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2017_specification [2017/07/14 16:33] frescom |
2017_specification [2017/07/25 17:39] frescom |
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(and which, apart from this Contract, would be properly chargeable to a | (and which, apart from this Contract, would be properly chargeable to a | ||
Client) in performing Contract Work; | Client) in performing Contract Work; | ||
+ | |||
“Disciplinary Case” means Advocacy Assistance on a Matter, which falls | “Disciplinary Case” means Advocacy Assistance on a Matter, which falls | ||
under Section 12, and is within scope of regulation 12(2)(f) of the Criminal | under Section 12, and is within scope of regulation 12(2)(f) of the Criminal | ||
Legal Aid (General) Regulations 2013; | Legal Aid (General) Regulations 2013; | ||
+ | |||
“Disciplinary Hearing” means adjudications that are heard before the Prison | “Disciplinary Hearing” means adjudications that are heard before the Prison | ||
Governor or an Independent Adjudicator where offences against the Prison | Governor or an Independent Adjudicator where offences against the Prison | ||
Rules 1999 or Young Offender Rules 2000 that are alleged to have been | Rules 1999 or Young Offender Rules 2000 that are alleged to have been | ||
committed by the prisoner are dealt with; | committed by the prisoner are dealt with; | ||
+ | |||
“DSCC” is the "Defence Solicitor Call Centre" (as may be superseded or | “DSCC” is the "Defence Solicitor Call Centre" (as may be superseded or | ||
replaced from time to time) provided on behalf of us by independent | replaced from time to time) provided on behalf of us by independent | ||
contractors to deal with requests for Advice and Assistance at the Police | contractors to deal with requests for Advice and Assistance at the Police | ||
Station; | Station; | ||
+ | |||
“Duty Period” or “Duty Slot” means a period during which a Duty Solicitor | “Duty Period” or “Duty Slot” means a period during which a Duty Solicitor | ||
is required to be available to give Advice and Assistance or Advocacy | is required to be available to give Advice and Assistance or Advocacy | ||
Assistance under a Duty Scheme; | Assistance under a Duty Scheme; | ||
+ | |||
“Duty Solicitor Postcode Tool” means the tool on our website which sets | “Duty Solicitor Postcode Tool” means the tool on our website which sets | ||
out the geographical ambit of Duty Schemes by reference to postcodes; | out the geographical ambit of Duty Schemes by reference to postcodes; | ||
+ | |||
“Early Cover” has the meaning given to it in Section 10; | “Early Cover” has the meaning given to it in Section 10; | ||
+ | |||
“ECrime System” means our online system for managing the electronic | “ECrime System” means our online system for managing the electronic | ||
transmission of information between us and Providers (including any | transmission of information between us and Providers (including any | ||
Counsel or other third parties you appoint in accordance with Clause 3 in | Counsel or other third parties you appoint in accordance with Clause 3 in | ||
connection with Contract Work that is part of the online service; | connection with Contract Work that is part of the online service; | ||
+ | |||
“Engaged” means meeting the requirements of Paragraphs 6.22 to 6.24; | “Engaged” means meeting the requirements of Paragraphs 6.22 to 6.24; | ||
+ | |||
“Escape Fee Cases” means a Case or Matter which would otherwise be paid | “Escape Fee Cases” means a Case or Matter which would otherwise be paid | ||
under a Fixed Fee but which is payable in full or in part on Hourly Rates | under a Fixed Fee but which is payable in full or in part on Hourly Rates | ||
because of the extent by which the Claim exceeds the relevant fee; | because of the extent by which the Claim exceeds the relevant fee; | ||
+ | |||
“Escape Fee Case Costs” is the remuneration payable in a case which | “Escape Fee Case Costs” is the remuneration payable in a case which | ||
would otherwise be paid by a Fixed Fee but where your costs exceed the | would otherwise be paid by a Fixed Fee but where your costs exceed the | ||
specified Escape Fee Case Threshold and are assessed by us; | specified Escape Fee Case Threshold and are assessed by us; | ||
+ | |||
“Escape Fee Case Threshold” means the extent to which your costs must | “Escape Fee Case Threshold” means the extent to which your costs must | ||
exceed a Fixed Fee so as to entitle you to have your costs assessed by us | exceed a Fixed Fee so as to entitle you to have your costs assessed by us | ||
as an Escape Fee Case; | as an Escape Fee Case; | ||
+ | |||
“Financial Eligibility Tests” means such test of the Client's financial | “Financial Eligibility Tests” means such test of the Client's financial | ||
resources as are applicable under the Criminal Financial Regulations; | resources as are applicable under the Criminal Financial Regulations; | ||
- | February 2017 | + | |
- | 5“Findings” include not only findings on particular practices (such as failing | + | “Findings” include not only findings on particular practices (such as failing |
to Assess financial eligibility or charging for administrative work that is not | to Assess financial eligibility or charging for administrative work that is not | ||
allowable) but in relation to more general matters, such as claiming | allowable) but in relation to more general matters, such as claiming | ||
excessive time for preparation or attendances or the average percentage | excessive time for preparation or attendances or the average percentage | ||
reduction on Assessment of a sample of your files; | reduction on Assessment of a sample of your files; | ||
+ | |||
“Fixed Fee” means any payment under this Specification for Contract Work | “Fixed Fee” means any payment under this Specification for Contract Work | ||
on the basis of a specified fee rather than on Hourly Rates; | on the basis of a specified fee rather than on Hourly Rates; | ||
Line 192: | Line 205: | ||
under section 15(2)(a) of the Act and which is claimed in accordance with | under section 15(2)(a) of the Act and which is claimed in accordance with | ||
this Specification; | this Specification; | ||
+ | |||
“Full Time Equivalent” or “FTE” means the equivalent of one individual | “Full Time Equivalent” or “FTE” means the equivalent of one individual | ||
working 35 hours in a standard 7 day week (excluding breaks). More than | working 35 hours in a standard 7 day week (excluding breaks). More than | ||
one individual may together make up the FTE requirement; | one individual may together make up the FTE requirement; | ||
+ | |||
“Graduated Fee” means a fee designated as such (and paid in the | “Graduated Fee” means a fee designated as such (and paid in the | ||
circumstances set out and at the levels set out) in the Criminal | circumstances set out and at the levels set out) in the Criminal | ||
Remuneration Regulations; | Remuneration Regulations; | ||
+ | |||
“Higher Courts” means the Court of Appeal and the Supreme Court of | “Higher Courts” means the Court of Appeal and the Supreme Court of | ||
England and Wales; | England and Wales; | ||
+ | |||
“Higher Fee” has the meaning given to it in Section 10; | “Higher Fee” has the meaning given to it in Section 10; | ||
+ | |||
“Higher Fee Limit” means a specified amount of costs of preparation above | “Higher Fee Limit” means a specified amount of costs of preparation above | ||
which you are entitled to have your costs assessed by us and paid at | which you are entitled to have your costs assessed by us and paid at | ||
Hourly Rates; | Hourly Rates; | ||
+ | |||
“Higher Standard Fee” has the meaning given to it in Section 10; | “Higher Standard Fee” has the meaning given to it in Section 10; | ||
+ | |||
“Higher Standard Fee Limit” means in relation to the Prison Law Class of | “Higher Standard Fee Limit” means in relation to the Prison Law Class of | ||
Work only, a specified amount of costs of preparation above which you are | Work only, a specified amount of costs of preparation above which you are | ||
entitled to have your costs assessed by us and paid on a Non-Standard Fee | entitled to have your costs assessed by us and paid on a Non-Standard Fee | ||
basis; | basis; | ||
+ | |||
“Hourly Rates” means payment on the basis of hours of Contract Work as | “Hourly Rates” means payment on the basis of hours of Contract Work as | ||
set out in the Criminal Remuneration Regulations; | set out in the Criminal Remuneration Regulations; | ||
+ | |||
“Immigration Offence” means a breach of legislation relating to | “Immigration Offence” means a breach of legislation relating to | ||
immigration in force from time to time and such breaches shall include | immigration in force from time to time and such breaches shall include | ||
Line 216: | Line 238: | ||
of leave or failure to observe a condition of temporary admission or | of leave or failure to observe a condition of temporary admission or | ||
release. This list is not exhaustive; | release. This list is not exhaustive; | ||
+ | |||
“Incidental Proceedings” means proceedings which are specified | “Incidental Proceedings” means proceedings which are specified | ||
regulation 19 of the Criminal Legal Aid (General) Regulations 2013; | regulation 19 of the Criminal Legal Aid (General) Regulations 2013; | ||
in | in | ||
+ | |||
“Independent Adjudicator” in the Prison Law Class has the same meaning | “Independent Adjudicator” in the Prison Law Class has the same meaning | ||
as in Rule 2 of the Prison Rules 1999; | as in Rule 2 of the Prison Rules 1999; | ||
+ | |||
“Interests of Justice Test” means the factors set out in section 17(2) of the | “Interests of Justice Test” means the factors set out in section 17(2) of the | ||
Act; | Act; | ||
+ | |||
“Lower Fee” has the meaning given to it in Section 10; | “Lower Fee” has the meaning given to it in Section 10; | ||
+ | |||
