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2017_specification
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2017_specification [2017/07/25 17:14] frescom |
2017_specification [2017/07/25 17:48] 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| “DSCC” is the "Defence Solicitor Call Centre" (as may be superseded or | “DSCC” is the "Defence Solicitor Call Centre" (as may be superseded or | ||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 | ||
| Line 233: | Line 262: | ||
| 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, | ||
| Line 245: | Line 281: | ||
| 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 | ||
| Line 260: | Line 297: | ||
| 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 | ||
| Line 272: | Line 308: | ||
| 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 | ||
| Line 290: | Line 327: | ||
| 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 | ||
| Line 2192: | Line 2233: | ||
| allocated in respect of that Duty Solicitor at the conclusion of that specified | allocated in respect of that Duty Solicitor at the conclusion of that specified | ||
| period in accordance with Paragraphs 6.47 to 6.49. | period in accordance with Paragraphs 6.47 to 6.49. | ||
| - | February 2017 | + | |
| - | 476.34 | + | 6.34 |
| Where we receive notification of any of the events specified in Paragraphs | Where we receive notification of any of the events specified in Paragraphs | ||
| 6.29(d), (e) and (f) we will decide whether that Duty Solicitor should be | 6.29(d), (e) and (f) we will decide whether that Duty Solicitor should be | ||
| excluded or suspended from acting as a Duty Solicitor. | excluded or suspended from acting as a Duty Solicitor. | ||
| Duty Solicitors joining your organisation | Duty Solicitors joining your organisation | ||
| + | |||
| 6.35 If you wish to add new Duty Solicitors to Schemes you are a member of | 6.35 If you wish to add new Duty Solicitors to Schemes you are a member of | ||
| you must apply for them to undertake Duty Solicitor work by completing a | you must apply for them to undertake Duty Solicitor work by completing a | ||
| Line 2205: | Line 2247: | ||
| and will result in you being allocated Duty Slots on that Scheme when | and will result in you being allocated Duty Slots on that Scheme when | ||
| Rotas are next issued. | Rotas are next issued. | ||
| + | |||
| 6.36 New Duty Solicitors who are Engaged by you and for whom you submit a | 6.36 New Duty Solicitors who are Engaged by you and for whom you submit a | ||
| CRM12 form may undertake Back-up work and cover Duty Slots already | CRM12 form may undertake Back-up work and cover Duty Slots already | ||
| Line 2211: | Line 2254: | ||
| added to the list of Panel members (if the Scheme is a Panel Scheme) only | added to the list of Panel members (if the Scheme is a Panel Scheme) only | ||
| once you have received confirmation we have approved their application. | once you have received confirmation we have approved their application. | ||
| + | |||
| 6.37 You may not submit a CRM12 form or seek to obtain Duty Slots in respect | 6.37 You may not submit a CRM12 form or seek to obtain Duty Slots in respect | ||
| of Duty Solicitors who: | of Duty Solicitors who: | ||
| + | |||
| (a) will not be Engaged by you during the Rota period or who do not | (a) will not be Engaged by you during the Rota period or who do not | ||
| meet the competence requirements in Paragraphs 6.15 to 6.20; or | meet the competence requirements in Paragraphs 6.15 to 6.20; or | ||
| + | |||
| (b) are not habitually resident in England and Wales unless you have | (b) are not habitually resident in England and Wales unless you have | ||
| received our express written approval to submit a CRM12 form; or | received our express written approval to submit a CRM12 form; or | ||
| + | |||
| (c) notwithstanding any other | (c) notwithstanding any other | ||
| payment for the use of their | payment for the use of their | ||
| Line 2222: | Line 2269: | ||
| your organisation and used | your organisation and used | ||
| are commonly referred to as | are commonly referred to as | ||
| + | |||
| (d) are temporary staff engaged to cover periods of maternity or | (d) are temporary staff engaged to cover periods of maternity or | ||
| paternity leave of a Duty Solicitor of up to 12 months (because you | paternity leave of a Duty Solicitor of up to 12 months (because you | ||
| will have access to Slots allocated in respect of that Duty Solicitor on | will have access to Slots allocated in respect of that Duty Solicitor on | ||
| maternity or paternity leave); or | maternity or paternity leave); or | ||
| + | |||
| (e) are temporary staff engaged to cover periods of sick leave of a Duty | (e) are temporary staff engaged to cover periods of sick leave of a Duty | ||
| Solicitor you have used to obtain Duty Slots whilst you have the | Solicitor you have used to obtain Duty Slots whilst you have the | ||
