The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/220

2018 No. 220

Legal Aid And Advice, England And Wales

The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018

Made 20th February 2018

Laid before Parliament 23th February 2018

Coming into force 1st April 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 20121.

1 Preliminary

PART 1

Preliminary

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 and come into force on 1st April 2018.

2 Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013

PART 2

Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013

Introductory
S-2 Introductory

Introductory

2. The Criminal Legal Aid (Remuneration) Regulations 20132are amended in accordance with this Part.

Amendment of regulation 2 (interpretation)
S-3 Amendment of regulation 2 (interpretation)

Amendment of regulation 2 (interpretation)

3. In regulation 2(1), in the appropriate places, insert—

““AGFS Banding Document” means version 1.1 (February 2018) of the document called “Banding of Offences in the Advocates’ Graduated Fee Scheme (AGFS)”, published by the Ministry of Justice3;”;

““band” (in relation to a criminal offence) has the meaning given in paragraph 1(7) of Schedule 1;”;

““Class” (in relation to a criminal offence) has the meaning given in paragraph 1(7) of Schedule 2;”;

““LGFS Table of Offences” means the table in Part 7 of Schedule 2;”;

““restriction order” has the meaning given in section 41 (power of higher courts to restrict discharge from hospital) of the Mental Health Act 19834;”.

Amendment of regulation 21 (hardship payments)
S-4 Amendment of regulation 21 (hardship payments)

Amendment of regulation 21 (hardship payments)

4. In regulation 21(4)(a), for “Part 7 of Schedule 1” substitute “the LGFS Table of Offences”.

Amendment of regulation 28 (redetermination of fees by appropriate officer)
S-5 Amendment of regulation 28 (redetermination of fees by appropriate officer)

Amendment of regulation 28 (redetermination of fees by appropriate officer)

5.—(1) Regulation 28 is amended as follows.

(2) In paragraph (1)(b)(iii), omit “(reclassification of an offence not specifically listed in the relevant Table of Offences and so deemed to fall within Class H)”.

(3) In paragraph (1)(c)(ii), omit “(reclassification of an offence not specifically listed in the relevant Table of Offences and so deemed to fall within Class H)”.

(4) For paragraph (7)(b), substitute—

“(b)

“(b) confirm—

(i) in the case of a redetermination requested by an advocate, the banding of the offence within band 17.1; or

(ii) in the case of a redetermination requested by a litigator, the classification of the offence within Class H; or”.

(5) In paragraph (7)(c), before “reclassify” insert “re-band or”.

Amendment of Schedule 1 (advocates’ graduated fee scheme)

Amendment of Schedule 1 (advocates’ graduated fee scheme)

S-6 Schedule 1 is amended as follows.

Schedule 1 is amended as follows.

6. Schedule 1 is amended as follows.

S-7 In paragraph 1 (interpretation)— in sub-paragraph (1), in the...

7. In paragraph 1 (interpretation)—

(a) in sub-paragraph (1), in the definition of “standard appearance”—

(i) omit paragraph (a);

(ii) omit paragraph (ba);

(iii) omit paragraph (h);

(b) for sub-paragraph (7), substitute—

S-7

“7 A reference in this Schedule to a “band” is to the band of the offence concerned set out in Table B in the AGFS Banding Document, as read in conjunction with Table A in that document.

S-8

8 Where the band within which an offence described in Table B in the AGFS Banding Document falls depends on the facts of the case, the band within which the offence falls is to be determined by reference to Table A in that document.”.

S-8 Paragraph 3 (class of offences) is amended as follows. For the...

8.—(1) Paragraph 3 (class of offences) is amended as follows.

(2) For the heading, substitute “Bands of Offences”.

(3) In sub-paragraph (1)—

(a)

(a) in paragraph (a)—

(i) for “Class under which it is listed in the Table of Offences” substitute “band of that offence set out in the AGFS Banding Document”;

(ii) for “Class H” substitute “band 17.1”;

(b)

(b) in paragraph (b), for “Class” substitute “band”;

(c)

(c) in paragraph (c)—

(i) for “Table of Offences” substitute “AGFS Banding Document”;

(ii) for “Class” substitute “band”;

(iii) after “value”, in both places where the word occurs, insert “, amount or weight”;

(d)

(d) in paragraph (d)—

(i) for “Class” substitute “band”;

(ii) after “value”, in each place where the word occurs, insert “, amount or weight”;

(e)

(e) in paragraph (e), for “Table of Offences” substitute “AGFS Banding Document”;

(f)

(f) in paragraph (f)—

(i) for the first mention of “Class” substitute “band”;

(ii) for “Class D” substitute “band 5.3”;

(g)

(g) for paragraph (g), substitute—

“(g)

“(g) where in a case on indictment a restriction order is made, the offence is to be treated as if it falls within band 1.3, regardless of the band within which the offence would fall within the AGFS Banding Document but for this paragraph.”.

(4) In sub-paragraph (2), for—

(a)

(a) “classification within Class H” substitute “banding within band 17.1”;

(b)

(b) for “Table of Offences” substitute “AGFS Banding Document”;

(c)

(c) “reclassify” substitute “re-band”.

(5) In sub-paragraph (3), for—

(a)

(a) “classification” substitute “banding”;

(b)

(b) “Class H” substitute “band 17.1”;

(c)

(c) “reclassify” substitute “re-band”.

S-9 In paragraph 4 (calculation of graduated fees)— omit “lasting...