“Lower Fee Limit” has the meaning given to it in Section 10; | “Lower Fee Limit” has the meaning given to it in Section 10; | ||
- | February 2017 | + | |
- | 6“Lower Standard Fee” has the meaning given to it in Section 10; | + | “Lower Standard Fee” has the meaning given to it in Section 10; |
“Lower Standard Fee Limit” has the meaning given to it in Section 10; | “Lower Standard Fee Limit” has the meaning given to it in Section 10; | ||
+ | |||
“Mandatory Electronic Working” means information in relation to Contract | “Mandatory Electronic Working” means information in relation to Contract | ||
Work that you must provide to the Director or us electronically through the | Work that you must provide to the Director or us electronically through the | ||
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examples of the type of information you must provide to us electronically | examples of the type of information you must provide to us electronically | ||
are: | are: | ||
+ | |||
(a) making applications for determinations | (a) making applications for determinations | ||
+ | |||
(b) making requests for withdrawals or transfers for Representation; | (b) making requests for withdrawals or transfers for Representation; | ||
+ | |||
(c) submitting requests for prior authorities and Payments on Account; | (c) submitting requests for prior authorities and Payments on Account; | ||
+ | |||
(d) submitting Claims for Contract Work; | (d) submitting Claims for Contract Work; | ||
+ | |||
(e) appealing or reviewing decisions made by us on Claims; or | (e) appealing or reviewing decisions made by us on Claims; or | ||
+ | |||
(f) reviewing or appealing determinations about whether an individual | (f) reviewing or appealing determinations about whether an individual | ||
qualifies for criminal legal services; | qualifies for criminal legal services; | ||
+ | |||
“Mis-Claiming” means claiming in a manner that is clearly contrary to the | “Mis-Claiming” means claiming in a manner that is clearly contrary to the | ||
Contract and where no discretion arises as to payment. For instance, | Contract and where no discretion arises as to payment. For instance, | ||
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Assistance provided on the same Matter as part of the Standard Fee or | Assistance provided on the same Matter as part of the Standard Fee or | ||
claiming for Advocacy Assistance outside the scope of this Specification; | claiming for Advocacy Assistance outside the scope of this Specification; | ||
+ | |||
“Monthly Payment Protocol” means the document of that name published | “Monthly Payment Protocol” means the document of that name published | ||
on our website, setting out our approach to reconciliation and to review | on our website, setting out our approach to reconciliation and to review | ||
and amendment of Monthly Payments due under this Specification; | and amendment of Monthly Payments due under this Specification; | ||
+ | |||
“Non-Standard Fee” is a fee payable in respect of costs which have been | “Non-Standard Fee” is a fee payable in respect of costs which have been | ||
assessed by us because your case costs have exceeded the Higher | assessed by us because your case costs have exceeded the Higher | ||
Standard Fee Limit; or because the case falls outside the Standard Fee | Standard Fee Limit; or because the case falls outside the Standard Fee | ||
payment scheme; | payment scheme; | ||
+ | |||
“Over-Claiming” means claiming more than we determine to be reasonable | “Over-Claiming” means claiming more than we determine to be reasonable | ||
on Assessment under Section 8, but where discretion arises as to the | on Assessment under Section 8, but where discretion arises as to the | ||
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reasonable or claiming a Disbursement where we consider that it was not | reasonable or claiming a Disbursement where we consider that it was not | ||
reasonably incurred; | reasonably incurred; | ||
+ | |||
“Own Client” means a Client other than a Client who is advised under a | “Own Client” means a Client other than a Client who is advised under a | ||
Duty Scheme; | Duty Scheme; | ||
+ | |||
“Own Solicitor” means a lawyer who provides Advice and Assistance to a | “Own Solicitor” means a lawyer who provides Advice and Assistance to a | ||
Client other than as a Duty Solicitor; | Client other than as a Duty Solicitor; | ||
+ | |||
“Panel” or “Panel List” means an arrangement by which the DSCC | “Panel” or “Panel List” means an arrangement by which the DSCC | ||
telephones Duty Solicitors on a Duty Scheme in sequence to identify a | telephones Duty Solicitors on a Duty Scheme in sequence to identify a | ||
Duty Solicitor available to provide Advice and Assistance at a Police | Duty Solicitor available to provide Advice and Assistance at a Police | ||
Station; | Station; | ||
+ | |||
“Parole Board Case” means Advice and Assistance or Advocacy Assistance | “Parole Board Case” means Advice and Assistance or Advocacy Assistance | ||
on a Matter which falls under Section 12 and is within scope of regulation | on a Matter which falls under Section 12 and is within scope of regulation | ||
12(2)(g) of the Criminal Legal Aid (General) Regulations 2013; | 12(2)(g) of the Criminal Legal Aid (General) Regulations 2013; | ||
- | February 2017 | + | |
- | 7“Parole Board Hearing” means a hearing that is heard before the Parole | + | “Parole Board Hearing” means a hearing that is heard before the Parole |
Board at which that board has the power to direct release; | Board at which that board has the power to direct release; | ||
+ | |||
“Police Station Advice and Assistance” means Advice and Assistance given | “Police Station Advice and Assistance” means Advice and Assistance given | ||
either by Police Station attendance or by Police Station Telephone Advice | either by Police Station attendance or by Police Station Telephone Advice | ||
under section 13 of the Act; | under section 13 of the Act; | ||
+ | |||
“Police Station Attendance Fixed Fee” means the fee payable for all work | “Police Station Attendance Fixed Fee” means the fee payable for all work | ||
done on the Matter relating to Police Station attendance, including time | done on the Matter relating to Police Station attendance, including time | ||
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the Police Station in relation to a Matter where at least one Police Station | the Police Station in relation to a Matter where at least one Police Station | ||
attendance has been given; | attendance has been given; | ||
+ | |||
“Police Station Qualification” or “PSQ” means the qualification which must | “Police Station Qualification” or “PSQ” means the qualification which must | ||
be attained before a Solicitor or Counsel or Accredited Representative is | be attained before a Solicitor or Counsel or Accredited Representative is | ||
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“Police Station Register” means the list maintained by us of all Accredited | “Police Station Register” means the list maintained by us of all Accredited | ||
Representatives; | Representatives; | ||
+ | |||
“Police Station Telephone Attendance Fixed Fee” means the fee payable for | “Police Station Telephone Attendance Fixed Fee” means the fee payable for | ||
all telephone calls for a Matter advising the Client in custody for which the | all telephone calls for a Matter advising the Client in custody for which the | ||
Matter does not also include attendance at the Police Station; | Matter does not also include attendance at the Police Station; | ||
+ | |||
“Pre-Order Cover” has the meaning given to it in Section 10; | “Pre-Order Cover” has the meaning given to it in Section 10; | ||
+ | |||
“Prescribed Proceedings” means proceedings which have been prescribed | “Prescribed Proceedings” means proceedings which have been prescribed | ||
by Regulations as criminal for the purposes of Legal Aid by virtue of section | by Regulations as criminal for the purposes of Legal Aid by virtue of section | ||
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between Sections of which you become aware promptly upon becoming | between Sections of which you become aware promptly upon becoming | ||
aware of the same. | aware of the same. | ||
- | February 2017 | + | |
- | 132. | + | |
Service Standards | Service Standards | ||
+ | |||
General | General | ||
+ | |||
2.1 You must, at all times whilst this Contract is in operation, meet the | 2.1 You must, at all times whilst this Contract is in operation, meet the | ||
Supervisor requirements set out in Paragraphs 2.3 to 2.31. | Supervisor requirements set out in Paragraphs 2.3 to 2.31. | ||
+ | |||
2.2 Subject to Paragraphs 2.27 and 2.28, if you cease to meet the | 2.2 Subject to Paragraphs 2.27 and 2.28, if you cease to meet the | ||
requirements of Paragraph 2.1 your right to undertake Contract Work in | requirements of Paragraph 2.1 your right to undertake Contract Work in | ||
the relevant Class of Work will cease. Any breach of Paragraph 2.1 shall be | the relevant Class of Work will cease. Any breach of Paragraph 2.1 shall be | ||
a Fundamental Breach. | a Fundamental Breach. | ||
+ | |||
2.3 Where your Schedule authorises you to undertake Contract Work in the | 2.3 Where your Schedule authorises you to undertake Contract Work in the | ||
Criminal Investigations and Criminal Proceedings Classes of Work you must | Criminal Investigations and Criminal Proceedings Classes of Work you must | ||
Employ a minimum of one Full Time Equivalent Supervisor who meets the | Employ a minimum of one Full Time Equivalent Supervisor who meets the | ||
supervisor standards set out in Paragraphs 2.20 to 2.21. | supervisor standards set out in Paragraphs 2.20 to 2.21. | ||
+ | |||
2.4 Where your Schedule authorises you to undertake Contract Work in the | 2.4 Where your Schedule authorises you to undertake Contract Work in the | ||
