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2017_specification [2017/07/25 17:46]
frescom 		2017_specification [2017/07/25 17:48]
frescom
Line 3640: 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 3646: 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
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 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
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 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
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 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
2017_specification.txt · Last modified: 2018/09/04 18:50 by frescom

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