The Criminal Legal Aid (Remuneration) Regulations 2013

JurisdictionUK Non-devolved
CitationSI 2013/435
  • These Regulations may be cited as the Criminal Legal Aid (Remuneration) Regulations 2013 and shall come into force on 1st April 2013.
  • (1) In these Regulations—
    • the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
    • advocate” means a barrister, a solicitor advocate or a solicitor who is exercising their automatic rights of audience in the Crown Court;
    • F244“AGFS Banding Document” means F313version 1.2 (December 2018) of the document called “Banding of Offences in the Advocates’ Graduated Fee Scheme (AGFS) ”, published by the Ministry of Justice;
    • appropriate officer” means—
      • (a) in the case of proceedings in the civil division of the Court of Appeal, the head of the civil appeals office;
      • (b) in the case of proceedings in the criminal division of the Court of Appeal, the registrar of criminal appeals;
      • (c) in the case of proceedings in the Crown Court, the Lord Chancellor;
      • (d) in respect of advice or assistance as to an appeal from the Crown Court to the Court of Appeal (except in the case of an appeal under section 9(11) of the Criminal Justice Act 1987 (preparatory hearings) ) where, on the advice of any representative instructed, notice of appeal is given, or application for leave to appeal is made, whether or not such appeal is later abandoned, the registrar of criminal appeals;
      • (e) in respect of advice or assistance as to an appeal to the Courts-Martial Appeal Court, the registrar of criminal appeals;
      • (f) in respect of advice or assistance as to an appeal from the Court of Appeal to the Supreme Court, where the appeal is not lodged with the Supreme Court, the registrar of criminal appeals; and
      • (g) in any other case, the Lord Chancellor,
      and, in any case, includes an officer designated by the person who is the appropriate officer by virtue of paragraphs (a) to (g) to act on his behalf for the purposes of these Regulations;
    • assisted person” means an individual in whose favour a section 16 determination has been made;
    • F244“band” (in relation to a criminal offence) has the meaning given in paragraph 1(7) of Schedule 1;
    • F244“Class” (in relation to a criminal offence) has the meaning given in paragraph 1(7) of Schedule 2;
    • fee earner” means a litigator, or person employed by a litigator, who undertakes work on a case;
    • instructed advocate” means—
      • (a) where the section 16 determination provides for representation by a single advocate, the first barrister or solicitor advocate instructed in the case, who has primary responsibility for the case; or
      • (b) where the section 16 determination provides for representation by more than one advocate, each of—
        • (i) the leading instructed advocate; and
        • (ii) the led instructed advocate;
    • leading instructed advocate” means the first leading barrister or solicitor advocate instructed in the case who has primary responsibility for those aspects of a case undertaken by a leading advocate;
    • led instructed advocate” means the first led barrister or solicitor advocate instructed in the case who has primary responsibility for those aspects of the case undertaken by a led advocate;
    • F244“LGFS Table of Offences” means the table in Part 7 of Schedule 2;
    • litigator” means the person referred to in the representation order as representing an assisted person, being a solicitor, firm of solicitors or other appropriately qualified person.
    • F59“main hearing” means—
      • (a) in relation to a case which goes to trial, the trial;
      • (b) in relation to a guilty plea (within the meaning of Schedule 1) , the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing;
      • (c) in relation to a cracked trial (within the meaning of Schedule 1) , the hearing at which—
        • (i) the case becomes a cracked trial by meeting the conditions in the definition of a cracked trial, whether or not any pleas were taken at that hearing; or
        • (ii) a formal verdict of not guilty was entered as a result of the prosecution offering no evidence, whether or not the parties attended the hearing;
      • (d) in relation to an appeal against conviction or sentence in the Crown Court, the hearing of the appeal;
      • (e) in relation to proceedings arising out of a committal for sentence in the Crown Court, the sentencing hearing; and
      • (f) in relation to proceedings arising out of an alleged breach of an order of the Crown Court, the hearing at which those proceedings are determined;
    • related proceedings” means—
      • (a) two or more sets of proceedings involving the same defendant which are prepared, heard or dealt with together; or
      • (b) proceedings involving more than one defendant which arise out of the same incident, so that the defendants are charged, tried or disposed of together;
    • representation order” means a document which records a section 16 determination;
    • representative” means a litigator or an advocate including, where appropriate, an instructed advocate F60or trial advocate;
    • F244“restriction order” has the meaning given in section 41 (power of higher courts to restrict discharge from hospital) of the Mental Health Act 1983;
    • section 16 determination” means a determination made under section 16 of the Act that an individual qualifies for representation for the purposes of criminal proceedings;
    • senior solicitor” means a solicitor who, in the judgement of the appropriate officer, has the skill, knowledge and experience to deal with the most difficult and complex cases;
    • solicitor advocate” means a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society;
    • “...

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