9. In paragraph 4 (calculation of graduated fees)—

(a) omit “lasting one to 40 days”;

(b) for the formula to the end of that paragraph, substitute—

where—

GF is the amount of the graduated fee;

BF is the basic fee specified as appropriate to the band of the offence for which the assisted person is tried and the category of trial advocate (see paragraph 5);

D is the number of days or parts of a day on which the advocate attends at court by which the trial exceeds 1 day;

DAF is the fee payable in respect of daily attendance at court for the number of days by which the trial exceeds 1 day, as appropriate to the band of the offence for which the assisted person is tried and the category of trial advocate (see paragraph 5A).”.

S-10 For paragraph 5 (table of fees), substitute— 5 Basic fees For...

10. For paragraph 5 (table of fees), substitute—

S-5

Basic fees

5. For the purposes of paragraph 4, in relation to the offence concerned, the basic fee is the amount set out in the table following this paragraph which corresponds with the band within which that offence falls (as set out in column (1) of the table) and the category of the advocate concerned (as set out in columns (2) to (4) of the table).

(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

£8,500

£12,750

£17,000

1.2

£4,250

£6,375

£8,500

1.3

£2,550

£3,825

£5,100

1.4

£2,125

£3,190

£4,250

2.1

£8,500

£12,750

£17,000

2.2

£2,550

£3,825

£5,100

3.1

£3,500

£5,250

£7,000

3.2

£2,000

£3,000

£4,000

3.3

£1,000

£1,500

£2,000

3.4

£750

£1,125

£1,500

3.5

£600

£900

£1,200

4.1

£2,000

£3,000

£4,000

4.2

£1,400

£2,100

£2,800

4.3

£1,000

£1,500

£2,000

5.1

£1,800

£2,700

£3,600

5.2

£1,400

£2,100

£2,800

5.3

£1,000

£1,500

£2,000

6.1

£8,000

£12,000

£16,000

6.2

£5,000

£7,500

£10,000

6.3

£2,000

£3,000

£4,000

6.4

£750

£1,125

£1,500

6.5

£650

£975

£1,300

7.1

£1,400

£2,100

£2,800

7.2

£800

£1,200

£1,600

7.3

£750

£1,125

£1,500

8.1

£1,200

£1,800

£2,400

9.1

£5,000

£7,500

£10,000

9.2

£4,000

£6,000

£8,000

9.3

£3,000

£4,500

£6,000

9.4

£2,000

£3,000

£4,000

9.5

£1,600

£2,400

£3,200

9.6

£1,200

£1,800

£2,400

9.7

£800

£1,200

£1,600

10.1

£2,200

£3,300

£4,400

11.1

£1,200

£1,800

£2,400

11.2

£675

£1,015

£1,350

12.1

£2,000

£3,000

£4,000

12.2

£1,200

£1,800

£2,400

12.3

£800

£1,200

£1,600

13.1

£1,300

£1,950

£2,600

14.1

£1,500

£2,250

£3,000

15.1

£1,400

£2,100

£2,800

15.2

£750

£1,125

£1,500

15.3

£600

£900

£1,200

16.1

£2,200

£3,300

£4,400

16.2

£1,600

£2,400

£3,200

16.3

£1,000

£1,500

£2,000

17.1

£550

£825

£1,100

S-5A

Daily attendance fees

5A. For the purposes of paragraph 4, in relation to the offence concerned, the daily attendance fee is the amount set out in the table following this paragraph which corresponds with the band within which that offence falls (as set out in column (1) of the table) and the category of the advocate concerned (as set out in columns (2) to (4) of the table).

(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

£575

£865

£1,150

1.2

£575

£865

£1,150

1.3

£575

£865

£1,150

1.4

£575

£865

£1,150

2.1

£575

£865

£1,150

2.2

£575

£865

£1,150

3.1

£500

£750

£1,000

3.2

£500

£750

£1,000

3.3

£500

£750

£1,000

3.4

£500

£750

£1,000

3.5

£325

£490

£650

4.1

£525

£790

£1,050

4.2

£500

£750

£1,000

4.3

£475

£715

£950

5.1

£525

£790

£1,050

5.2

£500

£750

£1,000

5.3

£475

£715

£950

6.1

£525

£790

£1,050

6.2

£500

£750

£1,000

6.3

£400

£600

£800

6.4

£350

£525

£700

6.5

£325

£490

£650

7.1

£500

£750

£1,000

7.2

£450

£675

£900

7.3

£400

£600

£800

8.1

£500

£750

£1,000

9.1

£525

£790

£1,050

9.2

£525

£790

£1,050

9.3

£450

£675

£900

9.4

£450

£675

£900

9.5

£450

£675

£900

9.6

£400

£600

£800

9.7

£350

£525

£700

10.1

£525

£790

£1,050

11.1

£450

£675

£900

11.2

£360

£540

£720

12.1

£500

£750

£1,000

12.2

£500

£750

£1,000

12.3

£500

£750

£1,000

13.1

£500

£750

£1,000

14.1

£550

£825

£1,100

15.1

£500

£750

£1,000

15.2

£400

£600

£800

15.3

£325

£490

£650

16.1

£550

£825

£1,100

16.2

£500

£750

£1,000

16.3

£500

£750

£1,000

17.1

£300

£450

£600”.

S-11 For paragraph 6(2) (scope of Part 3), substitute— 2 This Part...

11. For paragraph 6(2) (scope of Part 3), substitute—

S-2

“2 This Part applies in all cases where the trial is a cracked trial because—

(a) the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT