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2017_specification [2017/07/25 17:09]
frescom
2017_specification [2017/07/25 17:52]
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 “DSCC” is the "​Defence Solicitor Call Centre"​ (as may be superseded or “DSCC” is the "​Defence Solicitor Call Centre"​ (as may be superseded or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;
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 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
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 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
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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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 (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
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 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
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 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
 applying a Sanction. applying a Sanction.
 +
 Supervisor ratios Supervisor ratios
 +
 2.29 A FTE Supervisor who only undertakes supervision in the Prison Law Class 2.29 A FTE Supervisor who only undertakes supervision in the Prison Law Class
 of Work only may supervise a maximum of six Designated Fee Earners or of Work only may supervise a maximum of six Designated Fee Earners or
 Caseworkers. Caseworkers.
 +
 2.30 A FTE Supervisor who undertakes supervision in the: 2.30 A FTE Supervisor who undertakes supervision in the:
 +
 (a) Criminal Investigations and Criminal Proceedings and/or Appeals and (a) Criminal Investigations and Criminal Proceedings and/or Appeals and
 Reviews Classes of Work; or Reviews Classes of Work; or
 +
 (b) Prison Law and any other Class of Work (b) Prison Law and any other Class of Work
 may supervise a maximum of four Designated Fee Earners or Caseworkers. may supervise a maximum of four Designated Fee Earners or Caseworkers.
 +
 2.31 2.31
 Individuals who only undertake administrative tasks (which you may not Individuals who only undertake administrative tasks (which you may not
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 Client’s overall legal problem(s)) prior to a matter being opened are not Client’s overall legal problem(s)) prior to a matter being opened are not
 Caseworkers for the purpose of these ratios or otherwise. Caseworkers for the purpose of these ratios or otherwise.
 +
 Designated Fee Earners Designated Fee Earners
-February 2017 + 
-172.32+2.32
 You are required to have a document that identifies all staff, their current You are required to have a document that identifies all staff, their current
 jobs, and lines of responsibility. This must cover all Designated Fee Earners jobs, and lines of responsibility. This must cover all Designated Fee Earners
Line 1209: Line 1305:
 papers so delivered. papers so delivered.
 Application rules Application rules
 +
 4.20 4.20
 In addition to the application rules set out in Paragraphs 4.21 to 4.39, In addition to the application rules set out in Paragraphs 4.21 to 4.39,
 application rules relating to specific Units of Work are set out in Sections 9 application rules relating to specific Units of Work are set out in Sections 9
 to 13. to 13.
 +
 Application forms Application forms
 +
 4.21 Unless the terms of this Specification or we expressly provide otherwise in 4.21 Unless the terms of this Specification or we expressly provide otherwise in
 writing, you must not provide Contract Work unless the Client is within the writing, you must not provide Contract Work unless the Client is within the
 jurisdiction,​ and has completed the relevant application form. jurisdiction,​ and has completed the relevant application form.
 +
 4.22 Where an application form is required, except in relation to a determination 4.22 Where an application form is required, except in relation to a determination
 that a Client qualifies for Criminal Proceedings,​ a copy of the completed that a Client qualifies for Criminal Proceedings,​ a copy of the completed
 form must be kept by you on the file, and its correct completion will be form must be kept by you on the file, and its correct completion will be
 checked upon Audit. checked upon Audit.
 +
 4.23 We may prescribe different application forms for different Classes or Units 4.23 We may prescribe different application forms for different Classes or Units
 of Work or Clients. of Work or Clients.
 +
 4.24 Failure to complete properly the requisite form may lead to the costs of the 4.24 Failure to complete properly the requisite form may lead to the costs of the
 Matter or Case being disallowed on Assessment. The Financial Eligibility Matter or Case being disallowed on Assessment. The Financial Eligibility
-February 2017 +Test (where relevant) and the Client details must be fully completed and
-28Test ​(where relevant) and the Client details must be fully completed and+
 the form signed by the Client in your presence. Work carried out before the form signed by the Client in your presence. Work carried out before
 the completion and signing of the form will not be remunerated. Limited the completion and signing of the form will not be remunerated. Limited
 exceptions to these principles for Advice and Assistance are contained in exceptions to these principles for Advice and Assistance are contained in
 Sections 9 to 13 for specific Units of Work. Sections 9 to 13 for specific Units of Work.
