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 ====== Criminal Bills Assessment Manual ======
-Version Issue date Last review date Owned by
+Version Issue date Last review date Owned by 4 Legal Aid Agency – Service Development\\
-Legal Aid Agency – Service Development
+Criminal Bills Assessment Manual – Version 4– July 2017 2\\
-Criminal Bills Assessment Manual – Version 4– July 2017 2
+Version History\\
-Version History
+Version Date Reason\\
-Version Date Reason
+\\
 25th April 2013
+\\
 Oct 2015 Incorporated changes brought in by Legal Aid Transformation
 Consultation 2013 and changes to Criminal Legal Aid regarding the
 Anti-Social Behaviour, Crime and Policing Act 2014
+\\
 Jan 2016 Post Consultation changes and updated regarding Contempt of Court
+\\
 July 2017 2017 Standard Crime Contract version
 Criminal Bills Assessment Manual – Version 4– July 2017 3
 Contents
@@ Line 81: / Line 80: @@
 Criminal Bills Assessment Manual – Version 4– July 2017 4
-.7 Advice Abroad 34
+.7 Advice Abroad 34\\
-.8 Payment for Police Station Work 34
+.8 Payment for Police Station Work 34\\
-.9 Separate Matters 35
+.9 Separate Matters 35\\
-.10 Police Station Telephone Advice 37
+.10 Police Station Telephone Advice 37\\
-.11 Attendance at the Police Station 37
+.11 Attendance at the Police Station 37\\
-.12 Pre Charge Advocacy Assistance 41
+.12 Pre Charge Advocacy Assistance 41\\
-.13 Escape Fee Cases 42
+.13 Escape Fee Cases 42\\
-.14 Transferring Solicitor 42
+.14 Transferring Solicitor 42\\
-.15 Freestanding Advice and Assistance 43
+.15 Freestanding Advice and Assistance 43\\
-. Proceedings 44
+. Proceedings 44\\
-.1 Definition of Criminal Proceedings 44
+.1 Definition of Criminal Proceedings 44\\
-.2 Advocacy Assistance 44
-.3 Separate Types of Work under a Representation Order 45
+.2 Advocacy Assistance 44\\
-.4 Pre-Order Work 45
-.5 Pre-Order Cover(PROP); Early Cover (PROT) and Means Test Form Completion (PROU) 45
+.3 Separate Types of Work under a Representation Order 45\\
-.6 Series of Offences 46
-.7 Counsel 47
+.4 Pre-Order Work 45\\
-.8 Reviewing a File 52
-.9 Advice on Appeal 52
+.5 Pre-Order Cover(PROP); Early Cover (PROT) and Means Test Form Completion (PROU) 45\\
-.10 Attendance at Police Station to open Master Tape 53
-.11 Attending Client in Custody 53
+.6 Series of Offences 46\\
-.12 Attending Court and Adjournments 54
+.7 Counsel 47\\
+.8 Reviewing a File 52\\
+.9 Advice on Appeal 52\\
+.10 Attendance at Police Station to open Master Tape 53\\
+.11 Attending Client in Custody 53\\
+.12 Attending Court and Adjournments 54\\
 .13 Representation and claiming Contempt in the face of Court Proceedings (Criminal Contempt)
 .15 Representation in proceedings in relation to breach of an injunction under Part 1 of the AntiSocial
 behaviour Crime and Policing Act 2014 (‘ASBCPA’) 55
 .16 Claiming Representations in Proceedings in relation to breach of an injunction under Part 1 of
 the Anti-Social Behaviour Crime and Policing Act 2014 55
 .17 Representation and claiming Civil Contempt of Court matters 56
 .18 Domestic Violence Prevention Notices and Orders 57
 .19 Closure Orders 58
 .20 Virtual Courts 58
 .21 Low Value Theft 59
 . Prior Authority and the Assessment of Disbursements 60
 .1 General 60
 .2 Experts 61
 .3 Defendant Expenses 62
 Criminal Bills Assessment Manual – Version 4– July 2017 5
 .4 Witness Expenses (including Prison Inmates) 63
 .5 Video Evidence of Defence Witnesses 63
 .6 Intermediaries 64
 .7 Enquiry Agents 64
 Interpreters 64
 .8 Translation of Prosecution Documents 65
 .9 Transcription 66
 .10 Purchase of Tapes/Records 66
 .11 Computer Aided Transcripts (LiveNote) 66
 .12 Electronic Presentation of Evidence at Trial (EPE) 67
 .13 In-House Photocopying 68
 .14 Defence Post Mortems 68
 .15 Data Protection Act Searches 69
 .16 Unused Material 69
 .17 Payment on Account 70
 . Applications for the Extension of an Upper Limit 71
 .1 General 71
 .2 General Checks 71
 .3 Detailed Checks 72
 .4 Counsel 72
 . Rates & Payment 73
 .1 Enhanced Rates 73
 .2 Process on Receipt of a Claim for Non-Standard Fees and Escape Fee Cases 74
 .3 Late Claims 75
 .4 Supplementary and Amending Claims 75
 .5 Wasted Costs Orders 76
 .6 Withdrawal of Representation Orders 76
 .7 VAT 77
 . Proceeds of Crime Act 2002 (POCA) 78
 . Funding for Confiscation Proceedings 80
 .1 Confiscation pursued under either The Criminal Justice Act 1988 (CJA) and The Drugs
 Trafficking Act 1994 (DTA) 80
 .2 Confiscation pursued under The Proceeds of Crime Act 2003 (POCA) 81
 .3 Submission of Claims for Crown Court Work 81
 .4 Enforcement Proceedings in the Magistrates’ Court 81
 .5 Submission of Claims for Magistrates Work 81
 . Appeals and Reviews Class of Work 82
 Criminal Bills Assessment Manual – Version 4– July 2017 6
 .1 General 82
 .2 Scope, Previous Advice and Assistance and Matter Start Boundaries 82
 .3 Criminal Cases Review Commission (CCRC) 83
 .4 Representation on an Appeal by way of Case Stated 84
 .5 Appeals against Extradition 84
 . Prison Law 85
 .1 The Scope of Prison law 85
 .2 Pre December 2nd 2013 Cases 85
 .3 Evidence of Means 85
 .5 Sufficient Benefit Test 86
 .6 Sentence Calculation 87
 .7 Disciplinary Cases 87
 .8 Parole Board Cases 88
 .9 Advice and Assistance Fixed Fees 88
 .10 New Matters and Matter Start Boundaries 89
 .11 The Relationship between Advice and Assistance and Advocacy Assistance in Disciplinary and
 Parole Board Matters 89
 .12 Disciplinary Cases – Advocacy Assistance Standard Fees 90
 .13 Parole Board Cases - Advocacy Assistance Standard Fees 90
 .14 Disbursements 91
 .15 Escape Fee Cases and Non-Standard Fees 91
 .16 Judicial Review 92
 . Associated Civil Legal Aid 93
 .1 Legal Help and Legal Representation – Judicial Review or Habeas Corpus 93
 .2 Legal Help and Legal Representation – Proceeds of Crime Act 2002 93
 .3 Legal Help and Legal Representation in relation to proceedings sought in respect of alleged antisocial
 behaviour under part 1 Section 1 of ASBCPA 2014 95
 . SOCPA Agreements and Criminal Legal Aid funding 96
 Annex A: Funding for Prescribed Proceedings 98
 Annex B: Financial Eligibility 102
 Criminal Bills Assessment Manual – Version 4– July 2017 7
 . Introduction
 . The guidance contained in this document applies to the assessment of bills in criminal matters
 and cases (other than in the Crown Court) governed by the 2017 Standard Crime Contract (SCC). If
 there are any inconsistencies between this document and the SCC, then the SCC will take precedence
 over this guidance.
 . Separate guidance has been published by the Legal Aid Agency (LAA) relating to the Litigator
 Graduated Fee Scheme (LGFS), the Advocates Graduated Fee Scheme (AGFS), and Criminal Very
@@ Line 198: / Line 291: @@
 intentional differences between funding scheme guidance. Where such differences occur, the separate
 guidance applicable to a particular fee scheme will take precedence over this guidance.
 . Providers undertaking work governed by the SCC are required to keep a detailed record of the
 work done and costs incurred on each file. This document sets out the LAA’s approach to assessing
@@ Line 203: / Line 297: @@
 claims. It will also be used by Contract Managers and Operational Assurance staff undertaking file
 reviews and Contract Compliance Audits.
 . The Criminal Legal Aid (General) Regulations 2013, the Legal Aid Sentencing and Punishment of
 Offenders Act 2012 and the SCC should be consulted for an understanding of the scope of Criminal
@@ Line 210: / Line 305: @@
 http://www.legislation.gov.uk/
 https://www.gov.uk/government/publications/standard-crime-contract-2017
 . This guidance does not cover the rules and processes for reporting cases to the LAA and
 separate guidance on the LAA online system, which must be used to claim cases under the SCC, is
 available at the following link:
 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415165/reporting-crimelower-work-guidance.pdf
 . The key Representative Bodies have been consulted on the content of this manual and will be
 consulted each time it is changed. This manual will be reviewed and updated as developments require.