Prison Law Class of Work you must Employ at least one Full Time | Prison Law Class of Work you must Employ at least one Full Time | ||
Equivalent Supervisor who meets the supervisor standards set out in | Equivalent Supervisor who meets the supervisor standards set out in | ||
Paragraphs 2.22 to 2.25. | Paragraphs 2.22 to 2.25. | ||
+ | |||
2.5 Where you Schedule authorises you to undertake Contract Work in the | 2.5 Where you Schedule authorises you to undertake Contract Work in the | ||
Appeals and Reviews Class of Work only; you must Employ at least one | Appeals and Reviews Class of Work only; you must Employ at least one | ||
Full Time Equivalent Supervisor who meets the supervisor standards set | Full Time Equivalent Supervisor who meets the supervisor standards set | ||
out in Paragraph 2.26. | out in Paragraph 2.26. | ||
+ | |||
2.6 Supervisors who qualify may act as a Supervisor for more than one Class | 2.6 Supervisors who qualify may act as a Supervisor for more than one Class | ||
of Work. | of Work. | ||
+ | |||
2.7 Supervisors must at all times during their working hours (except as | 2.7 Supervisors must at all times during their working hours (except as | ||
required for the proper performance of their role such as attending court | required for the proper performance of their role such as attending court | ||
and/or Clients) work from one or any combination of your Offices. | and/or Clients) work from one or any combination of your Offices. | ||
+ | |||
2.8 Supervisors may act as a Supervisor at a maximum of two of your Offices. | 2.8 Supervisors may act as a Supervisor at a maximum of two of your Offices. | ||
+ | |||
2.9 Save in respect of Prison Law which is the subject of Paragraph 2.10 an | 2.9 Save in respect of Prison Law which is the subject of Paragraph 2.10 an | ||
individual may not act as a Supervisor for you if they act as a Supervisor | individual may not act as a Supervisor for you if they act as a Supervisor | ||
for another Provider. | for another Provider. | ||
+ | |||
2.10 A Prison Law Supervisor may also act as a Supervisor for a maximum of | 2.10 A Prison Law Supervisor may also act as a Supervisor for a maximum of | ||
one other Provider. | one other Provider. | ||
+ | |||
2.11 You must notify us if any Supervisor leaves your organisation, ceases to | 2.11 You must notify us if any Supervisor leaves your organisation, ceases to | ||
meet the Supervisor standards set out in this Specification or fails to | meet the Supervisor standards set out in this Specification or fails to | ||
Line 524: | Line 584: | ||
manner described, such member of your personnel must immediately | manner described, such member of your personnel must immediately | ||
cease acting as a Supervisor. | cease acting as a Supervisor. | ||
+ | |||
2.12 A Supervisor may delegate functions to an employee who does not meet all | 2.12 A Supervisor may delegate functions to an employee who does not meet all | ||
the Supervisor standards in this Specification to act as their deputy | the Supervisor standards in this Specification to act as their deputy | ||
Line 530: | Line 591: | ||
the necessary skills and experience for the deputy Supervisor to become a | the necessary skills and experience for the deputy Supervisor to become a | ||
Supervisor in future. | Supervisor in future. | ||
- | February 2017 | + | |
- | 142.13 Your Supervisor(s) must meet the Supervisor standards in this | + | 2.13 Your Supervisor(s) must meet the Supervisor standards in this |
Specification at the time of being appointed as Supervisor and continue to | Specification at the time of being appointed as Supervisor and continue to | ||
do so in any 12 month period thereafter. | do so in any 12 month period thereafter. | ||
+ | |||
2.14 Your Supervisor(s) must take account of any changes in legislation and | 2.14 Your Supervisor(s) must take account of any changes in legislation and | ||
case law. | case law. | ||
+ | |||
Supervision standards | Supervision standards | ||
+ | |||
2.15 | 2.15 | ||
All Supervisors must meet one of the following supervisory skills | All Supervisors must meet one of the following supervisory skills | ||
standards: | standards: | ||
+ | |||
(a) have supervised at least one Full Time Equivalent Designated Fee | (a) have supervised at least one Full Time Equivalent Designated Fee | ||
Earner or Caseworker in the relevant Class of Work for at least one | Earner or Caseworker in the relevant Class of Work for at least one | ||
year in the previous five year period; or | year in the previous five year period; or | ||
+ | |||
(b) have completed such training covering key supervisory skills we | (b) have completed such training covering key supervisory skills we | ||
approve from time to time in the previous 12 month period; or | approve from time to time in the previous 12 month period; or | ||
+ | |||
(c) have achieved Level 3 or higher National Vocational Qualification NVQ | (c) have achieved Level 3 or higher National Vocational Qualification NVQ | ||
standard (or any replacement from time to time) in supervising in the | standard (or any replacement from time to time) in supervising in the | ||
Line 552: | Line 619: | ||
Period when we request confirmation that they meet the supervision | Period when we request confirmation that they meet the supervision | ||
standards. | standards. | ||
+ | |||
2.16 A Supervisor must ensure that all persons performing Contract Work under | 2.16 A Supervisor must ensure that all persons performing Contract Work under | ||
this Contract have a professional legal qualification or, where a | this Contract have a professional legal qualification or, where a | ||
Line 557: | Line 625: | ||
that such persons perform a minimum of 12 hours of Contract Work each | that such persons perform a minimum of 12 hours of Contract Work each | ||
week in the relevant Class of Work. | week in the relevant Class of Work. | ||
+ | |||
2.17 Arrangements must be in place to ensure that each Supervisor is able to | 2.17 Arrangements must be in place to ensure that each Supervisor is able to | ||
conduct their role effectively including, but not limited to, the following: | conduct their role effectively including, but not limited to, the following: | ||
+ | |||
(a) designating time to conduct supervision of each Designated Fee | (a) designating time to conduct supervision of each Designated Fee | ||
Earner or Caseworker; | Earner or Caseworker; | ||
+ | |||
(b) designating time to be in Offices where Contract Work is being | (b) designating time to be in Offices where Contract Work is being | ||
conducted; and | conducted; and | ||
+ | |||
(c) ensuring that the level of supervision provided reflects the skills, | (c) ensuring that the level of supervision provided reflects the skills, | ||
knowledge and experience of the individual Designated Fee Earner | knowledge and experience of the individual Designated Fee Earner | ||
or Caseworker. | or Caseworker. | ||
+ | |||
2.18 Each Supervisor must conduct file reviews for each Designated Fee Earner | 2.18 Each Supervisor must conduct file reviews for each Designated Fee Earner | ||
or Caseworker they supervise. The number of file reviews must reflect the | or Caseworker they supervise. The number of file reviews must reflect the | ||
Line 571: | Line 644: | ||
record the outcome of file reviews, together with the details of corrective | record the outcome of file reviews, together with the details of corrective | ||
action taken (if any). | action taken (if any). | ||
+ | |||
2.19 Where a Designated Fee Earner or Caseworker undertakes Contract Work | 2.19 Where a Designated Fee Earner or Caseworker undertakes Contract Work | ||
in a location other than where their Supervisor is based, the Supervisor | in a location other than where their Supervisor is based, the Supervisor | ||
Line 576: | Line 650: | ||
calendar month. | calendar month. | ||
Supervisor qualification: Criminal Investigations and Criminal Proceedings | Supervisor qualification: Criminal Investigations and Criminal Proceedings | ||
- | February 2017 | + | |
- | 152.20 Each Supervisor must during the Contract Period, have in the previous 12 | + | 2.20 Each Supervisor must during the Contract Period, have in the previous 12 |
months undertaken at least 350 hours of direct casework which may | months undertaken at least 350 hours of direct casework which may | ||
include direct (documented) supervision. Where a Supervisor works part- | include direct (documented) supervision. Where a Supervisor works part- | ||
time this requirement is to be read as 1050 hours of direct casework which | time this requirement is to be read as 1050 hours of direct casework which | ||
may include direct (documented) supervision in the previous five years. | may include direct (documented) supervision in the previous five years. | ||
+ | |||
2.21 All Supervisors must have the following: | 2.21 All Supervisors must have the following: | ||
+ | |||
(a) CLAS; and | (a) CLAS; and | ||
+ | |||
(b) a current non-conditional practising certificate for the previous three | (b) a current non-conditional practising certificate for the previous three | ||
years; and | years; and | ||
+ | |||
(c) at any time during the Contract, in the previous 12 months have | (c) at any time during the Contract, in the previous 12 months have | ||
undertaken a minimum of six Police Station Advice and Assistance | undertaken a minimum of six Police Station Advice and Assistance | ||
cases (of which no more than two can be Police Station Telephone | cases (of which no more than two can be Police Station Telephone | ||
Advice where there is no subsequent Police Station attendance); and | Advice where there is no subsequent Police Station attendance); and | ||
+ | |||
(d) at any time during the Contract, in the previous 12 months have | (d) at any time during the Contract, in the previous 12 months have | ||
undertaken: | undertaken: | ||
+ | |||