 +
 Application on behalf of a Child or Protected Party Application on behalf of a Child or Protected Party
 +
 4.25 4.25
 You may only accept an application for Contract Work on behalf of a Child You may only accept an application for Contract Work on behalf of a Child
 or Protected Party from: or Protected Party from:
 +
 (a) in the case of a Child, a parent or guardian or other person in whose (a) in the case of a Child, a parent or guardian or other person in whose
 care he or she is; or care he or she is; or
 +
 (b) in the case of a Protected Party, from a deputy or attorney under the (b) in the case of a Protected Party, from a deputy or attorney under the
 Mental Capacity Act 2005; or Mental Capacity Act 2005; or
 +
 (c) in the case of a Child or Protected Party, an appropriate adult or any (c) in the case of a Child or Protected Party, an appropriate adult or any
 other person acting for the purposes of any proceedings as his or her other person acting for the purposes of any proceedings as his or her
 litigation friend; or litigation friend; or
 +
 (d) in the case of a Child or Protected Party, any other person where (d) in the case of a Child or Protected Party, any other person where
 there is good reason why none of the persons specified in (a) to (c) there is good reason why none of the persons specified in (a) to (c)
 above can make the application (and that good reason is noted on above can make the application (and that good reason is noted on
 the file), provided that: the file), provided that:
 +
 (i) there is sufficient connection between the Child or Protected (i) there is sufficient connection between the Child or Protected
 Party and the other person to ensure that the other person is Party and the other person to ensure that the other person is
 likely to act responsibly in the interests of the Child or Protected likely to act responsibly in the interests of the Child or Protected
 Party; and Party; and
 +
 (ii) the other person has sufficient knowledge of the Child or (ii) the other person has sufficient knowledge of the Child or
 Protected Party, the problem and the Child’s or Protected Protected Party, the problem and the Child’s or Protected
 Party’s financial circumstances (where relevant) to give proper Party’s financial circumstances (where relevant) to give proper
 instructions to you; and instructions to you; and
 +
 (iii) no application may be accepted under Paragraph 4.25(d) if (iii) no application may be accepted under Paragraph 4.25(d) if
 made by a member, director, partner, shareholder,​ associate or made by a member, director, partner, shareholder,​ associate or
 employee of your organisation. employee of your organisation.
 +
 4.26 Where you accept an application under Paragraph 4.25, the application will 4.26 Where you accept an application under Paragraph 4.25, the application will
 be in the name of the Child or Protected Party but signed on his or her be in the name of the Child or Protected Party but signed on his or her
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 Protected Party but signed by the person who is applying on behalf of the Protected Party but signed by the person who is applying on behalf of the
 Child or Protected Party with an annotation to that effect. Child or Protected Party with an annotation to that effect.
 +
 4.27 Where relevant, the appropriate means, of the Child or Protected Party 4.27 Where relevant, the appropriate means, of the Child or Protected Party
 and, in appropriate cases, those who have care and control of, or are liable and, in appropriate cases, those who have care and control of, or are liable
 to maintain, or usually contribute substantially to the Child or Protected to maintain, or usually contribute substantially to the Child or Protected
 Party’s maintenance,​ must be taken into account in applying the Financial Party’s maintenance,​ must be taken into account in applying the Financial
 +
 Eligibility Test. Eligibility Test.
 Instructions directly from a Child Instructions directly from a Child
 +
 4.28 4.28
 You may accept instructions directly from a Child in the following You may accept instructions directly from a Child in the following
 circumstances:​ circumstances:​
 +
 (a) (a)
-February 2017 
 by exercising the Delegated Function in relation to proceedings which by exercising the Delegated Function in relation to proceedings which
 that Child is entitled to defend without a litigation friend; or that Child is entitled to defend without a litigation friend; or
-294.29 +
-4.30+
 (b) where only Police Station Advice and Assistance is sought; or (b) where only Police Station Advice and Assistance is sought; or
 +
 (c) where: (c) where:
 +
 (i) there is good reason why none of the persons specified in (i) there is good reason why none of the persons specified in
 Paragraphs 4.25(a) to (d) can make the application on the Paragraphs 4.25(a) to (d) can make the application on the
 Child’s behalf; and Child’s behalf; and
 +
 (ii) the Child is old enough to give instructions and understand the (ii) the Child is old enough to give instructions and understand the
 nature of the advice and proceedings. nature of the advice and proceedings.
 Where Advice and Assistance (other than Police Station Advice and Where Advice and Assistance (other than Police Station Advice and
 Assistance) or Advocacy Assistance is provided to a Child: Assistance) or Advocacy Assistance is provided to a Child:
 +
 (a) the Child must sign the application form him/​herself;​ and (a) the Child must sign the application form him/​herself;​ and
 +
 (b) you must consider whether it is just and equitable not to aggregate (b) you must consider whether it is just and equitable not to aggregate
 the Child’s means with those of the person liable to maintain him or the Child’s means with those of the person liable to maintain him or
 her. her.