 . Throughout this guidance there are a number of references to the National Taxation Team’s
 ‘Compendium’, which contains useful case law on criminal costs which may not be reported elsewhere.
@@ Line 221: / Line 319: @@
 are to be treated as highly persuasive. Extracts from the Compendium are referred to in the text of this
 manual where appropriate.
 . References are also made to previous Points of Principle of General Importance (PoP). PoP
 decisions add clarity or interpret the rules for assessing a claim for costs and once certified are binding
@@ Line 226: / Line 325: @@
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 Any mention relevant to the PoPs in the guidance will be referenced as “CRIMLA” or “DS”.
 . Unless otherwise specified any references to Regulations in the main text means:
 Criminal Bills Assessment Manual – Version 4– July 2017 8
@@ Line 233: / Line 333: @@
 iv) Criminal Legal Aid (Determination by a Court and Choice of Representative)
 Regulations 2013
 . Any references to Quality Standards means the Specialist Quality Mark (SQM) or Lexcel.
 Useful addresses:
@@ Line 260: / Line 361: @@
 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/592291/guide-allowancesunder-part-v-costs-criminal-cases-general-september-2016.doc
 Criminal Bills Assessment Manual – Version 4– July 2017 9
 . Basic principles
 .1 General Requirements
 . The basis on which all cost assessments are undertaken is defined at 8.30 to 8.36 of the SCC
 Specification.
 . All the relevant circumstances of the case including the nature, importance, complexity or
 difficulty of the work and time involved are considered and a reasonable amount is allowed for all work
 actually and reasonably done.
 . In accordance with 5.6, of the SCC Specification, time should be recorded in 6 minute units.
 . The onus is on the Provider to provide evidence on file that the work was reasonably done. For
 each item of work claimed the time spent must be supported by appropriate evidence on file by way of
 an attendance note or evidence of documentation drafted or perused. Please refer to 8.33, of the SCC
 Specification.
 . Standardised attendance notes, without any confirmation or reference to specific instructions
 obtained from or advice given to the client, should not be deemed as satisfactory evidence of the
 reasonableness of the work done for any but the briefest of attendances.
 . All records of work done should be timed and dated. If they are not, the claim may still be allowed
 if alternative evidence exists on file showing the date on which the work was done.
 . At the time of audit, Providers must demonstrate that contract work is undertaken in accordance
 with the terms of the SCC (Standard Terms, 7.9). Consideration should be given to the most efficient
@@ Line 283: / Line 393: @@
 specific individuals (e.g. accredited representatives, designated fee earners or solicitors), consideration
 should be given to identifying those individuals on attendance notes or pro forma documents.
 . Where the attendance note does not justify the time spent, or there is no other evidence on file,
 the claim may either be reduced or disallowed.
 . Individual attendance notes should be carefully considered but it is also important to look at the
 total time claimed for advising on particular issues and on the total time expended on the case as a
 whole. Justification should be evident for any step that is unusual or takes a significant amount of time.
 . Payment will not be made for time spent on purely administrative matters and office overheads
 (i.e. the costs of running the Provider). Work undertaken by fee-earning staff is not automatically
 considered fee-earning work for this purpose. See Section 3 (below) for further details of administrative
 work and refer to 5.54 to 5.56, of the SCC Specification for more details of non-chargeable work.
 . Handwritten notes are acceptable provided the Assessor can clearly see what they relate to.
 There is no requirement that attendance notes should be typed up.
 . A solicitor is not entitled to be paid for preparing, checking or signing a claim for costs. (R -vSandhu
 - The Taxing Compendium):
@@ Line 300: / Line 415: @@
 not possibly fall within this definition of legal aid… no such allowance is permissible. The item was rightly
 disallowed by the determining officer.”
 . A Provider may not make a claim for costs from the LAA that have been incurred due to an error
 on their part. For example, a letter sent to the client to address an earlier error or omission could not be
 claimed or the costs of the production of a second Representation Order if the original has been lost by
 the Provider. Please refer to 5.59, of the SCC Specification.
 .2 Definition of a Fee-Earner
 . Other than work undertaken by an agent or counsel it is only possible to pay for work done by a
 fee-earner under the SCC. This means a solicitor, a legal executive, a clerk or any other person who
@@ Line 311: / Line 429: @@
 may work on the same case and the Assessor should ensure that, where this occurs, there is no
 unnecessary duplication of work. Please also refer to 4.52, of the SCC Specification.
 . In accordance with 2.36, of the SCC Specification, it would not be expected for a non-designated
 fee earner to undertake more than 3 hours work a month.
 . In accordance with 2.39, of the SCC Specification, 80% of instances of Police Station Advice and
 Assistance Matters, and 50% of Advocacy Assistance Matters in the Magistrate’s Court should be
 undertaken by Designated Fee Earners.
 . An employee of a Provider may act partly as a fee-earner and partly in another capacity. The test
 is whether it would be appropriate to directly charge the client for the fee-earning part of the work (R -vDuxbury
@@ Line 323: / Line 444: @@
 purpose of the Regulations. It was a question of fact to be determined in each case whether the
 individual concerned was a fee-earner.”
 . A fee-earner does not necessarily have to be a full-time employee, as set out in the PoP CRIMLA
 , see:
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 .3 The Role of an Assessor
 . Under the Legal Aid, Sentencing and Punishment of Offenders Act 2013, the Director of Legal
 Aid Casework is the appropriate authority to determine a claim for costs relating to contract work. In
 practice, the assessment of costs is delegated to LAA staff.
 . In this manual, the term “Assessor” is used instead of “determining officer”. The role of an
 Assessor is to allow such work/time which appears to have been reasonably done by a fee-earner in
 relation to each type of work specified in the Contract and Regulations and to allow such disbursements
 as appear to have been reasonably incurred.
 . An Assessor should not be required to “second guess” what a fee-earner has done as this should
 be evident from the file.
 Criminal Bills Assessment Manual – Version 4– July 2017 11
 .4 Exercise of Discretion and the Reasonableness Test
 . In accordance with 5.7 of the SCC Specification, an Assessor must determine whether the work
 appears to have been reasonably done and whether the time claimed is reasonable. “Reasonable”
@@ Line 343: / Line 469: @@
 PoP CRIMLA 38 see:
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 . Determining reasonableness will involve, in general terms, taking into account all the relevant
 circumstances of the case including; the nature, importance, complexity or difficulty of the work, the time
@@ Line 352: / Line 479: @@
 amount or which is unreasonably incurred. In short, whenever it is too high, he must tax down. Otherwise
 the legal aid system could be much abused by solicitors and counsel.” (Per Lord Denning MR)
 . As well as assessing individual items of work the Assessor is entitled to look at the claim as a
 whole. The Assessor should initially undertake a per item assessment and then consider the
@@ Line 360: / Line 488: @@
 dispatch must be required while making proper allowance for matters such as a difficult client and the
 dangers of hindsight in the unpredictable field of litigation.” (Per Henry LJ)
 . The assessing officer should not apply the benefit of hindsight. The claim should be assessed
 with reference to the information that was reasonably available to the solicitor at the time. In the civil
@@ Line 366: / Line 495: @@
 determining officer is that of a sensible solicitor sitting in his chair and considering what in the light of his
 then knowledge is reasonable in the interests of his lay client.” (Per Sachs, J)
 . An Assessor must have regard to CLA56 and may only depart form a Provider’s use of delegated
 functions where the Provider’s decision was ‘manifestly unreasonable’ i.e. where the use of delegated
@@ Line 378: / Line 508: @@
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 Criminal Bills Assessment Manual – Version 4– July 2017 12
 . Guidance for all Assessments
 .1 Administrative Work and Overheads
 . Subject to any express exceptions, payment will not be made for time spent on purely
 administrative matters (5.54, of the SCC Specification). Thus, office overheads are not recoverable
 under the SCC. Overheads include, but are not limited to: the cost of maintaining premises, taxes,
 postage, stationery, typing, faxing, and telephone bills.
 . In deciding whether fee-earning work is administrative, consideration should be given to the work
 that was actually undertaken and not just the person doing the work. The test for fee-earning work is
 whether it goes directly to the provision of contracted legal services to the client.
 . The cost of undertaking all but exceptional quantities of photocopying in-house is regarded as an
 overhead expense (see Section 7).
 . Pursuant to 5.55, of the SCC Specification, the Assessor may not allow payment for preparing,
 checking, or signing a claim for costs. The cost of opening and setting up files, and maintaining time
 costing records are all administrative costs.
 . Courier fees are also excluded unless it is necessary to use a courier to deliver documents as a
 matter of urgency and the urgency has not been created by delay on the part of the solicitor.
