Statutory Instruments
1992 No. 592

LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1992

Made
9th March 1992

Laid before Parliament
11th March 1992

Coming into force
1st April 1992

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

1.  These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.

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

3.  In regulation 4(2)(b) after the word “work” there shall be inserted the words “actually and”.

4.  In regulation 6, in respect of work done on or after 14th October 1991—

(a)in paragraph (1) for the words “Subject to paragraph (5), the” there shall be substituted “The”;

(b)in paragraph (3) for the words “,(4) and (5)” there shall be substituted “and (4)”.

5.  In regulations 6(3) and 9(5)(a) for the date “30th June 1992” there shall be substituted “30th June 1993”.

6.  For paragraph 1(1) of Part I of Schedule 1 there shall be substituted, in respect of work done on or after 1st April 1992, the following new sub-paragraph—

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

(a)Magistrates' court proceedings

Class of work
Rate

Preparation
£43.25
per hour—
(£45.75 per hour for a fee-earner whose office is situated within legal aid area 1)

Advocacy
£54.50
per hour

Attendance at court where counsel assigned
£29.50
per hour

Travelling and waiting
£24.25
per hour

Routine letters written and routine telepnhone calls
£3.35
per item—
(£3.50 per item for a fee-earner whose office is situated within legal aid area 1)

(b)Crown Court and Court of Appeal

Class of work
Grade for fee-earner
Rate

Preparation
Senior Solicitor
£51.50
Per hour—
(£54 per hour for a fee-earner whose office is situated within legal aid area 1)

Solicitor, legal executive or fee-earner of equivalent experience
£43.50
per hour
(£45.75 per hour for a fee-earner whose office is situated within legal aid area 1)

Articled clerk or fee-earner of equivalent experience
£28.75
per hour
(£33 per hour for a fee-earner whose office is situated within legal aid area 1)

Advocacy
Senior solicitor
£62.50
per hour

Solicitor
£54.50
per hour

Attendance at court where counsel assigned
Senior solicitor
£41.25
per hour

Solicitor, legal executive or fee-earner of equivalent experience
£33
per hour

Articled clerk or fee-earner of equivalent experience
£20
per hour

Travelling and waiting
Senior solicitor
£24.25
per hour

Solicitor, legal executive or fee-earner of equivalent experience
£24.25
per hour

Articled clerk or fee-earner of equivalent experience
£12
per hour

Routine letters written and routine telephone calls
£3.35
per hour—
(£3.50 per item for a fee-earner whose office is situated within legal aid area 1)”

7.  In Part II of Schedule 1—

(a)for the table in paragraph 4(3) there shall be substituted, inrespect of work done on or after 1st April 1992, the followingtable—

“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)
£125.50
£173
£242
£302

London rate

£135
£180
£254
£316

Guildy pleas
£79
£106
£170
£218

London rate

£85
£110
£180
£228

Appeals against conviction
£49.50
£66
£148.50
£225

London rate

£53
£68
£154.50
£236

Appeals against sentence
£35.25
£50.50
£90.50
£127

London rate

£38
£52.50
£95
£131

Commitals for sentence
£41
£49.50
£94.75
£137

London rate

£43.50
£51.50
£100
£141

Advocacy in respect of bail applications
£25.25

London rate

£27.75

Attendance at court (including waiting) where counsel assigned
£20.75
per hour

Travelling
£18
per hour”

(b)in paragraph 4(10) for the figures “ £28.00” and “ £30.00” there shall be substituted, in respect of work done on or after 1stApril 1992, the figures “ £29.00” and “ £31.00”;

(c)in paragraph 4(11) for the figure “ £10.15” there shall be substituted, in respect of work done on or after 1stApril 1992, the figure “ £10.45”.

8.  In Part I of Schedule 2—

(a)in paragraph 9 for the figure “ £18” there shall be substituted, in respect of work done on or after 1stApril 1992, the figure “ £18.50”;

(b)in paragraph 10 for the figure “ £10.15” there shall be substituted, in respect of work done on or after 1stApril 1992, the figure “ £10.45”;

(c)for the Table there shall be substituted, in respect of work done onor after 1st April 1992, the following Table—

“TABLE

Type of proceedings
Standard basic fee

Jury trials (including any case prepared for trial in which no juryis sworn)
£214

Guilty pleas
£113

Appeals against conviction
£113

Appeals against sentence
£71

Committals for sentence
£71

Standard appearance fee
£44.75

Standard refresher fee

(1)
Half day

£79

(2)
Full day

£153

(3)
More than a full day

£230

Standard written work fee
£29”

9.  For the tables in Part II of Schedule 2 there shall be substituted,in respect of work done on or after 1st April 1992, the followingtables:—

“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: £461
Maximum amount: £159.50
£28.75 per hour Minimum amount: £14.35
Maximum amount £50.50
Maximum amount £92.50

Crown Court
Jury trials
Maximum amount: £537.50

Cases prepared for trial in which no jury is swonn
Maximum amount: £313

Guilty pleas
Maximum amount: £189.50

£33 per hour Minimum amount: £16.50
Maximum amount: £57.50
Maximum amount: £98

Appeals against conviction
Maximum amount: £207
Maximum amount: £176

Appeals against sentence
Maximum amount: £106

Committal for sentence
Maximum amount: £106

TABLE 2:

QUEEN'S 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' Count
All cases
Maximum amount: £4446
Maximum amount; £297
£54.50 per hour Minimum amount: £28
Maximum amount: £105
Maximum amount: £205

Crown Court
All cases
Maximum amount: £5400
Maximum amount: £330.50
£62.50 per hour Minimum amount: £32
Maximum amount: £257.50”

Mackay of Clashfern, C.
Dated 6th March 1992

We consent,

Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th March 1992

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 by increasing the rates of remuneration for legal aid work in criminal proceedings done on or after 1st April 1992. There is an overall increase of 3 per cent.
Regulation 4 is also amended so that allowance is made only in respect of work which is actually as well as reasonably done. The amendments to regulation 6 to remove reference to a paragraph which was omitted by an earlier amending instrument (S.I. 1991/2037).


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

(2)
S.I. 1989/343, amended by S.I. 1990/488 and S.I. 1991/529, 838 and 2037.