| Line 2238: | Line 2287: | ||
| result of such a breach and payments made as a result shall be an | result of such a breach and payments made as a result shall be an | ||
| “overpayment or mispayment” as defined in Clause 14. | “overpayment or mispayment” as defined in Clause 14. | ||
| + | |||
| 6.38 You must not submit a CRM12 for a Duty Solicitor during any period of his | 6.38 You must not submit a CRM12 for a Duty Solicitor during any period of his | ||
| or her suspension or exclusion from Duty Scheme work. | or her suspension or exclusion from Duty Scheme work. | ||
| + | |||
| 6.39 Where a Duty Solicitor: | 6.39 Where a Duty Solicitor: | ||
| (a) | (a) | ||
| - | February 2017 | ||
| is under investigation, faces an outstanding criminal charge or has | is under investigation, faces an outstanding criminal charge or has | ||
| been convicted of a criminal offence which is not treated as spent | been convicted of a criminal offence which is not treated as spent | ||
| under the Rehabilitation of Offenders Act 1974; or | under the Rehabilitation of Offenders Act 1974; or | ||
| + | |||
| 48(b) | 48(b) | ||
| has been the subject of any adverse findings by the Adjudication | has been the subject of any adverse findings by the Adjudication | ||
| Line 2253: | Line 2304: | ||
| we may refuse the CRM12 for that Duty Solicitor, provided that we give | we may refuse the CRM12 for that Duty Solicitor, provided that we give | ||
| you and the Duty Solicitor written reasons for our decision. | you and the Duty Solicitor written reasons for our decision. | ||
| + | |||
| Approval of applications | Approval of applications | ||
| + | |||
| 6.40 | 6.40 | ||
| Where we approve a CRM12, we will notify you and the Duty Solicitor | Where we approve a CRM12, we will notify you and the Duty Solicitor | ||
| within 30 days of the date of receipt of the application. | within 30 days of the date of receipt of the application. | ||
| Refusal of applications | Refusal of applications | ||
| + | |||
| 6.41 If we do not approve a CRM12 we will notify you and provide a statement | 6.41 If we do not approve a CRM12 we will notify you and provide a statement | ||
| of reasons for the decision within 30 days of receipt of the application. If | of reasons for the decision within 30 days of receipt of the application. If | ||
| Line 2263: | Line 2317: | ||
| have that decision reviewed under the provisions of Clause 27 of the | have that decision reviewed under the provisions of Clause 27 of the | ||
| Standard Terms. | Standard Terms. | ||
| + | |||
| 6.42 A refusal of an application under Paragraph 6.41 will be on the basis that | 6.42 A refusal of an application under Paragraph 6.41 will be on the basis that | ||
| we do not have adequate evidence that the Duty Solicitor who is the | we do not have adequate evidence that the Duty Solicitor who is the | ||
| Line 3585: | Line 3640: | ||
| 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 3591: | Line 3647: | ||
| 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 3607: | Line 3668: | ||
| 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 3649: | Line 3724: | ||
| 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 3674: | Line 3756: | ||
| 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 5773: | Line 5862: | ||
| 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 5790: | Line 5885: | ||
| 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 5800: | Line 5896: | ||
| 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 5805: | Line 5902: | ||
| 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 5816: | Line 5916: | ||
| 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 5826: | Line 5928: | ||
| Where you provide Advice and Assistance and then Advocacy Assistance in | Where you provide Advice and Assistance and then Advocacy Assistance in | ||
| a Disciplinary Case or in a Parole Board Case | a Disciplinary Case or in a Parole Board Case | ||
| + | |||
| 12.27 Where you are instructed on a Disciplinary Case or a Parole Board Case in | 12.27 Where you are instructed on a Disciplinary Case or a Parole Board Case in | ||
| circumstances where it is clear that there is going to be an oral hearing, | circumstances where it is clear that there is going to be an oral hearing, | ||
| you must start the Case as Advocacy Assistance. | you must start the Case as Advocacy Assistance. | ||
| + | |||
| 12.28 Where you are instructed on a Disciplinary Case or a Parole Board Case in | 12.28 Where you are instructed on a Disciplinary Case or a Parole Board Case in | ||
| circumstances where it is not clear that there is going to be an oral | circumstances where it is not clear that there is going to be an oral | ||
2017_specification.txt · Last modified: 2018/09/04 18:50 by frescom
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