 .2 Attendances
 . Where there have been several attendances on the client, consideration should be given as to
 whether the later attendances dealt with issues which could have been raised at an earlier stage or dealt
@@ Line 409: / Line 548: @@
 determining officer to be astute to seek ways of snipping of,' small amounts of time here and there in a
 bill of costs.”
 . The frequency and length of the attendances should be justified on file and should relate to all the
 circumstances apparent from the file.
 . If lengthy attendances are claimed, these should be capable of substantiation by reference to
 statements taken from the defendant and/or witnesses or a full file note.
 Criminal Bills Assessment Manual – Version 4– July 2017 13
 . The solicitor may need to see persons other than the defendant, e.g. witnesses (whether as to
 fact or character) and also perhaps the prosecution, social services, or probation service. National
@@ Line 419: / Line 561: @@
 procedure. Work undertaken attending on a defence witness to explain those procedures should
 generally be allowed, provided the time spent is reasonable.
 . For any attendance claimed over two units (12 minutes) in length, the Assessor should expect to
 see some detail showing the instructions taken, or the advice given, or how the case was progressed.
@@ Line 432: / Line 575: @@
 d) Details of the papers considered such as the pages read or summary of the context.
 Child Defendants
 . When representing children i.e. those under 18, it could be necessary for the solicitor to spend
 some time in attending and advising parents, guardians or other relatives. The Assessor should consider
 the age and capacity of the client and allow such time as is reasonable.
 . The Assessor should, however, ensure that time has not been claimed in respect of
 unreasonable attendances on parents or other relatives. The Assessor should be satisfied that the
 attendance in question has materially progressed the case.
 .3 Preparation of Documents
 . When claiming for the preparation of documents, an attendance note should show the time spent
 in preparation of that particular document (e.g. a statement or long letter) and should normally be
 evidenced by the existence of that document or a copy on the file. The length or nature of the document
 should justify the time claimed in its preparation.
 . The length and content of any statements taken from a defendant and/or witnesses should be
 considered, particularly if lengthy attendances are claimed. As a guide, it will normally take
@@ Line 455: / Line 603: @@
 the case itself may be complex. The solicitor should justify why additional time was spent as part of the
 claim.
 . Time spent in dictation of attendance notes, proofs, briefs, etc. should be allowed as preparation,
 provided that it is reasonable. Proof reading to check accuracy of documents may be allowed as
@@ Line 476: / Line 625: @@
 solicitor may also need to spend some time linking the content of witness statements to the visual
 recording.
 . In complex cases, the volume of served evidence can be extensive. If the documents show a
 clear prima facie case, then the amount of time required to consider the remaining evidence may be very
@@ Line 482: / Line 632: @@
 the amount of time spent by the solicitor on preparation. More detailed justifications are more likely to be
 required in larger cases which are more complex.
 . It is important to look at the case as a whole, and to take into account all the available information
 including the number and nature of the charge(s), the defendant's plea, the facts available about the
 incident resulting in the charge, and to consider the relevance of any time spent by the conducting
 solicitor in providing advice at the police station.
 . When evaluating the amount of time spent preparing a case, account should be taken of the
 number of documents a solicitor has had to peruse, including the committal file and/or papers received
@@ Line 491: / Line 643: @@
 on the claim form when claiming a non-Standard Fee. The complexity of a case should not be
 determined according to the volume of documents alone, but this is a relevant factor.
 . To refuse to allow a solicitor to read all the witness statements contained in the Advanced
 Information would be unreasonable as it would not enable the solicitor to obtain an overview of the whole
 case. This may be invaluable later in terms of subsequent cost savings and it would question the
 solicitor’s judgement in a way that could be regarded as prejudicial to the judicial process.
 . There is a difference between reading and considering documents, such as the Advanced
 Information for the purpose of advising on plea, and detailed consideration of documents by way of
@@ Line 501: / Line 655: @@
 and documents of greater complexity may take longer either to read and comprehend, or to compare
 with other documents, e.g. an expert’s report.
 . If a defendant clearly intends to plead guilty, less detailed consideration of documents will
 generally be needed than where the case is contested. In a contested matter the solicitor will need to
 consider all the papers prior to the substantive hearing.
 Criminal Bills Assessment Manual – Version 4– July 2017 15
 . A solicitor may be entitled to claim as part of preparation work time spent in correcting
 prosecuting papers, although it would be unusual to do so. Reference should be made to the PoP
 CRIMLA 16 see:
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 .4 Legal Research
 . A solicitor who undertakes criminal work is expected to be able to deal with everyday criminal
 cases without the need to do a great deal of legal research. 5.56, of the SCC Specification provides that
@@ Line 519: / Line 677: @@
 There would have to be some particular justification e.g. there has been a recent change in the law that
 may affect the file and the matter has to be considered for that reason.
 . Time spent in researching a novel, developing or unusual point of law or the implications of new
 legislation may be allowed Perry and Alexander -v- The Lord Chancellor [1994] - The Taxing
@@ Line 524: / Line 683: @@
 “We are in no doubt that this was a case where Counsel was entitled to spend time both in getting up the
 law and then applying it to the circumstances of the case.”
 . There should be something in the particular case that raises it above the norm in order to justify
 legal research. Where such a claim is made, the Assessor would expect to see evidence of the research
@@ Line 570: / Line 730: @@
 However, the time spent by the other fee-earner is not allowable. The justification for the claim should be
 recorded on the attendance note if not readily apparent.
 .6 Solicitor Agents and Solicitor Advocates
 Solicitor Agents
 . In accordance with 4.11 to 4.15, of the SCC Specification, it may be appropriate in certain
 circumstances to instruct an agent, counsel, or other approved third party.
 . Where a solicitor is instructed by a client at some distance from his or her office, he or she should
 consider whether or not it would be more appropriate to instruct a solicitor agent to represent the client.
@@ Line 579: / Line 743: @@
 proper to decline instructions if a non-local solicitor considers that the costs incurred could not be wholly
 recovered under the contract R -v- Goodwin - The Taxing Compendium:
 “The solicitors appealed against the amount allowed for travelling and waiting time and expenses, their
 practice being based about a hundred miles from the defendant's home and the local court where the
@@ Line 584: / Line 749: @@
 on the basis of what should reasonably have been allowed to a local solicitor.”
 To that extent the client’s choice of solicitor is limited by reasonableness.
 . If a solicitor agent is used, the agent's profit costs may not be claimed as a disbursement and
 must be included within the solicitor's profit costs claim.
 . Where a non-Standard Fee is claimed, the use of a solicitor agent should be shown in the
 schedule of time spent on the claim form. The time spent by the agent should be incorporated into the
@@ Line 591: / Line 758: @@
 between the parties and need not be based on prescribed hourly rates.
 Criminal Bills Assessment Manual – Version 4– July 2017 17
 . Travel and waiting may only be claimed in respect of Undesignated Standard and non-Standard
 Fees. No travel or waiting may be claimed in respect of Designated Standard Fees or Designated nonStandard
 Fees.
 . Where the Assessor decides that local agents should have been used to save time and expense,
 a notional assessment should be undertaken. Reference should be made to the PoP CRIMLA 21 see:
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 In-House Advocates
 . Some solicitors have obtained higher court advocacy rights in criminal proceedings which mean
 that they have a right of audience in any court in the same way as barristers. Pursuant to the definition
@@ Line 604: / Line 775: @@
 employed in-house (an in-house advocate) will be treated as a solicitor for the purposes of remuneration
 in the Magistrates Court.
 . Where an in-house advocate appears in the Magistrates’ Court as an Assigned Counsel he or
 she will be entitled to claim advocacy rates in accordance with the rates set out in the Criminal Legal Aid
@@ Line 610: / Line 782: @@
 rates. Preparation for a hearing should be claimed at the hourly preparation rate set out in the Criminal
 Legal Aid (Remuneration) Regulations 2013.
 . Subject to the exception in para 10 below, and when acting as an Assigned Counsel, in-house
 advocate’s fees should be claimed as profit costs.
 . When an in-house advocate (from a different Provider) provides an opinion (like counsel), as per
 .16-4.19 of the SCC Specification, that solicitor’s charges should be included as a disbursement in the
 instructing solicitor’s bill. This recognises that the solicitor with higher court advocacy rights is providing
 the same service as a barrister.
 . If an in-house advocate acts as on behalf of his or her own Provider or is instructed as an
 advocate on behalf of another Provider when higher court advocacy rights are not required, his or her
@@ Line 622: / Line 797: @@
 required his or her charges may be included as a disbursement in the instructing solicitor’s bill in the
 same way as a barrister’s would be.
 . Payment should be claimed at the relevant “preparation rate”. If the payment is properly claimed
 as a disbursement the appropriate hourly rate depends upon the rate which the in-house advocate
 providing the opinion is entitled to charge. It does not depend upon the rate that the conducting solicitor
 is entitled to charge.
 . Where work done by an in-house advocate is claimable as a disbursement, it should be shown
 as such on their claim for payment and any claim for payment on account. In each case, a copy of the
@@ Line 632: / Line 809: @@
 to be properly assessed.