 +
 The presumption is that there should be aggregation but you can decide The presumption is that there should be aggregation but you can decide
 not to aggregate (and assess only the Child’s means) if, having regard to not to aggregate (and assess only the Child’s means) if, having regard to
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 aggregation is more likely to be justified where there is a conflict between aggregation is more likely to be justified where there is a conflict between
 the Child and the person liable to maintain him or her. the Child and the person liable to maintain him or her.
 +
 Postal applications Postal applications
 +
 4.31 4.31
 You may exercise the Delegated Function to accept an application for You may exercise the Delegated Function to accept an application for
 Advice and Assistance by post from a Client where it is reasonable to do Advice and Assistance by post from a Client where it is reasonable to do
 so, but not where the Client is resident outside the European Union unless; so, but not where the Client is resident outside the European Union unless;
 +
 (a) such residence is purely temporary and the Client cannot can without (a) such residence is purely temporary and the Client cannot can without
 serious disadvantage delay the application until he or she has serious disadvantage delay the application until he or she has
 returned to England or Wales; or returned to England or Wales; or
 +
 (b) the Advice and Assistance could not be applied for on the same (b) the Advice and Assistance could not be applied for on the same
 Matter by a person resident in England or Wales; or Matter by a person resident in England or Wales; or
 +
 (c) it is otherwise reasonable to accept the application. (c) it is otherwise reasonable to accept the application.
 +
 4.32 The Delegated Function to grant an application for Advocacy Assistance will 4.32 The Delegated Function to grant an application for Advocacy Assistance will
 apply to all proceedings for which it is available, as specified in Sections 9 apply to all proceedings for which it is available, as specified in Sections 9
 to 13. to 13.
 +
 4.33 Where you use the Delegated Function to grant an application for Advocacy 4.33 Where you use the Delegated Function to grant an application for Advocacy
 Assistance, a written application is granted by the signature of a practising Assistance, a written application is granted by the signature of a practising
Line 1319: Line 1445:
 completed and signed by the Client before signature by you. The grant will completed and signed by the Client before signature by you. The grant will
 not operate retrospectively. not operate retrospectively.
 +
 4.34 If a written application is not required under this Specification,​ a check 4.34 If a written application is not required under this Specification,​ a check
 should be made that the Client satisfies any scope limitations and should be made that the Client satisfies any scope limitations and
 Qualifying Criteria and a note should be made on file. Qualifying Criteria and a note should be made on file.
-February 2017 + 
-304.35 The Delegated Function to grant Advocacy Assistance carries with it the+4.35 The Delegated Function to grant Advocacy Assistance carries with it the
 corresponding duty to refuse it when any applicable Qualifying Criteria are corresponding duty to refuse it when any applicable Qualifying Criteria are
 not satisfied. When refusing, you should make it clear that you are doing not satisfied. When refusing, you should make it clear that you are doing
 so on behalf of us and applying the terms of the Contract. so on behalf of us and applying the terms of the Contract.
 +
 4.36 The Delegated Function to self-authorise the instruction of Counsel in 4.36 The Delegated Function to self-authorise the instruction of Counsel in
 Advocacy Assistance proceedings must be exercised in accordance with the Advocacy Assistance proceedings must be exercised in accordance with the
 provisions relating to the instruction of Counsel set out in this provisions relating to the instruction of Counsel set out in this
 Specification. Specification.
 +
 4.37 The Delegated Functions set out in Paragraph 4.4(g) and (h) above which 4.37 The Delegated Functions set out in Paragraph 4.4(g) and (h) above which
 only apply to Associated Civil Work must be exercised in accordance with only apply to Associated Civil Work must be exercised in accordance with
Line 1336: Line 1465:
 only exercise these Delegated Functions if your Office meets the Quality only exercise these Delegated Functions if your Office meets the Quality
 Standard, in accordance with an Authorisation. Standard, in accordance with an Authorisation.
 +
 4.38 Where you are authorised to exercise the Delegated Function to accept an 4.38 Where you are authorised to exercise the Delegated Function to accept an
 application for Advice and Assistance from a Client who has received application for Advice and Assistance from a Client who has received
Line 1345: Line 1475:
 the actual provision of Advice and Assistance is less likely to be justified the actual provision of Advice and Assistance is less likely to be justified
 and the costs, which are likely to be considered reasonable, will reduce. and the costs, which are likely to be considered reasonable, will reduce.
