The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/882 |
| Year | 2015 |
2015No. 882
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015
24thMarch2015
26thMarch2015
5thMay2015
The Lord Chancellor makes these Regulations( 1), 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( 2).
Citation and commencement
1. These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 and come into force on 5th May 2015.
Amendments to the Criminal Legal Aid (Remuneration) Regulations 2013
2.-(1) The Criminal Legal Aid (Remuneration) Regulations 2013( 3) are amended as follows.
(2) In regulation 2(1)( 4) (interpretation)-
(a) at the appropriate places insert-""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;", and""trial advocate" means, unless otherwise provided, an advocate instructed pursuant to a section 16 determination to represent the assisted person at the main hearing in any case;", and
(b) in the definition of "representative", at the end insert "or trial advocate".(3) In each of the following, for "an instructed" substitute "a trial"-
(a) regulation 4(1), (3) and (6) (claims for fees by advocates - Crown Court);(b) regulation 18(2) (interim payments in cases awaiting determination of fees);(c) regulation 21(8)( 5) (hardship payments);(d) regulation 22(2)( 6) (computation of final claim where an interim payment has been made);(e) regulation 23(3) (payment of fees to advocates - Crown Court), and(f) paragraphs 17(4) (fees for special preparation) and 18(4) (fees for wasted preparation) of Schedule 1 (advocates' graduated fee scheme).(4) In each of the following, for "An instructed" substitute "A trial"-
(a) regulation 4(4) and (5);(b) regulation 18(5), and(c) paragraphs 17(5) and 18(5) of Schedule 1.(5) In each of the following, for "instructed" substitute "trial"-
(a) regulation 4(2);(b) regulation 18(3) and (6);(c) regulation 23(1), and(d) paragraph 26 of...To continue reading
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