 Criminal Bills Assessment Manual – Version 4– July 2017 18
 .7 Reviewing Interview Records
 . Listening to or watching a recording of the interview is often vital to the proper preparation of the
 client’s defence and particularly important where the client intends to contest the charge or is unsure
 about plea.
 . It is reasonable in principle for solicitors to listen/watch recordings of police interviews where the
 client cannot confirm that the police summary is correct provided that the justification for doing so is
 properly evidenced on file.
 . Previous guidance issued by the Ministry of Justice on how to deal with claims for listening to
 tapes applies here. This is as follows -
@@ Line 660: / Line 841: @@
 where counsel has been instructed by his solicitor to listen then it would be unreasonable to disallow
 counsel’s claim for doing so.”
 . If the Provider conducting criminal proceedings also attended the police interview(s) or delegated
 this to a freelance agent, then any written summary of the interview(s) should be referred to the feeearner
@@ Line 665: / Line 847: @@
 allowing payment for listening/watching, Assessors will expect to see a brief note on file confirming the
 view of the police station adviser as to whether the written summary is accurate or adequate.
 . If a fee-earner decides to listen/watch a record any note produced as a result of this should
 highlight the relevant passages using real recording times. This will assist the advocate at any
@@ Line 670: / Line 853: @@
 preparation for a trial hearing. If the advocate decides to review the full record then further brief
 justification must be provided as to the reasons why.
 . Where a recording is reviewed on the basis that the summary or record was materially disputed
 and the resolution of the dispute was relevant to the conduct of the defence, then it would be reasonable
@@ Line 678: / Line 862: @@
 tape. However, if the client is unsure about the summary, then it may be reasonable for the solicitor to
 listen/watch the tape, provided that the reason for doing so is justified in an attendance note.
 . The length of the record is a starting point for the assessment of what is reasonable but it will not
 always be necessary for the solicitor to review the whole record (rather than just to the material part) nor
 would it be reasonable to assume that the record was played through without interruption (i.e. more than
 the running time of the record may be allowed).
 . Where a non-Standard Fee is claimed, the solicitor should confirm on the claim form the total
 time spent watching or listening to recorded evidence.
 . It may be appropriate for a solicitor to review a “no comment” interview to identify the questions
 which may cause an adverse inference to be drawn. A solicitor may also review a tape to ensure that an
@@ Line 689: / Line 876: @@
 that the solicitor is aware of any situational pressures, the client’s vulnerabilities, and the conduct of the
 investigating officer and others involved in questioning the client.
 .8 Correspondence
 General
 . Routine letters written and routine telephone calls are paid at the routine rate set out in the
 Criminal Legal Aid (Remuneration) Regulations 2013. Payment for each of these is on a per item basis
 in accordance with the SCC.
 . Not every telephone call or letter claimed should automatically be allowed. The assessing officer
 must make a decision whether it was reasonable to make the call or write the letter and give reasons for
 any that are disallowed.
 . Letters sent or telephone calls made to correct an error made by the solicitor or to obtain
 information which could reasonably have been obtained at an earlier interview (in the light of the
@@ Line 704: / Line 895: @@
 that the work was in any event reasonably required. The Assessor must be careful not to apply the
 benefit of hindsight.
 . Where a solicitor telephones/writes to their client reminding the client of an impending court
 appearance, the solicitor may claim the standard rate for the telephone call or letter. This reminder
@@ Line 731: / Line 923: @@
 letter containing an expert’s report, then the actual time spent considering the letter may be charged as
 preparation, provided that it is reasonable.
 . Where a letter is produced to a standard format then the presumption would be that the routine
 letter rate should be claimed for that letter. Where a routine letter is adapted to include content that is
 particular to the client’s case and materially progresses the case, the time involved in drafting that part of
 the letter may be allowed as preparation, provided that it exceeds the time threshold set out above.
 . Letters are subject to the reasonableness test in the usual way and where a number of separate
 letters are produced to deal with matters which could reasonably, conveniently and appropriately have
@@ Line 744: / Line 938: @@
 may be allowed in circumstances where it is reasonable and necessary to send separate letters (e.g. a
 case involving a child where copy letters are sent to the child’s parent or guardian).
 . The solicitor may, if they consider it appropriate, write to the client after each court appearance,
 giving details of the decision of the court and the client's next appearance before the court. The solicitor
@@ Line 751: / Line 946: @@
 case. Reference should be made to the PoP CRIMLA 2 see:
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 . It will not usually be reasonable to allow a claim for a letter written by a secretary or other nonfee-earner
 without any specific action by the fee-earner, unless it can be construed as fee-earner work
@@ Line 756: / Line 952: @@
 example of a letter that would not require fee-earner work would be the sending of a cheque to an
 expert.
 . It is good practice to provide covering letters when sending out documents. Sending the
 document alone may be insufficient explanation to the recipient and retaining only the document on file is
@@ Line 761: / Line 958: @@
 Telephone Calls
 Criminal Bills Assessment Manual – Version 4– July 2017 21
 . If a telephone call is claimed as non-routine attendance, and at preparation rates, a proper record
 of its content should be provided to justify this claim. The Assessor should consider whether the call was
@@ Line 766: / Line 964: @@
 call satisfying these criteria and lasting over 12 minutes in length would be likely to justify a claim for
 preparation. Any call claimed as preparation must not be simultaneously claimed as a routine item.
 . The Assessor should look at the work done rather than the role of the person conducting it.
 Chargeable, fee-earning, work is work for which it is appropriate to make a direct charge to a client.
@@ Line 771: / Line 970: @@
 overheads. Administrative telephone calls are generally calls to arrange appointments or other calls that
 have no legal content.
 . No allowance can be made for non-effective or abortive telephone calls i.e. where the line was
 engaged or the telephone is not answered or a mobile phone is switched off. R -v- Hudson - The Taxing
@@ Line 777: / Line 977: @@
 not seem to justify the disallowance of any routine letter written, or any routine telephone call, other than
 abortive calls which the last sentence expressly excludes.”
 . Where a message is left (even if a voicemail) the routine rate should be allowed provided this
 constitutes an attempt to progress the case.
 E-mails
 . Where an e-mail is sent instead of a letter then it can be allowed as a letter on normal principles.
 A printout of the e-mail must be kept on file. No separate claim can be made for sending a hard copy as
 no extra preparation time is involved. Evidence of all e-mail communication should be retained on file.
 . As with the above paragraph 9, an email of substantial length may be claimed at the preparation
 rate, if it is reasonable.
 . Internal e-mail communication within a Provider should be treated as an overhead, except where
 it forms part of case preparation e.g. sending a note for advocate via e-mail. Routine e-mails received
@@ Line 790: / Line 994: @@
 more than one recipient, i.e. only one item may be claimed for.
 Text Messages
 . If a text message is sent instead of making a routine telephone call, the text may be claimed as a
 routine call, provided that the reason for using text instead of the telephone is justified on file and the
@@ Line 795: / Line 1000: @@
 routine letter or call.
 Faxes
 . Where a letter is sent by fax or attached to an email then it is claimable on normal principles.
 However, no separate claim can be made for the subsequent hard copy of the letter as there has been
 no extra preparation time involved. Time spent sending a fax (as opposed to preparing the content of the
 letter) is administrative work and not claimable.
 .9 Travel and Waiting
 General
-Criminal Bills Assessment Manual – Version 4– July 2017 22
 . Travel or waiting cannot be claimed separately if the case is undertaken in a designated area
 (10.85, of the SCC Specification).
 . Police Station Fixed Fees usually include an element of travel and waiting as part of the fees.
 Travel and waiting time would therefore only be remunerated separate to the fee in exceptional claims.
 . Where a solicitor deals with more than one case on the same day, travelling and waiting time and
 travel disbursements should be apportioned appropriately between each case provided that there is no
@@ Line 811: / Line 1022: @@
 then the solicitor should note the apportionment of costs on the file and the non-Standard Fee claim form
 where applicable.
 Travel
 . Whenever travel time is incurred, the Assessor should consider whether it was reasonable for the
 journey to be made and whether the time claimed for that journey is reasonable. There is an expectation
 that the solicitor will use the most economical mode of transport possible whilst taking into consideration
 the practical considerations of the case. R- v -Slessor – The Compendium
 “(a) prima facie the amount to be allowed is the cost of the time expended on and the expenses incurred
 in making the journey by public transport, provided that public transport is available and is reasonably
 convenient, having regard to the relevant circumstances in each case;”
 . Both the costs of the disbursement, and the time taken at the profit cost travel rate, should be
 taken into consideration. Where applicable, and travel time is claimable, both elements need to be borne
@@ Line 824: / Line 1040: @@
 the fund of the former might be greater in the particular circumstances if one adds in the extra time the
 journey will take at the hourly travelling time rate.
 . First class travel may be claimed, but only where it is explicitly proven to be the most economical
 fare available at the time and the appropriate evidence is retained on file.