(i) a minimum of 20 magistrates’ court Representations and | (i) a minimum of 20 magistrates’ court Representations and | ||
advocacy (which may include Representation of a Client during | advocacy (which may include Representation of a Client during | ||
a magistrates’ court Duty session with one session counting as | a magistrates’ court Duty session with one session counting as | ||
one Representation only); or | one Representation only); or | ||
+ | |||
(ii) undertaken | (ii) undertaken | ||
a | a | ||
Line 608: | Line 689: | ||
court | court | ||
Court | Court | ||
+ | |||
Supervisor qualification: Prison Law | Supervisor qualification: Prison Law | ||
+ | |||
2.22 Each Supervisor must during the Contract Period, have in the previous 12 | 2.22 Each Supervisor must during the Contract Period, have in the previous 12 | ||
months undertaken at least 350 hours of direct casework which may | months undertaken at least 350 hours of direct casework which may | ||
Line 614: | Line 697: | ||
time this requirement is to be read as 1050 hours of direct casework which | time this requirement is to be read as 1050 hours of direct casework which | ||
may include direct (documented) supervision in the previous five years. | may include direct (documented) supervision in the previous five years. | ||
+ | |||
2.23 To substitute another Prison Law Supervisor under this Contract, your new | 2.23 To substitute another Prison Law Supervisor under this Contract, your new | ||
Prison Law Supervisor must have in the previous 12 months undertaken at | Prison Law Supervisor must have in the previous 12 months undertaken at | ||
Line 621: | Line 705: | ||
(documented) supervision in the previous five years and meet the | (documented) supervision in the previous five years and meet the | ||
requirement in Paragraph 2.24. | requirement in Paragraph 2.24. | ||
+ | |||
2.24 All Supervisors must have, in the previous 12 months, undertaken a | 2.24 All Supervisors must have, in the previous 12 months, undertaken a | ||
minimum of four Representations for four Clients before the Parole Board | minimum of four Representations for four Clients before the Parole Board | ||
or the Independent Adjudicator/Prison Governor. | or the Independent Adjudicator/Prison Governor. | ||
+ | |||
2.25 A Supervisor in the Prison Law Class does not have to be legally qualified. | 2.25 A Supervisor in the Prison Law Class does not have to be legally qualified. | ||
However, he or she must meet the Supervisor standards in this | However, he or she must meet the Supervisor standards in this | ||
Specification. | Specification. | ||
+ | |||
Supervisor qualification: Appeals and Reviews | Supervisor qualification: Appeals and Reviews | ||
+ | |||
2.26 | 2.26 | ||
Each Supervisor must: | Each Supervisor must: | ||
- | February 2017 | + | |
- | 16(a) have held a current non-conditional practising certificate for the | + | (a) have held a current non-conditional practising certificate for the |
previous three years; or | previous three years; or | ||
+ | |||
(b) during the Contract Period, have in the previous 12 months | (b) during the Contract Period, have in the previous 12 months | ||
undertaken at least 350 hours of direct casework which may include | undertaken at least 350 hours of direct casework which may include | ||
Line 639: | Line 728: | ||
which may include direct (documented) supervision in the previous | which may include direct (documented) supervision in the previous | ||
five years | five years | ||
+ | |||
Temporary Supervisor absence | Temporary Supervisor absence | ||
+ | |||
2.27 | 2.27 | ||
+ | |||
2.28 | 2.28 | ||
If your Supervisor is for any reason temporarily unable to act as such you | If your Supervisor is for any reason temporarily unable to act as such you | ||
may for a period of up to six weeks, either: | may for a period of up to six weeks, either: | ||
+ | |||
(a) nominate an employed Designated Fee Earner or Caseworker who | (a) nominate an employed Designated Fee Earner or Caseworker who | ||
does not meet all the Supervisor standards set out in this Section to | does not meet all the Supervisor standards set out in this Section to | ||
supervise; or | supervise; or | ||
+ | |||
(b) nominate an external Supervisor to supervise. | (b) nominate an external Supervisor to supervise. | ||
If you estimate that your Supervisor may be unable to supervise for more | If you estimate that your Supervisor may be unable to supervise for more | ||
Line 653: | Line 747: | ||
Supervision, you must immediately inform us and we will decide at our | Supervision, you must immediately inform us and we will decide at our | ||
discretion what appropriate action to take. This may include: | discretion what appropriate action to take. This may include: | ||
+ | |||
(a) extending the use of an employed Designated Fee Earner or | (a) extending the use of an employed Designated Fee Earner or | ||
Caseworker as Supervisor for a limited period; | Caseworker as Supervisor for a limited period; | ||
+ | |||
(b) formalising the external Supervision arrangement for a limited | (b) formalising the external Supervision arrangement for a limited | ||
period; | period; | ||
+ | |||
(c) by written notice specifying that you must put in place another | (c) by written notice specifying that you must put in place another | ||
employed Supervisor by such period as the notice specifies; or | employed Supervisor by such period as the notice specifies; or | ||
Line 680: | Line 777: | ||
jobs, and lines of responsibility. This must cover all Designated Fee Earners | jobs, and lines of responsibility. This must cover all Designated Fee Earners | ||
and must show: | and must show: | ||
+ | |||
(a) whether the fee-earner is a Duty Solicitor, Solicitor, an Accredited | (a) whether the fee-earner is a Duty Solicitor, Solicitor, an Accredited | ||
Representative, a Probationary Representative or other non-Solicitor | Representative, a Probationary Representative or other non-Solicitor | ||
personnel; and | personnel; and | ||
+ | |||
(b) any fee-earner codings or PIN numbers used by them. | (b) any fee-earner codings or PIN numbers used by them. | ||
+ | |||
2.33 Where any Designated Fee Earner is a Duty Solicitor, you must maintain | 2.33 Where any Designated Fee Earner is a Duty Solicitor, you must maintain | ||
evidence of compliance with the Duty Solicitor rules in Section 6. | evidence of compliance with the Duty Solicitor rules in Section 6. | ||
+ | |||
2.34 Where a Designated Fee Earner is an Accredited Representative, you must | 2.34 Where a Designated Fee Earner is an Accredited Representative, you must | ||
maintain a record of the evidence of compliance with the requirements | maintain a record of the evidence of compliance with the requirements | ||
needed to maintain Accredited Representative status. | needed to maintain Accredited Representative status. | ||
+ | |||
2.35 The information required in Paragraphs 2.32 to 2.34 above must be | 2.35 The information required in Paragraphs 2.32 to 2.34 above must be | ||
retained on a personnel file for each Designated Fee Earner. Alternatively, | retained on a personnel file for each Designated Fee Earner. Alternatively, | ||
you must retain the information for all staff together in a single location. | you must retain the information for all staff together in a single location. | ||
+ | |||
2.36 You must designate all fee earners who regularly undertake Contract Work | 2.36 You must designate all fee earners who regularly undertake Contract Work | ||
under this Contract for you. For the purposes of designation only, when | under this Contract for you. For the purposes of designation only, when | ||
Line 700: | Line 803: | ||
occasionally undertake a limited amount of work i.e. less than three hours | occasionally undertake a limited amount of work i.e. less than three hours | ||
a month. | a month. | ||
+ | |||
2.37 You must designate all Supervisors that carry out Contract Work, Filex | 2.37 You must designate all Supervisors that carry out Contract Work, Filex | ||
Supervisors, Duty Solicitors, Accredited Representatives and Probationary | Supervisors, Duty Solicitors, Accredited Representatives and Probationary | ||
Representatives employed by you. | Representatives employed by you. | ||
+ | |||
2.38 You may designate fee-earners not employed by you but whom you | 2.38 You may designate fee-earners not employed by you but whom you | ||
instruct regularly. | instruct regularly. | ||
Percentage of Contract Work that must be performed by Designated Fee | Percentage of Contract Work that must be performed by Designated Fee | ||
Earners | Earners | ||
+ | |||
2.39 | 2.39 | ||
+ | |||
2.40 | 2.40 | ||
In relation to Contract Work we require: | In relation to Contract Work we require: | ||
+ | |||
(a) 80% of instances of Police Station Advice and Assistance (both | (a) 80% of instances of Police Station Advice and Assistance (both | ||
attendances and telephone advice) to be conducted by Designated | attendances and telephone advice) to be conducted by Designated | ||
Fee Earners; and | Fee Earners; and | ||
+ | |||
(b) 50% of instances of Advocacy Assistance or Representation at the | (b) 50% of instances of Advocacy Assistance or Representation at the | ||
magistrates’ court to be conducted by Designated Fee Earners. | magistrates’ court to be conducted by Designated Fee Earners. | ||
Line 719: | Line 828: | ||
do so until the number of equivalent cases undertaken or reported is at | do so until the number of equivalent cases undertaken or reported is at | ||
least 20. | least 20. | ||
+ | |||
Office requirements | Office requirements | ||
+ | |||
2.41 | 2.41 | ||
Your Offices are specified in your Schedule. Your Schedule will confirm if | Your Offices are specified in your Schedule. Your Schedule will confirm if | ||
Line 726: | Line 837: | ||
182.42 Each Office specified in your Schedule must be located in England or | 182.42 Each Office specified in your Schedule must be located in England or | ||