 +
 4.39 The Delegated Function in Paragraph 4.4(d) above does not operate 4.39 The Delegated Function in Paragraph 4.4(d) above does not operate
 retrospectively. Work done prior to the date of exercise of the Delegated retrospectively. Work done prior to the date of exercise of the Delegated
Line 1350: Line 1481:
 calculation of work done when submitting a costs Claim. calculation of work done when submitting a costs Claim.
 Unique File Numbers (UFN) and filing requirements Unique File Numbers (UFN) and filing requirements
 +
 4.40 Before your first point of contact with us on any Matter or Case, you must 4.40 Before your first point of contact with us on any Matter or Case, you must
 assign a UFN in the format set out in Paragraph 4.41 to each separate assign a UFN in the format set out in Paragraph 4.41 to each separate
 Matter or Case other than those involving only the provision of Contract Matter or Case other than those involving only the provision of Contract
 Work by a court Duty Solicitor acting as such. Work by a court Duty Solicitor acting as such.
 +
 4.41 The UFN must be calculated with reference to the date on which you first 4.41 The UFN must be calculated with reference to the date on which you first
 undertook Contract Work for the Client (which may be earlier than the date undertook Contract Work for the Client (which may be earlier than the date
 on which the UFN is actually assigned). You must use the following UFN on which the UFN is actually assigned). You must use the following UFN
 format, which is: format, which is:
 +
 (a) the date on which Contract Work was first undertaken for the Client (a) the date on which Contract Work was first undertaken for the Client
 in the Matter or Case set out in the six digit numerical format of in the Matter or Case set out in the six digit numerical format of
 DDMMYY; followed by DDMMYY; followed by
 +
 (b) a “/” followed by; and (b) a “/” followed by; and
 +
 (c) a sequential number unique to that day. The numerical sequence (c) a sequential number unique to that day. The numerical sequence
 part of the UFN will return to 001 at the beginning of each day. part of the UFN will return to 001 at the beginning of each day.
 Boundaries between Classes and Units of Work Boundaries between Classes and Units of Work
 +
 4.42 4.42
 Advice and Assistance does not extend to cover Representation,​ no matter Advice and Assistance does not extend to cover Representation,​ no matter
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 Advice and Assistance or Advocacy Assistance to the Client on the same Advice and Assistance or Advocacy Assistance to the Client on the same
 Matter, which gave rise to the Criminal Proceedings,​ unless a Criminal Matter, which gave rise to the Criminal Proceedings,​ unless a Criminal
-February 2017 +Investigation ​is ongoing in respect of other offences relating to the same
-31Investigation ​is ongoing in respect of other offences relating to the same+
 Matter. Where Representation is available, you must make an application Matter. Where Representation is available, you must make an application
 at the earliest opportunity. at the earliest opportunity.
 +
 4.43 Work for the same Client may be treated as a separate Matter if it involves 4.43 Work for the same Client may be treated as a separate Matter if it involves
 the provision of Advice and Assistance or Advocacy Assistance under this the provision of Advice and Assistance or Advocacy Assistance under this
Line 1380: Line 1517:
 requiring a separate application (where relevant) and which can be claimed requiring a separate application (where relevant) and which can be claimed
 separately in accordance with this Specification. separately in accordance with this Specification.
 +
 4.44 You must identify, and record on the appropriate Matter or Case file, any 4.44 You must identify, and record on the appropriate Matter or Case file, any
 point at which the work, which you are performing for a Client, becomes a point at which the work, which you are performing for a Client, becomes a
 separate Matter or Case. separate Matter or Case.
 +
 4.45 Where two or more separate Matters or Cases arise, each one must be the 4.45 Where two or more separate Matters or Cases arise, each one must be the
 subject of a separate application form and determination (where relevant). subject of a separate application form and determination (where relevant).
 You must decide whether you may Claim the work under this Contract and You must decide whether you may Claim the work under this Contract and
 the appropriate Qualifying Criteria will apply to each Matter or Case. the appropriate Qualifying Criteria will apply to each Matter or Case.
 +
 4.46 Where two Matters are genuinely different problems requiring separate 4.46 Where two Matters are genuinely different problems requiring separate
 advice at the same time on one occasion only, then they must be treated advice at the same time on one occasion only, then they must be treated
 as the same Matter, despite the fact that they would normally be treated as the same Matter, despite the fact that they would normally be treated
 as separate Matters. as separate Matters.
 +
 4.47 Where two or more Matters arise from the same set of circumstances,​ they 4.47 Where two or more Matters arise from the same set of circumstances,​ they
 must not be treated as separate Matters for the purposes of Police Station must not be treated as separate Matters for the purposes of Police Station
 Advice and Assistance, or Free Standing Advice and Assistance. Advice and Assistance, or Free Standing Advice and Assistance.
