The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1996

Link to law: http://www.legislation.gov.uk/uksi/1996/644/made/data.htm?wrap=true
Published: 1996-03-07

Statutory Instruments
1996 No. 644

LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1996

Made
7th March 1996

Laid before Parliament
11th March 1996

Coming into force
1st April 1996

The Lord Chancellor, in exercise of the powers conferred on him by sections 25(2), 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section 34(9) and having consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations—

Citation, commencement, interpretation and transitional provision

1.—(1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.

(2) In these Regulations a reference to a regulation or schedule by number alone means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989(2).

(3) Regulations 2 to 7 of these Regulations shall apply for the purposes of work done on or after 1st April 1996 to which the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 apply.

Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

2.  In regulations 6(3) and 9(5)(a) for “30th June 1996” there shall be substituted the date “30th June 1997”.

3.  The following paragraphs shall be substituted for Schedule 1 Part I paragraph 1—

“1.—(1) Subject to paragraphs 1A, 2 and 3, the appropriate authority shall allow fees for work allowed by it under regulation 6 at the following prescribed rates:

(a) Magistrates' court proceedings

Class of work
Rate

Preparation
£44.75 per hour–
(£47.25 per hour for a fee-earner whose office is situated within legal aid area 1).

Advocacy
£56.50 per hour

Attendance at court where counsel assigned
£30.50 per hour

Attendance at court where counsel assigned
£30.50 per hour

Travelling and waiting
£24.75 per hour

Routine letters written and routine telephone calls
£3.45 per item–
(£3.60 per item for a fee-earner whose office is situated within legal aid area 1).

(b) Crown Court and Court of Appeal proceedings

Class of work
Grade of fee-earner
Rate

Preparation
Senior solicitor
£53.00 per hour–
(£55.75 per hour for a fee-earner whose office is situated within legal aid area 1).

Solicitor, legal executive or fee earner of equivalent experience
£45.00 per hour–
(£47.25 per hour for a fee-earner whose office is situated within legal aid area 1).

Articled clerk or fee-earner of equivalent experience
£29.75 per hour–
(£34.00 per hour for a fee-earner whose office is situated within legal aid area 1).

Advocacy
Senior solicitor
£64.50 per hour

Solicitor
£56.00 per hour

Attendance at court where counsel assigned
Senior solicitor
£42.25 per hour

Solicitor, legal executive or fee-earner of equivalent experience
£34.00 per hour

Articled clerk or fee-earner of equivalent experience
£20.50 per hour

Travelling & waiting
Senior solicitor
£24.75 per hour

Solicitor, legal executive or fee-earner of equivalent experience
£24.75 per hour

Articled clerk or fee-earner of equivalent experience
£12.50 per hour

Routine letters written and routine telephone calls

£3.45 per item–
(£3.60 per item for a fee-earner whose office is situated within legal aid area 1).

(2) In paragraphs 1(1) and 1A, “legal aid area” means an area specified by the Board under regulation 4(1) of the Civil Legal Aid (General) Regulations 1989(3), and legal aid area 1 means the area so numbered by the Board.

1A.  Subject to paragraphs 2 and 3, the following prescribed rates shall apply to work done by a franchisee instead of the corresponding rates in paragraph 1(1)(a):

Class of work
Rate

Preparation
£46.00 per hour–
(£48.50 per hour for a fee-earner whose office is situated within legal aid area 1)

Advocacy
£57.75 per hour

Attendance at court where counsel assigned
£31.50 per hour

Travelling and waiting
£25.50 per hour

Routine letters written and routine telephone calls
£3.55 per item–
(£3.70 per item for a fee-earner whose office is situated within legal aid area 1)”.

4.  Part II of Schedule 1 shall be amended as follows:—

(a)the following shall be substituted for the Table following paragraph 4(3)—

“TABLE

PREPARATION

Type of proceedings
Lower standard fee
Lower fee limit
Principal standard fee
Upper fee limit

Jury trials (including any case prepared for trial in which no jury was sworn)