Wales. | Wales. | ||
+ | |||
2.43 You must ensure that there are arrangements in place to ensure | 2.43 You must ensure that there are arrangements in place to ensure | ||
compliance with appropriate standards of supervision at an equivalent level | compliance with appropriate standards of supervision at an equivalent level | ||
to that outlined in the Relevant Professional Body’s code of conduct. | to that outlined in the Relevant Professional Body’s code of conduct. | ||
Individual Office requirements | Individual Office requirements | ||
+ | |||
2.44 | 2.44 | ||
Each of your Offices (of which you must have at least one) must: | Each of your Offices (of which you must have at least one) must: | ||
+ | |||
(a) satisfy any professional requirements of your regulator and be | (a) satisfy any professional requirements of your regulator and be | ||
registered as appropriate; | registered as appropriate; | ||
+ | |||
(b) provide you with a constant right of access at any point during | (b) provide you with a constant right of access at any point during | ||
Business Hours; | Business Hours; | ||
+ | |||
(c) be open and accessible to Clients, prospective Clients and other | (c) be open and accessible to Clients, prospective Clients and other | ||
interested parties during normal Business Hours on each Business | interested parties during normal Business Hours on each Business | ||
Line 742: | Line 858: | ||
purpose of arranging appointments and other meetings and where | purpose of arranging appointments and other meetings and where | ||
appropriate arranging advice in emergency cases; | appropriate arranging advice in emergency cases; | ||
+ | |||
(d) be able to arrange Client appointments during Business Hours | (d) be able to arrange Client appointments during Business Hours | ||
(subject to personnel availability); | (subject to personnel availability); | ||
+ | |||
(e) contain suitable facilities to interview Clients, witnesses and any | (e) contain suitable facilities to interview Clients, witnesses and any | ||
other persons in a private interview room; | other persons in a private interview room; | ||
(f) contain sufficient infrastructure to enable you to deliver Contract | (f) contain sufficient infrastructure to enable you to deliver Contract | ||
Work; and | Work; and | ||
+ | |||
(g) meet any relevant health and safety standards, quality standards, | (g) meet any relevant health and safety standards, quality standards, | ||
service standards together with additional standards set out in this | service standards together with additional standards set out in this | ||
Contract. | Contract. | ||
+ | |||
+ | |||
Storage of confidential information. | Storage of confidential information. | ||
+ | |||
2.45 | 2.45 | ||
Every Office which is used for the storage of confidential information such | Every Office which is used for the storage of confidential information such | ||
Line 757: | Line 879: | ||
Aid Legislation and your professional obligations. | Aid Legislation and your professional obligations. | ||
Shared and serviced Offices | Shared and serviced Offices | ||
+ | |||
2.46 | 2.46 | ||
Where you operate an Office in a shared building such as another legal | Where you operate an Office in a shared building such as another legal | ||
Line 765: | Line 888: | ||
notice on you terminating your Contract; | notice on you terminating your Contract; | ||
Contacting your Office(s) | Contacting your Office(s) | ||
+ | |||
2.47 | 2.47 | ||
During Business Hours Clients or prospective Clients who telephone must | During Business Hours Clients or prospective Clients who telephone must | ||
be able to arrange appointments and other meetings and where | be able to arrange appointments and other meetings and where | ||
appropriate arranging advice in emergency cases. | appropriate arranging advice in emergency cases. | ||
- | February 2017 | + | |
- | 192.48 During non-Business Hours Clients or prospective Clients who telephone | + | 2.48 During non-Business Hours Clients or prospective Clients who telephone |
must be able to access information about opening hours and who to | must be able to access information about opening hours and who to | ||
contact in an emergency. This may be by use of a voice mail message | contact in an emergency. This may be by use of a voice mail message | ||
system. | system. | ||
+ | |||
2.49 You may operate a single or central contact number regardless of the | 2.49 You may operate a single or central contact number regardless of the | ||
number of Offices you maintain. | number of Offices you maintain. | ||
+ | |||
2.50 You may not use premium rate numbers. | 2.50 You may not use premium rate numbers. | ||
+ | |||
2.51 You must be contactable (through a reasonable medium) at any time by | 2.51 You must be contactable (through a reasonable medium) at any time by | ||
the DSCC for the purpose of notification of Own Client matters or receipt of | the DSCC for the purpose of notification of Own Client matters or receipt of | ||
instructions. | instructions. | ||
+ | |||
Excluded Arrangements | Excluded Arrangements | ||
+ | |||
2.52 | 2.52 | ||
The following locations do not constitute an Office for the purposes of this | The following locations do not constitute an Office for the purposes of this | ||
Contract: | Contract: | ||
+ | |||
(a) hotels; | (a) hotels; | ||
+ | |||
(b) vehicles; | (b) vehicles; | ||
+ | |||
(c) residential property; | (c) residential property; | ||
+ | |||
(d) virtual offices or any such similar arrangement whereby all | (d) virtual offices or any such similar arrangement whereby all | ||
communication (written, electronic or by telephone) is referred to | communication (written, electronic or by telephone) is referred to | ||
another location; | another location; | ||
+ | |||
(e) serviced premises, shared premises or similar where you do not have | (e) serviced premises, shared premises or similar where you do not have | ||
exclusive use of a designated space meeting the requirements of | exclusive use of a designated space meeting the requirements of | ||
Paragraph 2.44; or | Paragraph 2.44; or | ||
+ | |||
(f) serviced premises, shared premises or similar which are not staffed | (f) serviced premises, shared premises or similar which are not staffed | ||
by a representative of your organisation (whether employed by you | by a representative of your organisation (whether employed by you | ||
Line 798: | Line 933: | ||
where appropriate arranging advice in emergency cases. | where appropriate arranging advice in emergency cases. | ||
Office Moves | Office Moves | ||
+ | |||
2.53 You must ask for our consent under Clause 13 of the Standard Terms if | 2.53 You must ask for our consent under Clause 13 of the Standard Terms if | ||
you propose to relocate any Office outside the postcode area(s) listed in | you propose to relocate any Office outside the postcode area(s) listed in | ||
your Schedule during the life of this Contract. If we consent, we will update | your Schedule during the life of this Contract. If we consent, we will update | ||
your Schedule to show your new Office address. | your Schedule to show your new Office address. | ||
+ | |||
2.54 If we give our consent: | 2.54 If we give our consent: | ||
+ | |||
(a) we will update your Schedule to show your new Office address; | (a) we will update your Schedule to show your new Office address; | ||
+ | |||
(b) we will remove you from membership of any Duty Schemes you are | (b) we will remove you from membership of any Duty Schemes you are | ||
no longer eligible for by virtue of your new Office address; | no longer eligible for by virtue of your new Office address; | ||
+ | |||
(c) you will only remain eligible for Duty Schemes you joined by virtue of | (c) you will only remain eligible for Duty Schemes you joined by virtue of | ||
your original Office address where your new Office address is also | your original Office address where your new Office address is also | ||
within the geographical ambit of that Scheme; and | within the geographical ambit of that Scheme; and | ||
+ | |||
(d) you will not be eligible to join any additional or new Duty Scheme by | (d) you will not be eligible to join any additional or new Duty Scheme by | ||
virtue of your new Office address. | virtue of your new Office address. | ||
- | February 2017 | + | |
- | 20Referral arrangements | + | Referral arrangements |
2.55 | 2.55 | ||
You must have appropriate arrangements in operation so that you can | You must have appropriate arrangements in operation so that you can | ||
refer a Client or potential Client to another Provider where: | refer a Client or potential Client to another Provider where: | ||
+ | |||
(a) you do not provide the services that the Client requires; | (a) you do not provide the services that the Client requires; | ||
+ | |||
(b) you have so much work that you are unable to provide appropriate | (b) you have so much work that you are unable to provide appropriate | ||
services to a Client within a reasonable time; | services to a Client within a reasonable time; | ||
+ | |||
(c) there is a conflict of interest between two or more Clients or potential | (c) there is a conflict of interest between two or more Clients or potential | ||
Clients wishing to access your services; or | Clients wishing to access your services; or | ||
+ | |||
(d) you are required to make a referral under the professional conduct | (d) you are required to make a referral under the professional conduct | ||
rules of your Relevant Professional Body. | rules of your Relevant Professional Body. | ||
+ | |||
2.56 If you need to refer a Client after you already have an established Client | 2.56 If you need to refer a Client after you already have an established Client | ||
relationship, have undertaken work on a current case or hold case | relationship, have undertaken work on a current case or hold case | ||