 +
 4.48 Where two or more Cases would be dealt with under one determination or 4.48 Where two or more Cases would be dealt with under one determination or
 as part of the same Case, one application form must be completed and the as part of the same Case, one application form must be completed and the
 Case must be treated as one matter. Case must be treated as one matter.
 +
 4.49 In each Matter or Case, a single application form must be completed to 4.49 In each Matter or Case, a single application form must be completed to
 identify the issues and provide general, preliminary advice. If one legal identify the issues and provide general, preliminary advice. If one legal
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 the provision of any further Advice and Assistance. The following points the provision of any further Advice and Assistance. The following points
 should be noted: should be noted:
 +
 (a) the fact that you may be giving initial advice to the Client about (a) the fact that you may be giving initial advice to the Client about
 potentially different outcomes arising from the same set of potentially different outcomes arising from the same set of
 originating circumstances does not in itself mean they are separate originating circumstances does not in itself mean they are separate
 Matters; and Matters; and
 +
 (b) the fact that circumstances have changed or developments have (b) the fact that circumstances have changed or developments have
 occurred as the case has progressed will not mean that a separate occurred as the case has progressed will not mean that a separate
 Matter arises if the Advice and Assistance continues to be provided Matter arises if the Advice and Assistance continues to be provided
 on the same overall legal issue. on the same overall legal issue.
 +
 4.50 Where multiple application forms are used then you must record the 4.50 Where multiple application forms are used then you must record the
 reasons on file and be able to justify your decision on Assessment or Audit. reasons on file and be able to justify your decision on Assessment or Audit.
 +
 4.51 Duplicated work must not be claimed on related files. 4.51 Duplicated work must not be claimed on related files.
 +
 4.52 Where different fee-earners undertake work for the same Client on 4.52 Where different fee-earners undertake work for the same Client on
 different Matters, care must be exercised to ensure that no duplication of different Matters, care must be exercised to ensure that no duplication of
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 check must be made to ensure that there has been no duplication. If check must be made to ensure that there has been no duplication. If
 duplicated work has been claimed in error, you must notify us. duplicated work has been claimed in error, you must notify us.
-February 2017 + 
-324.53 If a Client seeks advice as to whether he or she should change Provider+4.53 If a Client seeks advice as to whether he or she should change Provider
 from a Provider already providing Advice and Assistance it is not justified from a Provider already providing Advice and Assistance it is not justified
 to consider this as a separate Matter to the advice being given by the to consider this as a separate Matter to the advice being given by the
 previous Solicitor. Paragraph 4.38 must be applied before any advice is previous Solicitor. Paragraph 4.38 must be applied before any advice is
 given as a separate Matter. given as a separate Matter.
 +
 4.54 Charges laid at the same time which are dealt with under one 4.54 Charges laid at the same time which are dealt with under one
 determination,​ or are heard together, or form part of the same Case, must determination,​ or are heard together, or form part of the same Case, must
 be dealt with as one Case. be dealt with as one Case.
 +
 4.55 Advice given on related issues, which could be considered to be a “series of 4.55 Advice given on related issues, which could be considered to be a “series of
 offences”,​ must be dealt with as a single case, rather than separate cases. offences”,​ must be dealt with as a single case, rather than separate cases.
Line 2144: Line 2294:
 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 2157: Line 2308:
 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 2163: Line 2315:
 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 2174: Line 2330:
 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 2190: Line 2348:
 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 2205: Line 2365:
 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 2215: Line 2378:
 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
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 Assistance (Own Solicitor) Assistance (Own Solicitor)
 Scope Scope
 +
 9.113 9.113
 You may provide Free Standing Advice and Assistance under this Unit of You may provide Free Standing Advice and Assistance under this Unit of
Line 3543: Line 3708:
 work undertaken under this Unit of Work and operates as a Costs work undertaken under this Unit of Work and operates as a Costs
 Limitation. Limitation.
 +
 Qualifying Criteria Qualifying Criteria
 +
 9.114 The Sufficient Benefit Test set out in Section 3 must be satisfied in order to 9.114 The Sufficient Benefit Test set out in Section 3 must be satisfied in order to
 provide Free Standing Advice and Assistance. provide Free Standing Advice and Assistance.
 +
 9.115 Regulations impose a Financial Eligibility Test which must be satisfied in 9.115 Regulations impose a Financial Eligibility Test which must be satisfied in
 order to provide Free Standing Advice and Assistance. Documentary order to provide Free Standing Advice and Assistance. Documentary
 evidence as to the Client’s means must be kept on your file. evidence as to the Client’s means must be kept on your file.
