £1,110 £1,665 £2,220 11.1 £700 £1,050 £1,400 11.2 £400 £600 £800 12.1 £1,060 £1,590 £2,120 12.2 £660 £985 £1,315 12.3 £455 £685 £910 13.1 £900 £1,350 £1,800 14.1 £1,165 £1,745 £2,325 15.1 £810 £1,210 £1,615 15.2 £700 £1,050 £1,400 15.3 £425 £640 £850 16.1 £1,110 £1,665 £2,220 16.2 £810 £1,210 £1,615 16.3 £505 £760 £1,010 17.1 £365 £545 £725 . 3 For Table B substitute— Table B Basic fees where the trial cracks in the final third (1) Band of offence Amount of basic fee per category of trial advocate (2) Junior Alone or Led Junior (3) Leading Junior (4) Queen’s Counsel 1.1 £7,295 £10,945 £14,595 1.2 £3,650 £5,475 £7,300 1.3 £2,190 £3,285 £4,380 1.4 £1,825 £2,735 £3,645 2.1 £7,295 £10,945 £14,595 2.2 £2,190 £3,285 £4,380 3.1 £3,005 £4,505 £6,010 3.2 £1,715 £2,575 £3,435 3.3 £1,020 £1,530 £2,040 3.4 £725 £1,085 £1,445 3.5 £640 £955 £1,275 4.1 £1,715 £2,575 £3,435 4.2 £1,330 £1,995 £2,660 4.3 £1,290 £1,930 £2,575 5.1 £1,615 £2,425 £3,230 5.2 £1,205 £1,805 £2,405 5.3 £860 £1,290 £1,715 6.1 £7,210 £10,820 £14,425 6.2 £6,545 £9,820 £13,090 6.3 £2,425 £3,640 £4,855 6.4 £860 £1,290 £1,715 6.5 £690 £1,035 £1,375 7.1 £1,205 £1,805 £2,405 7.2 £690 £1,035 £1,375 7.3 £645 £970 £1,290 8.1 £1,030 £1,545 £2,055 9.1 £4,980 £7,470 £9,960 9.2 £3,435 £5,150 £6,870 9.3 £2,575 £3,865 £5,150 9.4 £2,255 £3,380 £4,505 9.5 £1,375 £2,060 £2,745 9.6 £1,030 £1,545 £2,055 9.7 £690 £1,035 £1,375 10.1 £1,885 £2,830 £3,775 11.1 £1,190 £1,785 £2,380 11.2 £680 £1,020 £1,360 12.1 £1,800 £2,705 £3,605 12.2 £1,120 £1,675 £2,235 12.3 £775 £1,160 £1,545 13.1 £1,530 £2,295 £3,060 14.1 £1,975 £2,965 £3,955 15.1 £1,375 £2,060 £2,745 15.2 £1,190 £1,785 £2,380 15.3 £725 £1,085 £1,445 16.1 £1,885 £2,830 £3,775 16.2 £1,375 £2,060 £2,745 16.3 £860 £1,290 £1,715 17.1 £615 £925 £1,235 . 9 In paragraph 9(2)(b) (scope of Part 4), for sub-paragraph (ii) substitute— ii the defendant pleads guilty to one or more counts on the indictment and the prosecution offer no evidence on a remaining count, or otherwise do not proceed to trial on a remaining count. . 10 In paragraph 10 (fixed fee for guilty pleas or cracked trials), for “£194” substitute “£365”. 11 In paragraph 14(2) (fees for confiscation hearings), for the table substitute— Fees for confiscation hearings Fee for QC >Fee for Leading Junior Fee for Junior Alone Fee for Led Junior 1. Daily and half daily rates Half daily rate £263 £197 £131 £131 Daily rate £502 £349 £240 £240 2. Pages of evidence 51-250 £655 £546 £437 £327 251-500 £983 £819 £655 £491 501-750 £1,311 £1,092 £874 £655 751-1000 £1,965 £1,638 £1,311 £983 3. Preparation hourly rates £74.74 £56.56 £39.39 £39.39 . 12 In paragraph 17(1)(a) (fees for special preparation)-- a before “novel point of law” insert “very unusual or”; b after “novel point of law” insert “or factual issue”. 13 1 Paragraph 19A (fees for further case management hearings and plea and trial preparation hearings) is amended as follows. 2 The existing paragraph is renumbered as sub-paragraph (1). 3 After sub-paragraph (1) insert— 2 But if a guilty plea is entered at a plea and trial preparation hearing, the fee payable to the advocate for that hearing is the amount set out in Table A following paragraph 8 which corresponds with the band within which the offence falls and the category of the advocate concerned. . 14 In paragraph 21 (fees for contempt proceedings)— a in the table following sub-paragraph (1) for— i “300” substitute “303”; ii “225” substitute “227”; iii “150” substitute “152”; b in the table following sub-paragraph (2) for— i “175” substitute “177”; ii “125” substitute “126”; iii “100” substitute “101”. 