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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“DSCC” is the "Defence Solicitor Call Centre" (as may be superseded or | “DSCC” is the "Defence Solicitor Call Centre" (as may be superseded or | ||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; | ||
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 | ||
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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 | ||
Line 295: | Line 333: | ||
“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 532: | 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 538: | 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 560: | 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 565: | 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 | ||
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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 | ||
Line 584: | 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 616: | 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 622: | 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 629: | 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 647: | 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 661: | 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 | ||
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 | ||
Line 682: | Line 777: | ||
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 | ||
Line 1262: | Line 1373: | ||
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 | ||
Line 1296: | Line 1415: | ||
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 | ||
Line 1371: | Line 1508: | ||
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 | ||
Line 1402: | Line 1545: | ||
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 | ||
Line 1419: | Line 1567: | ||
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 | ||
Line 3537: | Line 3701: | ||
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 |