 Witnesses Witnesses
 +
 9.116 9.116
 You may only provide Advice and Assistance to a witness if there is a You may only provide Advice and Assistance to a witness if there is a
 complicating factor (as specified in the Contract Guide). complicating factor (as specified in the Contract Guide).
 Complaints of maltreatment by the Police Complaints of maltreatment by the Police
 +
 9.117 These complaints must be dealt with as part of the general advice on the 9.117 These complaints must be dealt with as part of the general advice on the
 overall case. The only time a separate application for Advice and overall case. The only time a separate application for Advice and
Line 3559: Line 3729:
 serious and proper issue which cannot be dealt with within the context of serious and proper issue which cannot be dealt with within the context of
 the general criminal advice being given. the general criminal advice being given.
 +
 9.118 These cases must not be confused with claims against the police in relation 9.118 These cases must not be confused with claims against the police in relation
 to wrongful arrest, false imprisonment or malicious prosecution for which to wrongful arrest, false imprisonment or malicious prosecution for which
 an application for a determination for Associated Civil Work must be made an application for a determination for Associated Civil Work must be made
 to us. to us.
 +
 Case Starts and Ends Case Starts and Ends
 Application procedures Application procedures
 +
 9.119 9.119
 The CRM1 and CRM2 application forms must be completed in accordance The CRM1 and CRM2 application forms must be completed in accordance
 with Section 4. with Section 4.
 +
 Postal applications Postal applications
 +
 9.120 9.120
 You may only exercise the Delegated Function to accept an application for You may only exercise the Delegated Function to accept an application for
 Advice and Assistance by post from a Client where there is good reason to Advice and Assistance by post from a Client where there is good reason to
 do so. You must note the good reason on your file. do so. You must note the good reason on your file.
 +
 Telephone advice Telephone advice
 +
 9.121 9.121
 You may Claim payment for advice given to a Client over the telephone You may Claim payment for advice given to a Client over the telephone
 before that Client has signed the application form only where: before that Client has signed the application form only where:
-(a) + 
-February 2017 +(a) the Client cannot for good reason attend your Office; and 
-the Client cannot for good reason attend your Office; and + 
-78(b) the Client meets the Qualifying Criteria for the provision of Advice+(b) the Client meets the Qualifying Criteria for the provision of Advice
 and Assistance (including the Financial Eligibility Test); and and Assistance (including the Financial Eligibility Test); and
 +
 (c) the Client has subsequently signed the application form. (c) the Client has subsequently signed the application form.
 +
 Outward Travel Outward Travel
 +
 9.122 9.122
 You may Claim for the mileage or actual cost of public transport for travel You may Claim for the mileage or actual cost of public transport for travel
 but not travelling time, except as allowed below to visit a Client away from but not travelling time, except as allowed below to visit a Client away from
 your Office before the application form is signed, where: your Office before the application form is signed, where:
 +
 (a) the visit is justified for good reason (and you note that good reason (a) the visit is justified for good reason (and you note that good reason
 on your file); and on your file); and
 +
 (b) the Client meets the Qualifying Criteria for this Unit of Work and has (b) the Client meets the Qualifying Criteria for this Unit of Work and has
 subsequently signed the application form. subsequently signed the application form.
 +
 9.123 Where you are visiting the Client in detention, prison or hospital then you 9.123 Where you are visiting the Client in detention, prison or hospital then you
 may also claim the travelling time at the appropriate rate. The provisions may also claim the travelling time at the appropriate rate. The provisions
 of Paragraphs 9.122(a) and (b) above will need to be satisfied before any of Paragraphs 9.122(a) and (b) above will need to be satisfied before any
 Claim is made. Claim is made.
 +
 9.124 Costs must be reasonably incurred taking account of all the circumstances 9.124 Costs must be reasonably incurred taking account of all the circumstances
 including, for example, the distances involved as against the availability of including, for example, the distances involved as against the availability of
Line 3601: Line 3785:
 attend on the Client at all, bearing in mind that telephone advice can be attend on the Client at all, bearing in mind that telephone advice can be
 given and applications accepted by post. given and applications accepted by post.