 . The contract does not prevent the solicitor from travelling to attend on counsel, experts,
 witnesses or site inspections where it is appropriate to do so. The contract is primarily concerned with
@@ Line 832: / Line 1050: @@
 could be referred to a more local contractor. It is unlikely to be reasonable for a Provider to claim for
 travel for more than one hour each way.
 . However, it may be reasonable to accept instructions from a more distant client where:
 a) There is no other more local contractor available.
 b) The client’s problem is so specialised that, in the solicitor’s reasonable view, there is no
 more local contractor with the expertise to deal with the case.
 c) The solicitor has significant previous knowledge of the case or dealings with the client in
 relation to the issues raised by the case so as to justify renewed involvement even though
 the client is at a distance.
 d) The local court or the remand centre where the client is located is more than one hour’s
 travelling time away.
 . The greater the distance the greater the justification which will be required.
-Criminal Bills Assessment Manual – Version 4– July 2017 23
 . The reason for accepting instructions and or making the journey when the client is at a distance
 should be noted and kept on the file.
 . The amount allowed in respect of reasonable travel should reflect the full cost and time spent on
 each journey. Reference should be made to the PoP CRIMLA 33 see:
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 . Local travel expenses should not be claimed if the solicitor’s office is within walking distance of
 the court. A solicitor is not entitled to claim the cost of travelling from home to the office. R- v- Slessor –
 The Compendium
 “(b) a solicitor is not entitled to claim the cost of the time spent or cost incurred in travelling to his office
 from his home; the journey should be deemed to start from the solicitor's office, unless he in fact started
 from his home and that was nearer to the court than his office;”
 . Providers are not entitled to claim the time or costs for travelling between the Provider’s offices
 unless justified for example if the witness or client requested a meeting nearer to them due to mobility
 problems. The maximum fee principle will be applied to any claim where staff have travelled from a nonlocal
 office or where non-employed fee earner have been used, such as an agent or representative.
 . It would generally be expected for the client to attend the solicitor’s office. A solicitor’s claim for
 travelling to attend the client may be allowed only where there is a particular reason for do so and a
@@ Line 865: / Line 1097: @@
 telephone. Where it is deemed that an unnecessary number of journeys are made then the travel
 claimed may be disallowed.
 . 9.102, of the SCC Specification confirms that the Provider must not claim more than 45 minutes
 travel time each way on a Police Station exceptional claim.
 . Furthermore 12.35 of the SCC Specification confirms that the Provider must not claim more than
 one hour each way on a Prison Law Escape Fee Case. The only exception to this is when a client is
 moved Prison and the case has already reached the Escape Fee Threshold. In these circumstances a
 Provider may claim up to three hours travel either way (12.36-12.37 of the SCC Specification).
 . Assessors should note that on occasions a fee-earner may have to travel with bulky case papers
 and reference books. There is also a security and confidentiality issue in that solicitors must keep the
@@ Line 876: / Line 1111: @@
 circumstances it may not be reasonable to expect a solicitor to use public transport. The onus is on the
 solicitor to provide relevant justification on file.
 . The mileage rate outlined at Part 5.48, of the SCC Specification should only be paid where the
 use of a private motor vehicle was necessary (for example, because no public transport was available),
@@ Line 882: / Line 1118: @@
 the use of a private motor vehicle was otherwise reasonable (for example, where a fee earner needs to
 carry a large number of sensitive documents).
 . The Mileage rate for the use of a bicycle is 20p per mile.
 . In instances where there is no justification for the use of a private motor vehicle, the cost of public
 transportation, or a notional public transport mileage rate (25p) may be applied. The public transport rate
-Criminal Bills Assessment Manual – Version 4– July 2017 24
 is a rate per mile calculated to be equivalent to the average cost of public transport. R- v- Slessor – The
 Compendium
 “(e) if the journey is one which could have been made by public transport, but is accomplished by motor
 car purely as a matter of preference, then the allowance to be made for travelling time should be the
@@ Line 893: / Line 1132: @@
 the less: expenses should be calculated on the basis of the "public transport" mileage rate (that rate is
 calculated by reference to the average cost of public transport per mile)…”
 “(f) if public transport is not available or not reasonably convenient, the actual time spent in travelling
 should be allowed and the expenses should be calculated on the basis of the standard mileage rate…”
 “(g) what may be "not reasonably convenient" is a matter of discretion, dependent upon the relevant
 circumstances of each case, and what is reasonably convenient in one set of circumstances may not be
@@ Line 901: / Line 1142: @@
 may be justified - the Taxing Master urged determining officers to adopt a flexible and broad approach to
 the problem.”
 “Per curiam: so far as expenses only are concerned these rules apply equally to members of the Bar in
 cases in which it is appropriate to include an element for expenses in the fees allowed, but no allowance
 for the cost of time spent in travelling is made to them.”
 . The Assessor should allow what is reasonable in the circumstances, bearing in mind that the
 most economical fare might not always be appropriate. It would be usual to expect alternative quotes to
 be sought to identify the most competitive route.
 . Invoices/receipts should always be produced in support of claims for travel expenses. Where
 travel disbursements are claimed, a dated breakdown must be provided in support. Claims for up to £20
@@ Line 912: / Line 1156: @@
 on file. All expenses of £20 or more (excluding mileage) must be substantiated by the relevant
 disbursement voucher or an explanation why it is not available on the file.
 . If prior authority has been obtained to cover the expense, then the voucher and a copy of the
 authority must be available but there is no need to justify why the expense was incurred, unless the
 amount exceeds the prior authority given.
 . The ticket and/or an internet print out for the journey undertaken should be provided alongside
 the evidence that the fee for the journey has been paid. The onus is on the Provider to ensure that clear
@@ Line 920: / Line 1166: @@
 evidence should refer to the particular journey, the date of the journey, the class of fare, the price of the
 disbursement, and the case concerned.
 . The cost of travel by air may only be allowed if there is no reasonable alternative and the class of
 fare is reasonable in all the circumstances, or if air travel is more economical taking into account the time
@@ Line 926: / Line 1173: @@
 transport should be allowed.
 Waiting
 . A solicitor may have very little control over the amount of time spent waiting at court for the case
 to be called. The Assessor should only disallow this element of a claim if it appears excessive i.e. in
@@ Line 931: / Line 1179: @@
 excess of 20 units (2 hours) as a rough guide. A note must be included on the file to outline why any
 excessive waiting time has been claimed.
 . A solicitor cannot claim as waiting time the period spent at court over the luncheon adjournment
 R -v- Varney - The Taxing Compendium –
@@ Line 937: / Line 1186: @@
 conferences with counsel, it should not be treated as time during which a solicitor would expect to be
 working and for which he would make a charge to his client.”
 . This time may be used to undertake preparation work which may be remunerated according to
 the usual principles i.e. reasonableness.
 . If the solicitor attends on the client or counsel during waiting time then this should be claimed as
 attendance and care should be exercised to ensure that there is no double claiming. It would not be
 reasonable for a solicitor to claim waiting time, plus a separate attendance.
 . Courts may “double list” trial hearings to ensure that court time is used efficiently. If a case is
 “stood out” at the last minute due to a re-listing, the waiting time incurred should normally be allowed as
 the solicitor is not responsible for the double listing.
 Overnight Expenses
 . The cost of overnight accommodation should only be allowed if the Assessor is satisfied that an
 attendance at a distance is justified and that the need for an overnight stay is justified. Even if it is
@@ Line 951: / Line 1204: @@
 at some stage in the case. Reference should be made to the PoP CRIMLA 31 see:
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 . Where overnight expenditure can be reasonably justified (with receipts), taking into consideration
 all circumstances of the case, the following/rates will apply:
@@ Line 963: / Line 1217: @@
 Overnight (other than at a hotel) Up to £25 per night
 Congestion Charging and Toll Roads
 . Where a solicitor’s usual daily commute triggers the Congestions Charge that charge should not
 be claimed on work done in relation to a case.
 . A fee-earner who has driven into the zone (who does not normally do so) within charging hours
 and specifically for the purposes of a case may claim for the Congestion Charge. Whenever the charge
 is incurred it is subject to reasonableness.
 . Fee–earners based at a solicitor’s office outside the charging zone may claim the congestion
 charge as a disbursement, subject to the considerations outlined below as to its reasonableness.
-Criminal Bills Assessment Manual – Version 4– July 2017 26
 . The additional cost of the Congestion Charge should be considered when deciding the
 reasonableness of travel by car. As public transport is widely available within the zone, it is the solicitor's
@@ Line 976: / Line 1233: @@
 evidence on the file in order to justify the use of private transport, the notional public transport mileage
 rate or the cost of public transport will apply.
 . If a solicitor undertakes a journey including a toll road, this may be deemed a reasonable
 disbursement. Evidence should be included on the file in order to justify why this was the most
 economical route.
 . Since there is no charge for additional travel on the same day, the charge should be claimed as a
 disbursement if it has been triggered only as a result of the work on the particular case, and would not
@@ Line 985: / Line 1244: @@
 necessary to apportion the charge between clients as it will be triggered by the first incidence of travel
 and should be credited to the first client attended.