Line 1494: | Line 1641: | ||
based Office instructs an Office outside London to act as Agent, the | based Office instructs an Office outside London to act as Agent, the | ||
national rates apply to the Agent’s work. | national rates apply to the Agent’s work. | ||
+ | |||
Time standards | Time standards | ||
+ | |||
5.6 For the purposes of claiming under this Specification, you must calculate | 5.6 For the purposes of claiming under this Specification, you must calculate | ||
the cost of Contract Work in six minute units with numbers of letters | the cost of Contract Work in six minute units with numbers of letters | ||
written and telephone calls made or received calculated by reference to the | written and telephone calls made or received calculated by reference to the | ||
appropriate remuneration rate. | appropriate remuneration rate. | ||
+ | |||
5.7 When your Claims are assessed, the test for the Assessor determining a | 5.7 When your Claims are assessed, the test for the Assessor determining a | ||
Claim is whether the work appears to have been reasonably done and the | Claim is whether the work appears to have been reasonably done and the | ||
time as claimed (excluding time spent on routine letters and calls) is | time as claimed (excluding time spent on routine letters and calls) is | ||
reasonable. | reasonable. | ||
+ | |||
Upper Limits on Claims | Upper Limits on Claims | ||
+ | |||
5.8 You may Claim Contract Work only up to the amount of any Upper Limit | 5.8 You may Claim Contract Work only up to the amount of any Upper Limit | ||
set out in the Criminal Remuneration Regulations. Representation Orders | set out in the Criminal Remuneration Regulations. Representation Orders | ||
Line 1514: | Line 1666: | ||
Paragraphs 5.6 and 5.7 and any relevant provisions in the Costs | Paragraphs 5.6 and 5.7 and any relevant provisions in the Costs | ||
Assessment Manual will be applied on Assessment. | Assessment Manual will be applied on Assessment. | ||
+ | |||
5.9 You will not be paid more than the Upper Limit unless that limit has | 5.9 You will not be paid more than the Upper Limit unless that limit has | ||
previously been extended by us in accordance with the provisions of this | previously been extended by us in accordance with the provisions of this | ||
Specification (or in the case of Associated Civil Work, the provisions of the | Specification (or in the case of Associated Civil Work, the provisions of the | ||
current civil Specification). | current civil Specification). | ||
+ | |||
5.10 An application for authority to exceed the Upper Limit must be made to us | 5.10 An application for authority to exceed the Upper Limit must be made to us | ||
on a form specified by us. | on a form specified by us. | ||
+ | |||
5.11 In order that we can monitor high cost matters you must not exceed the | 5.11 In order that we can monitor high cost matters you must not exceed the | ||
Upper Limit without our authority. The Director may grant or refuse such | Upper Limit without our authority. The Director may grant or refuse such | ||
authority on our behalf. If authority is granted, the Director will set a new | authority on our behalf. If authority is granted, the Director will set a new | ||
- | February 2017 | + | Upper Limit on the Matter, above which payment will not be made unless |
- | 36Upper Limit on the Matter, above which payment will not be made unless | + | |
you have applied for and been granted further authority. | you have applied for and been granted further authority. | ||
+ | |||
5.12 Authority will not be granted by the Director unless the work carried out to | 5.12 Authority will not be granted by the Director unless the work carried out to | ||
date and the further work proposed is reasonable in accordance with the | date and the further work proposed is reasonable in accordance with the | ||
Contract Guide and the Sufficient Benefit Test (where applicable) and any | Contract Guide and the Sufficient Benefit Test (where applicable) and any | ||
other relevant Qualifying Criteria continue to be satisfied. | other relevant Qualifying Criteria continue to be satisfied. | ||
+ | |||
5.13 Extensions cannot be granted retrospectively. When circumstances change | 5.13 Extensions cannot be granted retrospectively. When circumstances change | ||
such that it is necessary to carry out substantively different work from that | such that it is necessary to carry out substantively different work from that | ||
envisaged in the extension granted, a separate extension will need to be | envisaged in the extension granted, a separate extension will need to be | ||
considered. | considered. | ||
+ | |||
5.14 Where the Sufficient Benefit Test applies to a Unit of Work, you must | 5.14 Where the Sufficient Benefit Test applies to a Unit of Work, you must | ||
reapply the Sufficient Benefit Test before any extension is sought in | reapply the Sufficient Benefit Test before any extension is sought in | ||
relation to that Unit of Work. | relation to that Unit of Work. | ||
+ | |||
5.15 If authority is granted to exceed the Upper Limit you may claim at the | 5.15 If authority is granted to exceed the Upper Limit you may claim at the | ||
appropriate payment rate in the Criminal Remuneration Regulations for the | appropriate payment rate in the Criminal Remuneration Regulations for the | ||
Line 1542: | Line 1700: | ||
Benefit Test (where it applies), up to a maximum of the amount authorised | Benefit Test (where it applies), up to a maximum of the amount authorised | ||
by us in the particular Matter or Case. | by us in the particular Matter or Case. | ||
+ | |||
5.16 If we refuse to grant an extension to the Upper Limit, a right of review | 5.16 If we refuse to grant an extension to the Upper Limit, a right of review | ||
arises to an Independent Funding Adjudicator in accordance with Section 3. | arises to an Independent Funding Adjudicator in accordance with Section 3. | ||
+ | |||
5.17 The Upper Limits set by us may vary according to the type of Contract | 5.17 The Upper Limits set by us may vary according to the type of Contract | ||
Work provided by individual Providers. | Work provided by individual Providers. | ||
+ | |||
5.18 The Upper Limits set out in the Criminal Remuneration Regulations are | 5.18 The Upper Limits set out in the Criminal Remuneration Regulations are | ||
inclusive of profit costs, Disbursements and Counsel’s fees properly | inclusive of profit costs, Disbursements and Counsel’s fees properly | ||
incurred by you in connection with the Contract Work, but exclusive of | incurred by you in connection with the Contract Work, but exclusive of | ||
VAT. | VAT. | ||
+ | |||
5.19 You will not be paid under this Contract for any work undertaken in excess | 5.19 You will not be paid under this Contract for any work undertaken in excess | ||
of the upper limit if an extension has not been obtained. Where an | of the upper limit if an extension has not been obtained. Where an | ||
Line 1558: | Line 1720: | ||
justify the unanticipated work as reasonable. This is an issue for | justify the unanticipated work as reasonable. This is an issue for | ||
determination on Assessment. | determination on Assessment. | ||
+ | |||
Monthly Payments | Monthly Payments | ||
- | 5.20 | + | 5.20 Subject to Paragraphs 5.21 and 5.22 we will make Monthly Payments in |
- | Subject to Paragraphs 5.21 and 5.22 we will make Monthly Payments in | + | |
respect of the following Contract Work in accordance with the Monthly | respect of the following Contract Work in accordance with the Monthly | ||
Payment Protocol: | Payment Protocol: | ||
+ | |||
(a) in the Criminal Investigations Class of Work, all Units of Work; | (a) in the Criminal Investigations Class of Work, all Units of Work; | ||
+ | |||
(b) in the Criminal Proceedings Class of Work, all Units of Work including | (b) in the Criminal Proceedings Class of Work, all Units of Work including | ||
Crown Court Representation in Prescribed Proceedings or as specified | Crown Court Representation in Prescribed Proceedings or as specified | ||
in Paragraph 10.132 or 11.62, but excluding Crown Court | in Paragraph 10.132 or 11.62, but excluding Crown Court | ||
Representation where the payment is governed by the Criminal | Representation where the payment is governed by the Criminal | ||
+ | |||
Remuneration Regulations; | Remuneration Regulations; | ||
- | February 2017 | + | |
37(c) in the Appeals and Reviews Class, all Units of Work except for | 37(c) in the Appeals and Reviews Class, all Units of Work except for | ||
Representation under a Representation Order; | Representation under a Representation Order; | ||
Line 1915: | Line 2080: | ||
Police Station Duty Scheme membership: London CJS Area | Police Station Duty Scheme membership: London CJS Area | ||
February 2017 | February 2017 | ||
+ | |||
446.11 Duty Solicitors undertaking Duty Solicitor work from an Office in the | 446.11 Duty Solicitors undertaking Duty Solicitor work from an Office in the | ||
London CJS Area must join the Duty Scheme (as set out in the Duty | London CJS Area must join the Duty Scheme (as set out in the Duty | ||
Solicitor Postcode Tool) related to the London Borough in which that Office | Solicitor Postcode Tool) related to the London Borough in which that Office | ||
is situated. | is situated. | ||
+ | |||
6.12 A Duty Solicitor may also apply to join the additional Duty Scheme(s) | 6.12 A Duty Solicitor may also apply to join the additional Duty Scheme(s) | ||
linked (as set out in the Duty Solicitor Postcode Tool) to the London | linked (as set out in the Duty Solicitor Postcode Tool) to the London | ||
Borough in which the relevant Office is situated. | Borough in which the relevant Office is situated. | ||
Magistrates’ court Duty Scheme Membership; London CJS Area | Magistrates’ court Duty Scheme Membership; London CJS Area | ||
+ | |||