 +
 Previous Advice and Assistance Previous Advice and Assistance
 +
 9.125 9.125
 You may not make a Claim for Advice and Assistance given to a Client who You may not make a Claim for Advice and Assistance given to a Client who
 has received Advice and Assistance for the same Matter from another has received Advice and Assistance for the same Matter from another
 Provider within the six months preceding the application,​ except where: Provider within the six months preceding the application,​ except where:
 +
 (a) there is a gap in time and circumstances have changed materially (a) there is a gap in time and circumstances have changed materially
 between the first and second occasions when the Advice and between the first and second occasions when the Advice and
 Assistance was sought, for example, a Client has been charged or Assistance was sought, for example, a Client has been charged or
 convicted in the intervening period; or convicted in the intervening period; or
 +
 (b) the Client has reasonable cause to transfer from the first Provider (b) the Client has reasonable cause to transfer from the first Provider
 e.g. conflict of interest; or e.g. conflict of interest; or
 +
 (c) the first Provider has confirmed to you that he or she will be making (c) the first Provider has confirmed to you that he or she will be making
 no Claim for payment for the Advice and Assistance; or no Claim for payment for the Advice and Assistance; or
 +
 (d) Advice and Assistance was originally given at a Police Station. (d) Advice and Assistance was originally given at a Police Station.
 When providing Advice and Assistance in the circumstances set out in this When providing Advice and Assistance in the circumstances set out in this
 Paragraph you must record the justification for doing so on the file. For the Paragraph you must record the justification for doing so on the file. For the
 avoidance of doubt, this is a Delegated Function. avoidance of doubt, this is a Delegated Function.
 +
 9.126 9.126
 If a Client changes Designated Fee Earner within the same organisation or If a Client changes Designated Fee Earner within the same organisation or
Line 3626: Line 3817:
 Assistance in addition to the first Provider. However, if the Client instructs Assistance in addition to the first Provider. However, if the Client instructs
 another Provider and the same Solicitor does not continue to provide another Provider and the same Solicitor does not continue to provide
-February 2017 +Advice ​and Assistance to the Client, this will be Advice and Assistance from
-79Advice ​and Assistance to the Client, this will be Advice and Assistance from+
 ‘another Provider’. ‘another Provider’.
 +
 9.127 9.127
 You cannot Claim for Advice and Assistance under the terms of any of the You cannot Claim for Advice and Assistance under the terms of any of the
 exceptions contained in Paragraphs 9.125(a) to (d) above where: exceptions contained in Paragraphs 9.125(a) to (d) above where:
 +
 (a) The Client simply disagrees with the first advice and wants a second (a) The Client simply disagrees with the first advice and wants a second
 opinion; opinion;
 +
 (b) There is only a short time between the first and second occasions (b) There is only a short time between the first and second occasions
 when the Advice and Assistance is sought and no material change of when the Advice and Assistance is sought and no material change of
 circumstances has occurred; circumstances has occurred;
 +
 (c) The change requested is from a second to a third Provider (unless (c) The change requested is from a second to a third Provider (unless
 exceptionally it is reasonable for a further change);or exceptionally it is reasonable for a further change);or
 +
 (d) There is no reasonable explanation for the Client seeking further (d) There is no reasonable explanation for the Client seeking further
 +
 Advice and Assistance from a new Provider. Advice and Assistance from a new Provider.
 +
 9.128 Where Advice and Assistance is provided in contravention of the terms of 9.128 Where Advice and Assistance is provided in contravention of the terms of
 Paragraph 9.125, then the work undertaken must not be claimed or paid Paragraph 9.125, then the work undertaken must not be claimed or paid
 as Contract work. as Contract work.
 +
 9.129 If the Client has received previous Advice and Assistance but you provide 9.129 If the Client has received previous Advice and Assistance but you provide
 further Advice and Assistance under Paragraph 9.125, you must assign a further Advice and Assistance under Paragraph 9.125, you must assign a
Line 4490: Line 4688:
 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 4496: Line 4696:
 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 4533: Line 4749:
 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 4577: Line 4801:
 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 4591: Line 4815:
 of the prosecution of the prosecution
 case. case.
 +
 Proceedings (other Proceedings (other
 than committal than committal
Line 5698: Line 5923:
 you must arrange for the Client to complete the application forms by post, you must arrange for the Client to complete the application forms by post,
 after you receive instructions and before you commence work. after you receive instructions and before you commence work.
 +
 12.17 In Advice and Assistance Matters, you should, wherever possible conduct 12.17 In Advice and Assistance Matters, you should, wherever possible conduct
 the matter by way of correspondence with the Client, or by video link or the matter by way of correspondence with the Client, or by video link or
 telephone, if such facilities are available. Personal attendance must be telephone, if such facilities are available. Personal attendance must be
 justified on a file note. justified on a file note.