 . The fund will only be responsible for the charge itself and will not pay any surcharge or penalty
 levied for late payment.
 . The charge is outside the scope of VAT so VAT cannot be claimed.
 .10 Non Legal Support Service for Defendants
 . Criminal Legal Aid exists to secure legal services for individuals subject to criminal investigations
 and criminal proceedings. As well as the services themselves, it funds expenses that are incidental or
 conducive to those services, such as travel costs for solicitors and experts.
 . Some support services are available for defendants or defence witnesses who are deemed to be
 particularly vulnerable. These services support and prepare the individuals for their appearance at court,
 and assess them for the equivalent of the special measures provided for victims and witnesses.
 . In exceptional circumstances it may be reasonable for the Provider to claim for defendant’s travel
 expenses (please refer to section 8 below).
-Criminal Bills Assessment Manual – Version 4– July 2017 27
 . The Appeals Procedure on Costs Assessments
 .1 Basis of Assessments and Appeals
 . Any assessment made under 8.30 to 8.36, of the SCC Specification shall take place on the basis
 of determining whether work was actually and reasonably done and any disbursements actually and
@@ Line 1095: / Line 1363: @@
 . Once the ICA has made a decision there is no further right of appeal.
 Criminal Bills Assessment Manual – Version 4– July 2017 30
 . Police Station and Criminal Investigations Work
 .1 Regulations
 . Police Station Advice and Assistance is provided under Part 2 of the Criminal Legal Aid (General)
 Regulations 2013. This should be read alongside Section 13 of the Legal Aid, Sentencing and
 Punishment of Offenders Act 2012, which determines the Director of Legal Aid Casework, in the context
 of police station work, to fund such Advice and Assistance as it considers appropriate.
 . Police Station Advice and Assistance can be given either by a duty solicitor or the client’s own
 solicitor. Criminal Legal Aid can only pay for advice if that Provider holds a Contract. Subject to local
 arrangements Duty work can only be claimed for a scheme for which the Provider is eligible.
 .2 Scope
 . The scope of Police Station Advice and Assistance is defined in the Criminal Investigations Class
 of Work (9.1 & 9.2 of the SCC Specification).
 . Police Station Advice and Assistance, Police Station Telephone Advice and Police Station
 Attendance (subject to certain limitations) can be provided to a client who:
 a) is arrested and held in custody at a police station (under arrest by police or Revenue and
 Customs). If a constable (as defined in 1.1, of the SCC Standard Terms) is not present
@@ Line 1115: / Line 1391: @@
 under these provisions; Free-Standing Advice and Assistance may be available but is
 subject to financial eligibility; or
 b) is a volunteer (defined in regulation 12 of the Criminal Legal Aid (General) Regulations
 . See also Point of Principle DS6; or
 c) is a member of the armed forces being interviewed in connection with a Serious Service
 Offence (as defined in 1.2, of the SCC Specification).; or
 d) is detained under Schedule 7 of the Terrorism Act 2000; or
 e) is the subject of an identification procedure carried out by means of video recordings who
 is not present at a police station at the time the procedure is carried out, i.e. the witness is
@@ Line 1126: / Line 1406: @@
 work will be assessed on the basis of reasonableness and whether the solicitor’s
 attendance in the absence of the client materially progressed the case.
 . An interview with a client who is arrested and held in custody or a volunteer can take place at any
 premises. It does not have to be a police station and could be elsewhere. The crucial element of the
 definition is that a constable must be present.
 .3 Unique File Numbers
 . Providers must assign a Unique File Number for each Matter. A separate UFN must be assigned
 to each individual client advised at the police station even if they are co-suspects. This is because a
@@ Line 1136: / Line 1419: @@
 of the SCC Specification). Separate UFN’s should be allocated if separate matters are being
 investigated.
 . The UFN will be the same throughout the life of the case. Please see Appendix 1 for relevant
 examples in relation to when the same UFN should be used.
 . If only Police Station Telephone Advice is given then the telephone note should be held on a
 central file by the Provider and each note will require a UFN to be assigned to it.
 . A DSCC reference number must be provided on the file.
 .4 Duty and Own Solicitors and Representatives
 Introduction
 . Duty Solicitors and Representatives are defined in 1.1 of the SCC Standard Terms and 1.2 of the
 Specification respectively.
 . The Defence Solicitor Call Centre (DSCC) is an independent contractor which on behalf of the
 LAA deals with requests for Advice and Assistance at the Police Station.
 Duty Solicitor Service Obligations
 . The service obligations of duty solicitors are at the police station are outlined in 9.41 to 9.50, of
 the SCC Specification.
 Rota and Panel
 . The reference to Rota means a list of Duty Solicitors to provide Advice and Assistance or
 Advocacy Assistance at Magistrates’ Courts and Police Station Advice and Assistance over a given
 period.
 . The reference to Panel or Panel List means an arrangement by which the DSCC telephones Duty
 Solicitors on a Duty Solicitor Scheme in sequence to identify a Duty Solicitor available to provide Advice
 and Assistance at a Police Station when the rota duty solicitor is not available.
 . A duty solicitor is usually on rota duty for all or part of the day. Rota duty solicitors are required to
 accept duty cases unless they are already dealing with a previous duty case or there is a conflict of
 interest (9.47, of the SCC Specification).
 . Where there is a panel arrangement the Call Centre telephones the solicitors on the panel until
 finding one willing to take the case. Panel duty solicitors are not obliged to take a duty case offered to
 them but must use all reasonable endeavours to accept the Matters referred by the DSCC (9.49, of the
 SCC Specification).
 Duty Solicitor Cases
 . Duty Solicitor work differs from own solicitor work, as it attracts higher hourly rates for calculating
 whether a case exceeds the Escape Fee Threshold, and for payment once the Threshold has been
@@ Line 1171: / Line 1469: @@
 and compliance should be ensured with the relevant service obligations.
 Criminal Bills Assessment Manual – Version 4– July 2017 32
 . Work is always deemed to be Duty Solicitor work if both of the following apply: -
 a) The case is accepted from the Defence Solicitor Call Centre, or accepted at the police
 station as duty solicitor and notified to the Call Centre and
 b) The work takes place before the end of the duty period (for rota cases) or is initial advice
 (for panel and backup cases).
 . All other attendances shall be treated as own solicitor.
 Duty Solicitor Serious Offence Rates
 . The duty solicitor serious offence rates only apply to claims relating to:
 a) Attendances undertaken by a Duty Solicitor engaged by the Provider throughout a Duty
 Period; and
 b) Attendances that take place after acceptance of a Matter up until the point when the Client
 is released from the initial continuous period of custody.
 . These rates can be used to determine whether a case meets the Escape Fee Threshold.
 . The list of offences to which this rate relates is exhaustive and is found in 9.99 (a), of the SCC
 Specification.
 Duty Solicitor Unsocial Hours
 . Enhanced rates for unsocial hours can be used to determine whether a case meets the Escape
 Fee Threshold. “Unsocial Hours” means between the hours of 5.30pm and 9.30 am on any Business
 Day and any time on a day which is not a Business Day. The relevant rates are outlined in the Criminal
 Legal Aid (Remuneration) Regulations applicable.
 Own Solicitors
 . Own solicitor police station attendances and police station telephone advice may be undertaken
 by a Representative (including a Solicitor who is also a Representative), or where the Contractor is a
 member of the VHCC Panel, a solicitor.
 Probationary Representatives
 . Probationary Representatives cannot advise on indictable only cases save where the police start
 to investigate on the basis of an either way or summary-only case and they subsequently decide to
 investigate an indictable only offence and there is no suitable break in the interview for a solicitor or
 accredited representative to take over.
 . If a probationary representative advises the client on an indictable only matter, the claim will be
 nil assessed unless it was not clear at the point of initial attendance that the matter was indictable only,
@@ Line 1206: / Line 1521: @@
 to advise the client in such circumstances. Payment will not usually be allowed for any work in relation to
 an indictable only matter.
 . A Probationary Representative must only provide Police Station Advice and Assistance for the
 Provider at which his or her supervising Solicitor is based (9.35, of the SCC Specification). Such staff are
 still in a training role and are therefore likely to require closer supervision.
 Criminal Bills Assessment Manual – Version 4– July 2017 33
 Solicitor Agents
 . A solicitor agent may be used to undertake police station work (9.52 (a), of the SCC
 Specification) subject to the rules about designation of fee-earners (2.36, of the SCC Specification). Cost
@@ Line 1216: / Line 1534: @@
 should be made to the PoP CRIMLA 31 see:
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 .5 Criminal Defence Direct
 . Matters which fall within the scope of Criminal Defence Direct are excluded from the scope of this
 Contract. 9.9, of the SCC Specification details the exclusions which apply.
 . A claim may be made for Police Station attendance on any Matter that is initially excluded if one
 of the conditions contained within 9.10, of the SCC Specification applies and the Sufficient Benefit Test
 is met.