15 In paragraph 24 (fixed fees), for the table substitute— Fixed fees Category of work Paragraph providing for fee >Junior Alone or Led Junio Leading Junior Queen’s Counsel Standard Appearance 12(2) £91 per day £136 per day £182 per day Abuse of process hearing 13(1)(a) and (3) £240 full day £131 half day £349 full day £197 half day £502 full day £263 half day Hearings relating to disclosure 13(1)(b), (c) and (3) £240 full day £131 half day £349 full day £197 half day £502 full day £263 half day Hearings relating to the admissibility of evidence 13(1)(d) and (3) £240 full day £131 half day £349 full day £197 half day £502 full day £263 half day Ground rules hearings 13(1)(da) and (3) £240 full day £131 half day £349 full day £197 half day £502 full day £263 half day Hearings on withdrawal of guilty plea 13(1)(e) and (3) £240 full day £131 half day £349 full day £197 half day £502 full day £263 half day Sentencing hearing 15 £126 per day £192 per day £253 per day Deferred sentencing hearing 15(2) £175 per day £240 per day £327 per day Ineffective trial hearing 16 £380 per day £380 per day £380 per day Special preparation 17 £39.39 per hour £56.56 per hour £74.74 per hour Wasted preparation 18 £39.39 per hour £56.56 per hour £74.74 per hour Conferences and views 19 £40.40 per hour £60.60 per hour £80.80 per hour Further case management hearing 19A £101 per day £152 per day £202 per day Plea and trial preparation hearing 19A £126 per day £192 per day £253 per day Appeals to the Crown Court against sentence 20 £250 per day £373 per day £498 per day Appeals to the Crown Court against conviction 20 £330 per day £496 per day £661 per day Proceedings relating to the breach of an order of the Crown Court 20(1) £109 per day £153 per day £218 per day Committal for sentence 20(1) and (2) £152 per day £227 per day £303 per day Adjourned appeals, committals for sentence and breach hearings 20(2) £88 per day £131 per day £175 per day Bail applications, mentions and other applications in appeal, committals for sentence and breach hearings 20(3) £88 per day £131 per day £175 per day Second and subsequent days of an application to dismiss 22(6) £240 full day £131 half day £349 full day £197 half day £502 full day £263 half day Noting brief 23 £109 per day £109 per day £109 per day Hearing for mitigation of sentence 34 £109 per day £175 per day £263 per day . 16 In paragraph 27(4) (additional charges and additional cases)— a for “or 16” substitute “, 16 or 19A”; b in paragraph (a), after “paragraph 24” insert “or, where the hearing falls within paragraph 19A(2), the applicable fee specified in Table A following paragraph 8”. PART 3 Savings Savings 17 The amendments made by these Regulations have no effect in relation to proceedings in respect of which a determination under section 16 (representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was made before 31st December 2018. Lucy Frazer Parliamentary Under Secretary of State Ministry of Justice 7th December 2018 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Criminal Legal Aid (Remuneration) Regulations 2013 ( S.I. 2013/435 ; the “2013 Regulations”). In particular, the Regulations amend the legal aid fees that are payable to advocates in criminal proceedings under the advocates’ graduated fee scheme, as set out in Schedule 1 to the 2013 Regulations. Part 2 sets out the amendments to the 2013 Regulations. Part 3 (regulation 17) contains a saving provision. An impact assessment on the effect that these Regulations will have on the costs of business and the voluntary sector is available from the Legal Aid Policy Team, Access to Justice Directorate, Justice and Courts Policy Group, Ministry of Justice, 102 Petty France, London SW1H 9AJ (telephone 0203 334 4334). The impact assessment is annexed to the Explanatory Memorandum which is available alongside these Regulations on the UK legislation website at http://www.legislation.gov.uk .