£129.50
£179
£249.50
£312

London rate
£139.00
£186
£261.50
£326

Guilty pleas

£81.50
£110
£175.00
£226

London rate
£87.50
£114
£185.50
£235

Appeals against conviction

£51.00
£68
£153.00
£233

London rate
£54.50
£70
£159.00
£244

Appeals against sentence

£36.25
£52
£93.00
£131

London rate
£39.25
£54
£98.00
£135

Committals for sentence

£42.50
£51
£97.75
£141

London rate
£45.00
£53
£103.00
£145

ADVOCACY IN RESPECT OF BAIL APPLICATIONS

£26.25

London rate
£28.75

ATTENDANCE AT COURT (INCLUDING WAITING) WHERE COUNSEL ASSIGNED

£21.40 per hour

TRAVELLING

£18.50 per hour”;

(b)in paragraph 4(10), for “£29.50” there shall be substituted “£30.00” and for “£31.50” there shall be substituted “£32.00”;

(c)in paragraph 4(11), for “£10.75” there shall be substituted “£10.90”.

5.  Part III of Schedule 1 shall be amended by substituting the following for paragraph 8(1):—

“8—(1) Subject to sub-paragraph (1A), standard fees are payable in accordance with the Table below:—

TABLE

Type of proceedings
Lower standard fee
Lower limit
Higher standard fee
Higher limit

Category 1

£144.25
£268
£346.00
£463.75

London rate
£185.50
£344
£440.00
£581.50

Category 2

£254.50
£460
£583.00
£767.25

London rate
£326.50
£584
£732.50
£934.75

Category 3

£229.75
£406
£520.25
£709.50

London rate
£290.50
£493
£611.00
£755.25

(1A) Where the work was done by a franchisee, standard fees are payable in accordance with the Table below:–

TABLE

Type of proceedings
Lower standard fee
Lower limit
Higher standard fee
Higher limit

Category 1

£148.25
£276
£357.00
£478

London rate
£191.00
£354
£453.00
£598

Category 2

£262.25
£474
£601.00
£790

London rate
£336.25
£602
£755.00
£963

Category 3

£236.50
£418
£536.00
£730

London rate
£299.25
£507
£629.00
£778”;

6.  Part I of Schedule 2 shall be amended as follows–

(a)in paragraph 9, for “£19.00” there shall be substituted “£19.25”;

(b)in paragraph 10, for “£10.75” there shall be substituted “£10.90”;

(c)The following shall be substituted for the Table following paragraph 11–

“TABLE

Type of proceedings
Standard basic fee

Jury trials (including any case prepared for trial in which no jury is sworn)
£221.50

Guilty pleas
£117.00

Appeals against conviction
£117.00

Appeals against sentence
£73.50

Committals for sentence
£73.50

Standard appearance fee
£46.50

Standard refresher fee

(1) Half day

£81.75

(2) Full day

£158.25

(3) More than a full day

£238.00

Standard written work fee
£30.00”.

7.  In Part II of Schedule 2 the following shall be substituted for Table 1 following paragraph 5:–

TABLE 1: JUNIOR COUNSEL

Court
Type of proceedings
Basic fee
Full day refresher fee
Subsidiary fees

Attendance at consultations, conferences & views
Written work
Attendance at pre-trial reviews, applications and other appearances

Magistrates' court
All cases
Maximum amount: £468
Maximum amount: £162
£29.25 per hour Minimum amount: £14.50
Maximum amount: £51.25
Maximum amount: £94.00

Crown Court
Jury trials
Maximum amount: £545.50

Cases prepared for trial in which no jury is sworn
Maximum amount: £317.75

Guilty pleas
Maximum amount: £192.25

£33.50 per hour Minimum amount: £16.75
Maximum amount: £58.25
Maximum amount: £99.50

Appeals against conviction
Maximum amount: £210
Maximum amount: £178.75

Appeals against sentence
Maximum amount: £107.50

Committals for sentence
Maximum amount: £107.50

Mackay of Clashfern, C.
Dated 5th March 1996

We consent,

Simon Burns
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1996

Explanatory Note

(This note is not part of the Regulations)
These Regulations increase the rates of remuneration for legal aid work in criminal proceedings done on or after 1st April 1996. The Regulations also alter the date after which certain work may be remunerated at discretionary instead of prescribed rates from 30th June 1996 to 30th June 1997.


(1)
1988 c. 34; sections 25(2), 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”.

(2)
S.I. 1989/343; the relevant amending instruments are S.I. 1990/488, 1991/529, 838, 2037, 1992/592, 1993/934, 1994/1477, 1825, 2218 and 1995/952.

(3)
S.I. 1989/339; the relevant amending instrument is S.I. 1994/1822.
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