 . In accordance with 9.92 (b), of the SCC Specification, the Criminal Defence Direct acceptance
 fee cannot be claimed separately. This forms part of the Police Station Fixed Fee claim but can be
 factored in to the calculation when determining the Escape Fee Threshold.
 .6 Immigration
 . Details as to how to proceed where it is apparent, or becomes apparent, that an immigration
 issue arises can be found in 9.61 to 9.66, of the SCC Specification.
 Immigration Offence Cases
 . Duty solicitors must accept such cases when they are referred to them by the Call Centre and
 failure to do so could result in suspension or removal of the duty solicitor.
 . Where Advice and Assistance is provided and it is apparent, or becomes apparent, that an
 immigration issue arises, the Provider must give Advice and Assistance up until the point where the
@@ Line 1236: / Line 1562: @@
 or charge is being pursued. 9.65, of the SCC Specification outlines how this point should be determined
 and verified by the Provider.
 Immigration Authorities Cases
 . If the immigration authorities are involved with a case and no criminal offence is being
 investigated then there is no requirement under the SCC to provide Advice and Assistance. The Provider
 should then refer the case back to the DSCC or otherwise consider whether it is practicable to refer the
 case to a local Provider with a contract in the Immigration and Asylum Category of Work.
 . Pursuant to 9.64, of the SCC Specification, Police Station Advice and Assistance must not be
 given where:
 a) an individual is detained after entry and is served with illegal entry papers or a notice of intention
 to deport; or
 b) an individual is detained by the immigration authorities on entry; or
 Criminal Bills Assessment Manual – Version 4– July 2017 34
 c) an individual is arrested by police on behalf of the immigration authorities where no criminal
 allegations are made and is detained under the immigration authorities’ administrative powers.
 .7 Advice Abroad
 English Law
 . A solicitor may claim for Advice and Assistance given only in a matter of English law (Section 152
 of the Legal Aid, Sentencing and Punishment of Offenders Act). If a suspect is being investigated or
 prosecuted by authorities outside of England and Wales, no payment can be made.
 Investigations Abroad
 . If a police force in England or Wales or Revenue and Customs are investigating a case and
 require investigations to be conducted abroad (e.g. to interview a witnesses who is abroad or to conduct
@@ Line 1260: / Line 1595: @@
 expense is reasonable. An exception to this is for investigations by services police, which are not
 covered if an attendance takes place outside the UK (9.57 to 9.60, of the SCC Specification).
 . It should also be noted that it is possible to appoint a solicitor agent in connection with Police
 Station Advice and Assistance (9.52 (a), of the SCC Specification). These rules also apply to
 investigations in Scotland.
 Providing Advice and Assistance to witnesses
 . In the case of a witness who does not meet the definition of a volunteer, it must be demonstrated
 that they require advice regarding the risk of self-incrimination (Regulation 12(2) (i) of the Criminal Legal
 Aid (General) Regulations 2013).
 .8 Payment for Police Station Work
 General
 . The costs of all Police Station Attendance work in a Matter should be submitted as a single claim
 and the relevant Police Station Advice and Assistance Fixed Fee will be paid.
 . The Police Station Advice and Assistance Fixed Fee covers all Police Station Attendance (precharge)
 work provided to one Client in a single Matter.
-. Where the same Matter also includes Freestanding Advice and Assistance and/or Police Station
+. Where the same Matter also includes Free standing Advice and Assistance and/or Police Station
 Telephone Advice one Police Station Advice and Assistance Fixed Fee will be paid.
 . The Police Station Advice and Assistance Fixed Fees are set out in the Criminal Legal Aid
 (Remuneration) Regulations. The Fixed Fees vary by Duty Solicitor Scheme.
 . The relevant Fixed Fee is the fee for the Duty Solicitor Scheme in which the first attendance
 takes place irrespective of whether the Matter originated or is subsequently continued at a Police Station
@@ Line 1282: / Line 1626: @@
 Monthly Crime Lower Submission Guidance and Police Station/Duty Solicitor Scheme Codes
 Criminal Bills Assessment Manual – Version 4– July 2017 35
 . Work must be reported electronically through CWA, guidance for CWA can be found on the
 gov.uk website here:
 https://www.gov.uk/government/publications/cwa-quick-guides
 . A consolidated list of Crime Lower billing codes and reporting crime lower guidance can also be
 found on the gov.uk website at:
 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415165/reporting-crimelower-work-guidance.pdf
 . The Police Station codes are required to pay the correct Police Station Advice and Assistance
 Fixed Fee.
 . The LAA are aware that new codes may be required for work carried out at locations that are not
 police stations and which do not have a separate code. In such circumstances, the Provider should
 contact their Contract Manager to notify them.
 . Scheme-specific “non-police station site” codes have been produced these codes should be used
 where the attendance takes place at a location for which there is not a designated code, either because
@@ Line 1298: / Line 1647: @@
 is a new police station and a specific code is yet to be allocated.
 Standby payments
 . Duty Solicitor Standby payments cannot be claimed.
 .9 Separate Matters
 . Work carried out for separate Clients should be treated as separate Matters. Work undertaken for
 the same Client may be treated as a separate Matter if it involves the provision of Advice and Assistance
 on a legal issue which can be deemed as genuinely separate legal problem.
 . Whether a genuinely separate problem has arisen will depend on the facts of each investigation.
 The fact that a Provider may be giving initial advice to the Client about potentially different remedies
 arising from the same set of originating circumstances does not in itself mean they are separate Matters.
 . The fact that circumstances have changed or developments have occurred as the case
 progressed will not mean that a separate Matter arises if the advice continues to be provided on the
 same overall legal issue.
 . Where separate Matters are claimed the Provider must record the reasons on file and be able to
 justify their decision on Assessment or audit.
 . Circumstances that are likely to be treated as a single Matter:
 a) Where the two Matters are genuinely different problems requiring separate advice at the
 same time on one occasion only, then they should be treated as the same Matter,
 despite the fact that they would normally be treated as separate Matters.
 b) Where two or more Matters arise from the same set of circumstances, the chances of
 them being separate Matters diminish.
 c) Charges laid at the same time which are likely to be dealt with under one
 Representation Order, or are likely to be heard together, or are likely to form part of
 the same Case, should be dealt with as one Matter.
-Criminal Bills Assessment Manual – Version 4– July 2017 36
 d) Advice given on related issues which could be considered to be a “series of offences”
 should be dealt with as a single Matter, rather than separate Matters.
 . For further guidance, please refer to the following table:
 Scenario Fees payable Notes
 One client arrested on one Matter One fee One fee will be paid per client per Matter.
-Two clients arrested at the same
-time and advised by Provider.
+Two clients arrested at the same time and advised by Provider.
 Two fees One fee will be paid per client per Matter.
 Note that both must be advised at the police
 station to trigger the Fixed Fee. If one is
 advised by telephone only the telephone
 advice Fixed Fee will be paid for that client.
 Conflicts of Interest:
 e.g. Two clients arrested at the
 same time, but there is a conflict so
@@ Line 1340: / Line 1706: @@
 represented where the Provider becomes
 aware of a conflict of interest.
 Client arrested for multiple offences
 - irrespective of whether they are
 linked or not.
 e.g. arrested for burglary
 committed on 20 January 2008 and
@@ Line 1359: / Line 1727: @@
 genuinely separate legal problems
 requiring separate advice.
 Note:
 Where two or more Matters require advice
@@ Line 1368: / Line 1737: @@
 (or attendance if in relation to a voluntary
 attendance).
 Where two or more Matters arise from the
 same set of circumstances, the chances
@@ Line 1377: / Line 1747: @@
 of the same Case, should dealt with as one
 Matter.
 Advice given on related issues which could
 be considered a “series of offences”
@@ Line 1383: / Line 1754: @@
 Action on one Matter, the other
 Matter charged.
 One fee Advice provided on separate Matters on one
 occasion only should be treated as a single
 Matter.
 Two matters in total. One of those
 Matters charged the other bailed to
 return
 Two fees Two Matters advised on and advice
 continued on one of the Matters after first
 occasion. Two fees will be paid.
-Criminal Bills Assessment Manual – Version 4– July 2017 37
 Three matters in total. One of those
 matters charged and Two bailed to
@@ Line 1401: / Line 1775: @@
 three fees might
 be appropriate.
 As above. Three fees could be justified if
 the two bailed offences are charged at
@@ Line 1413: / Line 1788: @@
 proceedings matter, should dealt with as
 one Matter
 Arrested on one offence; at police
 station arrested on further
@@ Line 1419: / Line 1795: @@
 they become
 separate Matters
 See above for guidance on separate
 Matters.
 Post-charge ID procedure Paid at hourly
 rates
 Post-charge work and Advocacy Assistance
 on Warrants for Further Detention are paid
 at hourly rates.