 +
 Telephone advice before application forms are signed Telephone advice before application forms are signed
 +
 12.18 12.18
 +
 12.19 12.19
 You may only include in your Case costs time spent giving advice to a You may only include in your Case costs time spent giving advice to a
 Client over the telephone before that Client has signed the application form Client over the telephone before that Client has signed the application form
 where: where:
 +
 (a) the Client meets the Financial Eligibility Test and you are satisfied (a) the Client meets the Financial Eligibility Test and you are satisfied
 that the Sufficient Benefit Test is met; or that the Sufficient Benefit Test is met; or
 +
 (b) the Client subsequently signs the CRM1 and CRM2, or CRM1 and (b) the Client subsequently signs the CRM1 and CRM2, or CRM1 and
 CRM3 application forms and is financially eligible. CRM3 application forms and is financially eligible.
Line 5715: Line 5946:
 forms to your Client, after you have given the advice, to be signed and forms to your Client, after you have given the advice, to be signed and
 returned to you. returned to you.
-February 2017 + 
-13212.20 You must not make any Claim in this Class of Work if your Client has not+12.20 You must not make any Claim in this Class of Work if your Client has not
 signed the application forms or has been properly determined by you as signed the application forms or has been properly determined by you as
 not being financially eligible. not being financially eligible.
 +
 12.21 You must not make a Claim in this Class of Work in circumstances where 12.21 You must not make a Claim in this Class of Work in circumstances where
 you provide ad hoc telephone advice to a Client on an issue which develops you provide ad hoc telephone advice to a Client on an issue which develops
Line 5725: Line 5957:
 outlined in Paragraph 12.59(c) below. outlined in Paragraph 12.59(c) below.
 Commencing a Matter in this Class of Work Commencing a Matter in this Class of Work
 +
 12.22 12.22
 When this Contract commences, subject to Paragraph 12.4, you are When this Contract commences, subject to Paragraph 12.4, you are
Line 5730: Line 5963:
 Work, subject to the Matter passing the Sufficient Benefit Test and the Work, subject to the Matter passing the Sufficient Benefit Test and the
 Client being financially eligible. Client being financially eligible.
 +
 General Provisions on Starting a New Matter General Provisions on Starting a New Matter
 +
 12.23 Advice and Assistance or Advocacy Assistance must be allocated an 12.23 Advice and Assistance or Advocacy Assistance must be allocated an
 individual Matter appropriately and in accordance with the provisions set individual Matter appropriately and in accordance with the provisions set
 out here. out here.
 +
 12.24 These provisions govern when a Matter may be commenced and when it is 12.24 These provisions govern when a Matter may be commenced and when it is
 legitimate to commence more than one Matter for one Client. Where legitimate to commence more than one Matter for one Client. Where
Line 5741: Line 5977:
 in accordance with these Paragraphs be carried out under a single Matter. in accordance with these Paragraphs be carried out under a single Matter.
 Conversely, you must not include clearly unrelated work to a single Matter. Conversely, you must not include clearly unrelated work to a single Matter.
 +
 12.25 You must not begin more than one Sentence Case, or more than one 12.25 You must not begin more than one Sentence Case, or more than one
 Parole Board Case for a Client at any one time. If you commence a Parole Board Case for a Client at any one time. If you commence a
 Sentence Case and a Parole Board Case concurrently,​ you must claim for Sentence Case and a Parole Board Case concurrently,​ you must claim for
 each Matter separately. each Matter separately.
 +
 12.26 If you commence a Disciplinary Case for a Client, and are subsequently 12.26 If you commence a Disciplinary Case for a Client, and are subsequently
 instructed by that Client on a new, unrelated and distinct Disciplinary Case, instructed by that Client on a new, unrelated and distinct Disciplinary Case,
Line 5751: Line 5989:
 Where you provide Advice and Assistance and then Advocacy Assistance in Where you provide Advice and Assistance and then Advocacy Assistance in
 a Disciplinary Case or in a Parole Board Case a Disciplinary Case or in a Parole Board Case
 +
 12.27 Where you are instructed on a Disciplinary Case or a Parole Board Case in 12.27 Where you are instructed on a Disciplinary Case or a Parole Board Case in
 circumstances where it is clear that there is going to be an oral hearing, circumstances where it is clear that there is going to be an oral hearing,
 you must start the Case as Advocacy Assistance. you must start the Case as Advocacy Assistance.
 +
 12.28 Where you are instructed on a Disciplinary Case or a Parole Board Case in 12.28 Where you are instructed on a Disciplinary Case or a Parole Board Case in
 circumstances where it is not clear that there is going to be an oral circumstances where it is not clear that there is going to be an oral
2017_specification.txt · Last modified: 2018/09/04 18:50 by frescom