6.13 Duty Solicitors undertaking magistrates’ court Duty Solicitor work from an | 6.13 Duty Solicitors undertaking magistrates’ court Duty Solicitor work from an | ||
Office in the London CJS Area must join the Duty Scheme (as set out in the | Office in the London CJS Area must join the Duty Scheme (as set out in the | ||
Duty Solicitor Postcode Tool) related to the London Borough in which that | Duty Solicitor Postcode Tool) related to the London Borough in which that | ||
Office is situated. | Office is situated. | ||
+ | |||
6.14 A Duty Solicitor may also apply to join a maximum of one additional | 6.14 A Duty Solicitor may also apply to join a maximum of one additional | ||
magistrates’ court Duty Scheme linked (as set out in the Duty Solicitor | magistrates’ court Duty Scheme linked (as set out in the Duty Solicitor | ||
Line 1932: | Line 2101: | ||
situated and any associated youth court Duty Schemes. | situated and any associated youth court Duty Schemes. | ||
Competence Requirements for becoming a Duty Solicitor | Competence Requirements for becoming a Duty Solicitor | ||
+ | |||
6.15 You must ensure that your Duty Solicitors are competent and suitably | 6.15 You must ensure that your Duty Solicitors are competent and suitably | ||
qualified in accordance with the provisions of this Contract to undertake | qualified in accordance with the provisions of this Contract to undertake | ||
Duty Solicitor work and you must maintain a Record of the evidence of | Duty Solicitor work and you must maintain a Record of the evidence of | ||
compliance with the requirements needed to maintain Duty Solicitor status. | compliance with the requirements needed to maintain Duty Solicitor status. | ||
+ | |||
6.16 We will verify that your Duty Solicitors are competent to undertake Duty | 6.16 We will verify that your Duty Solicitors are competent to undertake Duty | ||
Solicitor work by checking their Accreditation (when we consider it is | Solicitor work by checking their Accreditation (when we consider it is | ||
appropriate to do so). | appropriate to do so). | ||
+ | |||
6.17 You must notify us, using form CRM12, of the Office from which your Duty | 6.17 You must notify us, using form CRM12, of the Office from which your Duty | ||
Solicitor(s) work. You may only notify us of one such Office for each Duty | Solicitor(s) work. You may only notify us of one such Office for each Duty | ||
Line 1944: | Line 2116: | ||
Agent or a locum by another Provider or undertaking Contract Work for | Agent or a locum by another Provider or undertaking Contract Work for | ||
you from any other Offices you may have. | you from any other Offices you may have. | ||
+ | |||
6.18 Your Duty Solicitors must serve on the Police Station and the magistrates’ | 6.18 Your Duty Solicitors must serve on the Police Station and the magistrates’ | ||
court Schemes, for which you are a member. | court Schemes, for which you are a member. | ||
+ | |||
6.19 Your Duty Solicitors must also serve on Virtual Court Duty Schemes for | 6.19 Your Duty Solicitors must also serve on Virtual Court Duty Schemes for | ||
which you are a member. | which you are a member. | ||
+ | |||
6.20 Your Duty Solicitors (and any Accredited Representatives used by your | 6.20 Your Duty Solicitors (and any Accredited Representatives used by your | ||
Duty Solicitors) must not be special constables. | Duty Solicitors) must not be special constables. | ||
Employment status of Duty Solicitors Engaged by you | Employment status of Duty Solicitors Engaged by you | ||
- | 6.21 | + | |
- | Duty Solicitors may be either your employees or self-employed persons or | + | 6.21 Duty Solicitors may be either your employees or self-employed persons or |
seconded from another organisation etc, however, they must in all cases | seconded from another organisation etc, however, they must in all cases | ||
be Engaged by you and comply with the requirements of Paragraphs 6.22 | be Engaged by you and comply with the requirements of Paragraphs 6.22 | ||
to 6.25. | to 6.25. | ||
+ | |||
Engagement of Duty Solicitors and continued entitlement to retain Duty | Engagement of Duty Solicitors and continued entitlement to retain Duty | ||
Slots and deploy Duty Solicitors | Slots and deploy Duty Solicitors | ||
February 2017 | February 2017 | ||
+ | |||
456.22 | 456.22 | ||
Your entitlement to deploy Duty Solicitors to undertake Duty Solicitor work | Your entitlement to deploy Duty Solicitors to undertake Duty Solicitor work | ||
Line 1989: | Line 2166: | ||
attendances (excluding telephone advice) on no less than four Duty | attendances (excluding telephone advice) on no less than four Duty | ||
Slots allocated by us in that Duty Solicitor’s name. | Slots allocated by us in that Duty Solicitor’s name. | ||
+ | |||
6.23 Subject to Paragraph 6.24, all Duty Solicitors you use to obtain Duty Slots | 6.23 Subject to Paragraph 6.24, all Duty Solicitors you use to obtain Duty Slots | ||
must undertake a minimum of 14 hours’ Contract Work for you per week | must undertake a minimum of 14 hours’ Contract Work for you per week | ||
from the Office for which those Duty Slots have been obtained. | from the Office for which those Duty Slots have been obtained. | ||
+ | |||
6.24 The 14 hours’ requirement in Paragraph 6.23 will be measured on a rolling | 6.24 The 14 hours’ requirement in Paragraph 6.23 will be measured on a rolling | ||
monthly basis to accommodate different working patterns. | monthly basis to accommodate different working patterns. | ||
+ | |||
6.25 You may retain Duty Slots allocated in respect of Duty Solicitors where the | 6.25 You may retain Duty Slots allocated in respect of Duty Solicitors where the | ||
named Duty Solicitor is: | named Duty Solicitor is: | ||
+ | |||
6.26 | 6.26 | ||
(a) absent as a result of a period of maternity or paternity leave up to a | (a) absent as a result of a period of maternity or paternity leave up to a | ||
Line 2052: | Line 2233: | ||
allocated in respect of that Duty Solicitor at the conclusion of that specified | allocated in respect of that Duty Solicitor at the conclusion of that specified | ||
period in accordance with Paragraphs 6.47 to 6.49. | period in accordance with Paragraphs 6.47 to 6.49. | ||
- | February 2017 | + | |
- | 476.34 | + | 6.34 |
Where we receive notification of any of the events specified in Paragraphs | Where we receive notification of any of the events specified in Paragraphs | ||
6.29(d), (e) and (f) we will decide whether that Duty Solicitor should be | 6.29(d), (e) and (f) we will decide whether that Duty Solicitor should be | ||
excluded or suspended from acting as a Duty Solicitor. | excluded or suspended from acting as a Duty Solicitor. | ||
Duty Solicitors joining your organisation | Duty Solicitors joining your organisation | ||
+ | |||
6.35 If you wish to add new Duty Solicitors to Schemes you are a member of | 6.35 If you wish to add new Duty Solicitors to Schemes you are a member of | ||
you must apply for them to undertake Duty Solicitor work by completing a | you must apply for them to undertake Duty Solicitor work by completing a | ||
Line 2065: | Line 2247: | ||
and will result in you being allocated Duty Slots on that Scheme when | and will result in you being allocated Duty Slots on that Scheme when | ||
Rotas are next issued. | Rotas are next issued. | ||
+ | |||
6.36 New Duty Solicitors who are Engaged by you and for whom you submit a | 6.36 New Duty Solicitors who are Engaged by you and for whom you submit a | ||
CRM12 form may undertake Back-up work and cover Duty Slots already | CRM12 form may undertake Back-up work and cover Duty Slots already | ||
Line 2071: | Line 2254: | ||
added to the list of Panel members (if the Scheme is a Panel Scheme) only | added to the list of Panel members (if the Scheme is a Panel Scheme) only | ||
once you have received confirmation we have approved their application. | once you have received confirmation we have approved their application. | ||
+ | |||
6.37 You may not submit a CRM12 form or seek to obtain Duty Slots in respect | 6.37 You may not submit a CRM12 form or seek to obtain Duty Slots in respect | ||
of Duty Solicitors who: | of Duty Solicitors who: | ||
+ | |||
(a) will not be Engaged by you during the Rota period or who do not | (a) will not be Engaged by you during the Rota period or who do not | ||
meet the competence requirements in Paragraphs 6.15 to 6.20; or | meet the competence requirements in Paragraphs 6.15 to 6.20; or | ||
+ | |||
(b) are not habitually resident in England and Wales unless you have | (b) are not habitually resident in England and Wales unless you have | ||
received our express written approval to submit a CRM12 form; or | received our express written approval to submit a CRM12 form; or | ||
+ | |||
(c) notwithstanding any other | (c) notwithstanding any other | ||
payment for the use of their | payment for the use of their | ||
Line 2082: | Line 2269: | ||
your organisation and used | your organisation and used | ||
are commonly referred to as | are commonly referred to as | ||
+ | |||
(d) are temporary staff engaged to cover periods of maternity or | (d) are temporary staff engaged to cover periods of maternity or | ||
paternity leave of a Duty Solicitor of up to 12 months (because you | paternity leave of a Duty Solicitor of up to 12 months (because you | ||
will have access to Slots allocated in respect of that Duty Solicitor on | will have access to Slots allocated in respect of that Duty Solicitor on | ||
maternity or paternity leave); or | maternity or paternity leave); or | ||
+ | |||
(e) are temporary staff engaged to cover periods of sick leave of a Duty | (e) are temporary staff engaged to cover periods of sick leave of a Duty | ||
Solicitor you have used to obtain Duty Slots whilst you have the | Solicitor you have used to obtain Duty Slots whilst you have the | ||
Line 2098: | Line 2287: | ||
result of such a breach and payments made as a result shall be an | result of such a breach and payments made as a result shall be an | ||