 .10 Police Station Telephone Advice
 . A claim for Police Station Telephone Advice may not be made if Criminal Defence Direct has
 given telephone advice (9.110, of the SCC Specification)
 . If the client does not meet one of the criteria e.g. the client is not at the police station and
 telephone calls are made prior to the client being at the police station, no claim can be made under the
@@ Line 1438: / Line 1820: @@
 more efficient and cost effective particularly where telephone contact with the police can be very difficult
 or impossible to effect.
 .11 Attendance at the Police Station
 . The Provider can only attend the Police Station and make a claim for Police Station Advice and
 Assistance Fixed Fee when the sufficient benefit test is satisfied.
 . The circumstances in which the test will be satisfied include:
 a) to provide advice prior to and during interview
 b) to advise at an identification procedure (including a video identification procedure when
 the client is not present)
 c) when appropriate, to advise on the implications of the caution when the Client is charged
 with an offence
 d) to advise when the advice may materially affect the outcome of the investigation and goes
 significantly beyond initial advice
 e) to advise a client who complains of serious maltreatment by the police
 f) to advise a vulnerable client where it is not possible to provide advice by telephone alone;
 or
 g) to make representations when the police have or intend to refuse bail.
-Criminal Bills Assessment Manual – Version 4– July 2017 38
 If none of the above is satisfied further justification for attending should be provided on the file.
 . A claim should not be made for an attendance where the advice could have been provided
 reasonably by way of telephone advice. If it is considered that the advice should have been provided by
 telephone then the claim will be limited to the police station telephone advice Fixed Fee.
 . If the solicitor was already at the same police station the claim should be for Police Station
 Telephone Advice rather than Police Station Attendance.
 . An attendance at the police station for an ineffective bail to return may be disallowed unless there
 is evidence of at least one check being made prior to attendance to establish whether or not it would be
 effective.
 . If the police indicate that an interview or identification procedure will take place at a specified time
 the solicitor or representative should only attend the police station in sufficient time prior to the allotted
 time to undertake reasonable steps that directly relate to the interview or identification procedure, e.g.
 taking instructions from the client, obtaining disclosure of evidence, attending the officer in the case.
 . When a client is bailed to return to a Police Station, which is also continuation of the same Matter
 (9.81 of the SCC Specification).
 . Should a client be released without bail then the Provider may bill the Matter at this point (4.57(a)
 of the SCC Specification).
 . If a client is rearrested/attends voluntarily on the same offence, then this is a continuation of the
 same Matter (9.75 of the SCC Specification) and is unaffected by the passage of time.
 . In both instances, above, a Provider must not claim a second Fixed Fee, but the costs incurred in
 relation to the re-arrest or the bailed return to the Police Station will be relevant in determining whether
 the Matter qualifies as an Escape Fee case.
 . Where the client is re-arrested and the Provider has already claimed the Fixed Fee, if the costs of
 the re-arrest work means the Matter qualifies as an Escape Fee case or increases the Escape Fee case
 costs already paid, the Provider can claim these additional costs.
 . Where a client has an outstanding bail, the Provider should not claim the Fixed Fee (or the
 Escape Fee if the case qualifies) until it is known no further work will be undertaken on the Matter (9.104
 of the SCC Specification).
 . If the Provider is instructed by a client for the re-arrest and the Fixed Fee has already been
 claimed by another Provider for the initial Police Station attendance in the same Matter, the Provider
@@ Line 1488: / Line 1891: @@
 for the re-arrest if a Fixed Fee has already been claimed by another Provider for the initial Police Station
 attendance.
 . The issuing of a new DSCC reference number does not automatically mean there must be a new
 fee. The DSCC have been instructed to ask the Police at the point of re-arrest if there was a previous
@@ Line 1494: / Line 1898: @@
 new Provider will be given a new DSCC ref number and may attend provided they are content that the
 exceptions listed in paragraph 9.67 are met.
-Criminal Bills Assessment Manual – Version 4– July 2017 39
 . A Provider will, however, not be in breach of contract if they in good faith claim a Fixed Fee for
 the re-arrest where unknown to them a Fixed Fee has already been claimed in the Matter, provided they
@@ Line 1502: / Line 1906: @@
 Assistance has been given and ensure that any work they carry out reflects the fact that some work may
 already have been done on the Matter to ensure that there is no element of repetition.
 . When attending the police station solicitors and representatives should ensure that travel, waiting
 and attendance times are minimised.
 . The LAA accepts that, in some circumstances, the solicitor will attend the Police Station in good
 faith having been contacted by the DSCC. Where a solicitor responds to a call from the DSCC but, for
@@ Line 1510: / Line 1916: @@
 PoP DS 4 see:
 https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop
 . There will be instances where the client has not requested Advice and Assistance pre-charge but
 subsequently indicates that they wish for representation once they have been charged with an offence.
@@ Line 1516: / Line 1923: @@
 legal advice for this particular offence.
 Travel and Waiting
 . The Provider must continue to record all profit costs, and travel and waiting time. The Provider
 must report all profit costs to the LAA when submitting a claim for Police Station attendance and any
 travel and waiting time when claiming a Police Station Escape Fee Case.
 Disbursements
 . Disbursements, including mileage, will be payable in addition to the Police Station Advice and
 Assistance Fixed Fee where they have been actually and reasonably incurred.
 . The point at which the disbursement is incurred should depend upon the both the location of the
 client and the point at which the expert is instructed. Where a client is at the Police Station, the
@@ Line 1530: / Line 1940: @@
 Free Standing Advice and Assistance as the Pathologist is unlikely to be instructed whilst the fee earner
 is at the police station for the initial attendance.
 . Disbursements should form part of the same claim but will be paid separately and will not be
 taken into account when assessing whether the claim exceeds the Escape Fee Threshold.
 . Hotel expenses incurred by a Duty Solicitor whilst on a Police Station Duty Solicitor Rota are not
 recoverable.
 Police Station Attendance (post-charge)
 . Whilst attendances at the police station may vary enormously they will generally conclude either
 by charges being made, the client being bailed pending further enquiries or released without charge.
 Criminal Bills Assessment Manual – Version 4– July 2017 40
 . Post charge Police Station Attendance is where a client is:
 a) being represented in respect of a Matter or case; and
 b) the Matter or case is in the proceedings class of work; and
 c) a post-charge interview or identification procedure is arranged; or
 d) the client is recharged following discontinuance or dismissal of the case; or
 e) The same UFN as the substantive Matter or case should be used.
 f) to make bail representations when the police have or intend to refuse bail
 . Only actual travelling, waiting and attendance at the police station may be claimed. Any officebased
 work associated with the identification procedure or recharge must be claimed as part of the
 substantive claim that will be made in the Proceedings Class of Work.
 . If post-charge work is claimed where the Client is already represented on the same Matter or
 Case in the Criminal Proceedings Class of Work then the same UFN shall be assigned as the
 substantive proceedings.
 . Where the Client is arrested for breach of bail conditions or on a warrant following failure to
 appear at the Magistrates’ Court or Crown Court the claim should be limited to Police Station Telephone
 Advice unless the Sufficient Benefit Test is satisfied i.e. attendance is required:
 a) to provide advice prior to and during interview
 b) to advise at an identification procedure (including a video identification procedure when
 the client is not present)
 c) when appropriate, to advise on the implications of the caution when the Client is charged
 with an offence
 d) to advise when the advice may materially affect the outcome of the investigation and goes
 significantly beyond initial advice
 e) to advise a client who complains of serious maltreatment by the police
 f) to advise a vulnerable client where it is not possible to provide advice by telephone alone;
 or
 g) to make bail representations when the information the police have is incorrect.
 Bail to Return
 . Whether an attendance fee is claimable for the effective bail to return will depend on the sufficient
 benefit test being satisfied. The circumstances in which the test will be satisfied include:
 a) to provide advice prior to and during interview
 b) to advise at an ID procedure
 c) when appropriate, to advise on the implications of the caution when the Client is charged
 with an offence
 d) to advise when the advice may materially affect the outcome of the investigation and goes
 significantly beyond initial advice
 e) to advise a client who complains of serious maltreatment by the police
 f) to advise a vulnerable client where it is not possible to provide advice by telephone alone;
 or
 g) to make bail representations when the police have or intend to refuse bail.
 If none of the above is satisfied further justification for attending should be provided on the file.
 Criminal Bills Assessment Manual – Version 4– July 2017 41
 . When a client is arrested for more than one offence, and is bailed to return on some, but not all,
 the solicitor may claim separate fees for those matters bailed to return only if the return dates are
 effective, the Sufficient Benefits Test is met and the solicitor attends the Police Station,
 . Pursuant to 9.2, of the SCC Specification, a Provider should not claim for an ineffective bail to
 return unless the solicitor has made reasonable efforts to establish whether they will be effective, but has
 been unable to do so.
 .12 Pre Charge Advocacy Assistance
 Warrants of Further Detention
 . Advocacy Assistance is available for the following work:
 a) Advocacy Assistance in a Magistrates’ Court, High Court, before a judicial authority or a
 senior judge in connection with an application for a warrant for further detention, or for an

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