“overpayment or mispayment” as defined in Clause 14. | “overpayment or mispayment” as defined in Clause 14. | ||
+ | |||
6.38 You must not submit a CRM12 for a Duty Solicitor during any period of his | 6.38 You must not submit a CRM12 for a Duty Solicitor during any period of his | ||
or her suspension or exclusion from Duty Scheme work. | or her suspension or exclusion from Duty Scheme work. | ||
+ | |||
6.39 Where a Duty Solicitor: | 6.39 Where a Duty Solicitor: | ||
(a) | (a) | ||
- | February 2017 | ||
is under investigation, faces an outstanding criminal charge or has | is under investigation, faces an outstanding criminal charge or has | ||
been convicted of a criminal offence which is not treated as spent | been convicted of a criminal offence which is not treated as spent | ||
under the Rehabilitation of Offenders Act 1974; or | under the Rehabilitation of Offenders Act 1974; or | ||
+ | |||
48(b) | 48(b) | ||
has been the subject of any adverse findings by the Adjudication | has been the subject of any adverse findings by the Adjudication | ||
Line 2113: | Line 2304: | ||
we may refuse the CRM12 for that Duty Solicitor, provided that we give | we may refuse the CRM12 for that Duty Solicitor, provided that we give | ||
you and the Duty Solicitor written reasons for our decision. | you and the Duty Solicitor written reasons for our decision. | ||
+ | |||
Approval of applications | Approval of applications | ||
+ | |||
6.40 | 6.40 | ||
Where we approve a CRM12, we will notify you and the Duty Solicitor | Where we approve a CRM12, we will notify you and the Duty Solicitor | ||
within 30 days of the date of receipt of the application. | within 30 days of the date of receipt of the application. | ||
Refusal of applications | Refusal of applications | ||
+ | |||
6.41 If we do not approve a CRM12 we will notify you and provide a statement | 6.41 If we do not approve a CRM12 we will notify you and provide a statement | ||
of reasons for the decision within 30 days of receipt of the application. If | of reasons for the decision within 30 days of receipt of the application. If | ||
Line 2123: | Line 2317: | ||
have that decision reviewed under the provisions of Clause 27 of the | have that decision reviewed under the provisions of Clause 27 of the | ||
Standard Terms. | Standard Terms. | ||
+ | |||
6.42 A refusal of an application under Paragraph 6.41 will be on the basis that | 6.42 A refusal of an application under Paragraph 6.41 will be on the basis that | ||
we do not have adequate evidence that the Duty Solicitor who is the | we do not have adequate evidence that the Duty Solicitor who is the | ||
Line 4398: | Line 4593: | ||
assigned under a Representation Order. Payment for Assigned Counsel is | assigned under a Representation Order. Payment for Assigned Counsel is | ||
dealt with below. | dealt with below. | ||
+ | |||
Items of Work covered by the Standard Fees | Items of Work covered by the Standard Fees | ||
+ | |||
10.79 | 10.79 | ||
The items of work included in the Designated and Undesignated Area | The items of work included in the Designated and Undesignated Area | ||
Line 4404: | Line 4601: | ||
the costs of any Advocacy Assistance required by this Contract to be | the costs of any Advocacy Assistance required by this Contract to be | ||
claimed under the Order: | claimed under the Order: | ||
+ | |||
(a) any preparation; | (a) any preparation; | ||
+ | |||
(b) routine letters written and routine telephone calls; | (b) routine letters written and routine telephone calls; | ||
+ | |||
(c) advocacy; | (c) advocacy; | ||
+ | |||
(d) work done by a fee-earner acting as Agent for the Solicitor named in | (d) work done by a fee-earner acting as Agent for the Solicitor named in | ||
the Representation Order; and | the Representation Order; and | ||
+ | |||
(e) Unassigned Counsel’s preparation and advocacy. | (e) Unassigned Counsel’s preparation and advocacy. | ||
+ | |||
10.80 Travel and waiting time cannot be claimed separately if you undertake a | 10.80 Travel and waiting time cannot be claimed separately if you undertake a | ||
Case in a Designated Area, or if your Office is in a Designated Area. | Case in a Designated Area, or if your Office is in a Designated Area. | ||
+ | |||
10.81 Where you act for more than one Client in proceedings forming a single | 10.81 Where you act for more than one Client in proceedings forming a single | ||
Case, the Claim for payment of a Standard Fee must cover all the Clients | Case, the Claim for payment of a Standard Fee must cover all the Clients | ||
represented by you under one or more Representation Orders. | represented by you under one or more Representation Orders. | ||
+ | |||
10.82 Where a Representation Order is issued to a Client in respect of more than | 10.82 Where a Representation Order is issued to a Client in respect of more than | ||
one charge, offence or information, the Claim for payment of a Standard | one charge, offence or information, the Claim for payment of a Standard | ||
Fee must cover all the charges, offences or information that form part of | Fee must cover all the charges, offences or information that form part of | ||
one Case. | one Case. | ||
+ | |||
Costs additional to the Standard Fees | Costs additional to the Standard Fees | ||
+ | |||
10.83 | 10.83 | ||
The following costs are payable by us in addition to the Undesignated Area | The following costs are payable by us in addition to the Undesignated Area | ||
Standard Fee: | Standard Fee: | ||
+ | |||
(a) | (a) | ||
- | February 2017 | ||
reasonable travelling and waiting time of fee-earners and unassigned | reasonable travelling and waiting time of fee-earners and unassigned | ||
Counsel, which is payable at the rate provided in the Hourly Rates | Counsel, which is payable at the rate provided in the Hourly Rates | ||
table in the Criminal Remuneration Regulations; and | table in the Criminal Remuneration Regulations; and | ||
+ | |||
102(b) | 102(b) | ||
+ | |||
Disbursements. | Disbursements. | ||
+ | |||
10.84 Disbursements are payable by us in addition to the Designated Area | 10.84 Disbursements are payable by us in addition to the Designated Area | ||
Standard Fee. | Standard Fee. | ||
+ | |||
10.85 Travelling and waiting time of fee-earners and Unassigned Counsel is not | 10.85 Travelling and waiting time of fee-earners and Unassigned Counsel is not | ||
payable by us in addition to any Designated Area Standard Fee or in | payable by us in addition to any Designated Area Standard Fee or in | ||
respect of any Designated Area non-Standard Fee. | respect of any Designated Area non-Standard Fee. | ||
+ | |||
10.86 The rules for claiming travel and waiting are set out in Section 5. | 10.86 The rules for claiming travel and waiting are set out in Section 5. | ||
+ | |||
10.87 You must record all waiting time of fee-earners and Unassigned Counsel in | 10.87 You must record all waiting time of fee-earners and Unassigned Counsel in | ||
respect of each Standard Fee Claimed. You must report the cost of that | respect of each Standard Fee Claimed. You must report the cost of that | ||
Line 4441: | Line 4654: | ||
you use the correct Claim codes in the Contract Guide. | you use the correct Claim codes in the Contract Guide. | ||
Higher and Lower Standard Fees | Higher and Lower Standard Fees | ||
+ | |||
10.88 | 10.88 | ||
Where the core costs, if they had been assessed on the Hourly Rates set | Where the core costs, if they had been assessed on the Hourly Rates set | ||
out in the Criminal remuneration regulations: | out in the Criminal remuneration regulations: | ||
+ | |||
(a) do not exceed the Lower Standard Fee Limit, as appropriate, then the | (a) do not exceed the Lower Standard Fee Limit, as appropriate, then the | ||
appropriate Lower Standard Fee will be payable; | appropriate Lower Standard Fee will be payable; | ||
+ | |||
(b) exceed the Lower Standard Fee Limit, as appropriate, but do not | (b) exceed the Lower Standard Fee Limit, as appropriate, but do not | ||
exceed the Higher Standard Fee Limit, the appropriate Higher | exceed the Higher Standard Fee Limit, the appropriate Higher | ||
Standard Fee will be payable; | Standard Fee will be payable; | ||
+ | |||
(c) exceed the Higher Standard Fee Limit, as appropriate, the core costs | (c) exceed the Higher Standard Fee Limit, as appropriate, the core costs | ||
should be claimed based on the Hourly Rates set out in the Criminal | should be claimed based on the Hourly Rates set out in the Criminal | ||
Remuneration Regulations. | Remuneration Regulations. | ||
+ | |||
Determining the Category and type of proceedings | Determining the Category and type of proceedings | ||
+ | |||
10.89 You must determine the category and type of proceedings in accordance | 10.89 You must determine the category and type of proceedings in accordance | ||
with the table below and apply the relevant rules. | with the table below and apply the relevant rules. | ||
+ | |||
10.90 For the avoidance of doubt, you may only claim a Category 3 Fee in | 10.90 For the avoidance of doubt, you may only claim a Category 3 Fee in | ||
circumstances where your Client’s Case is discontinued or withdrawn at the | circumstances where your Client’s Case is discontinued or withdrawn at the | ||
committal hearing. | committal hearing. | ||
+ | |||
Categories and Types of Proceedings | Categories and Types of Proceedings | ||
Category 1B Category 1A Category 2 Category 3 | Category 1B Category 1A Category 2 Category 3 | ||
Line 4485: | Line 4706: | ||
but are disposed | but are disposed | ||
of by a guilty plea | of by a guilty plea | ||
- | February 2017 | + | |
103Category 1B Category 1A Category 2 | 103Category 1B Category 1A Category 2 | ||
magistrates’ court | magistrates’ court | ||
Line 4499: | Line 4720: | ||
of the prosecution | of the prosecution | ||
case. | case. | ||
+ | |||
Proceedings (other | Proceedings (other | ||
than committal | than committal |