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====== Criminal Bills Assessment Manual ====== | ====== Criminal Bills Assessment Manual ====== | ||
- | Version Issue date Last review date Owned by | + | Version Issue date Last review date Owned by 4 Legal Aid Agency – Service Development\\ |
- | 4 Legal Aid Agency – Service Development | + | Criminal Bills Assessment Manual – Version 4– July 2017 2\\ |
- | Criminal Bills Assessment Manual – Version 4– July 2017 2 | + | Version History\\ |
- | Version History | + | Version Date Reason\\ |
- | Version Date Reason | + | \\ |
1 25th April 2013 | 1 25th April 2013 | ||
+ | \\ | ||
2 Oct 2015 Incorporated changes brought in by Legal Aid Transformation | 2 Oct 2015 Incorporated changes brought in by Legal Aid Transformation | ||
Consultation 2013 and changes to Criminal Legal Aid regarding the | Consultation 2013 and changes to Criminal Legal Aid regarding the | ||
Anti-Social Behaviour, Crime and Policing Act 2014 | Anti-Social Behaviour, Crime and Policing Act 2014 | ||
+ | \\ | ||
3 Jan 2016 Post Consultation changes and updated regarding Contempt of Court | 3 Jan 2016 Post Consultation changes and updated regarding Contempt of Court | ||
- | 4 July 2017 2017 Standard Crime Contract version | + | \\ |
+ | 4 July 2017 2017 Standard Crime Contract version | ||
Criminal Bills Assessment Manual – Version 4– July 2017 3 | Criminal Bills Assessment Manual – Version 4– July 2017 3 | ||
Contents | Contents | ||
Criminal Bills Assessment Manual 1 | Criminal Bills Assessment Manual 1 | ||
Contents 3 | Contents 3 | ||
+ | |||
1. Introduction 7 | 1. Introduction 7 | ||
+ | |||
2. Basic principles 9 | 2. Basic principles 9 | ||
+ | |||
2.1 General Requirements 9 | 2.1 General Requirements 9 | ||
+ | |||
2.2 Definition of a Fee-Earner 10 | 2.2 Definition of a Fee-Earner 10 | ||
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2.3 The Role of an Assessor 10 | 2.3 The Role of an Assessor 10 | ||
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2.4 Exercise of Discretion and the Reasonableness Test 11 | 2.4 Exercise of Discretion and the Reasonableness Test 11 | ||
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3. Guidance for all Assessments 12 | 3. Guidance for all Assessments 12 | ||
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3.1 Administrative Work and Overheads 12 | 3.1 Administrative Work and Overheads 12 | ||
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3.2 Attendances 12 | 3.2 Attendances 12 | ||
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3.3 Preparation of Documents 13 | 3.3 Preparation of Documents 13 | ||
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3.4 Legal Research 15 | 3.4 Legal Research 15 | ||
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3.5 Multiple Fee-Earners and Fee Earner Changes 15 | 3.5 Multiple Fee-Earners and Fee Earner Changes 15 | ||
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3.6 Solicitor Agents and Solicitor Advocates 16 | 3.6 Solicitor Agents and Solicitor Advocates 16 | ||
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3.7 Reviewing Interview Records 18 | 3.7 Reviewing Interview Records 18 | ||
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3.8 Correspondence 19 | 3.8 Correspondence 19 | ||
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3.9 Travel and Waiting 21 | 3.9 Travel and Waiting 21 | ||
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3.10 Non Legal Support Service for Defendants 26 | 3.10 Non Legal Support Service for Defendants 26 | ||
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4. The Appeals Procedure on Costs Assessments 27 | 4. The Appeals Procedure on Costs Assessments 27 | ||
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4.1 Basis of Assessments and Appeals 27 | 4.1 Basis of Assessments and Appeals 27 | ||
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4.2 Items Disallowed and Provision of Reasons 27 | 4.2 Items Disallowed and Provision of Reasons 27 | ||
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4.3 Appeals 28 | 4.3 Appeals 28 | ||
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4.4 Appeal to an Independent Costs Assessor 28 | 4.4 Appeal to an Independent Costs Assessor 28 | ||
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5. Police Station and Criminal Investigations Work 30 | 5. Police Station and Criminal Investigations Work 30 | ||
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5.1 Regulations 30 | 5.1 Regulations 30 | ||
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5.2 Scope 30 | 5.2 Scope 30 | ||
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5.3 Unique File Numbers 30 | 5.3 Unique File Numbers 30 | ||
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5.4 Duty and Own Solicitors and Representatives 31 | 5.4 Duty and Own Solicitors and Representatives 31 | ||
+ | |||
5.5 Criminal Defence Direct 33 | 5.5 Criminal Defence Direct 33 | ||
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5.6 Immigration 33 | 5.6 Immigration 33 | ||
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Criminal Bills Assessment Manual – Version 4– July 2017 4 | Criminal Bills Assessment Manual – Version 4– July 2017 4 | ||
- | 5.7 Advice Abroad 34 | + | |
- | 5.8 Payment for Police Station Work 34 | + | 5.7 Advice Abroad 34\\ |
- | 5.9 Separate Matters 35 | + | 5.8 Payment for Police Station Work 34\\ |
- | 5.10 Police Station Telephone Advice 37 | + | 5.9 Separate Matters 35\\ |
- | 5.11 Attendance at the Police Station 37 | + | 5.10 Police Station Telephone Advice 37\\ |
- | 5.12 Pre Charge Advocacy Assistance 41 | + | 5.11 Attendance at the Police Station 37\\ |
- | 5.13 Escape Fee Cases 42 | + | 5.12 Pre Charge Advocacy Assistance 41\\ |
- | 5.14 Transferring Solicitor 42 | + | 5.13 Escape Fee Cases 42\\ |
- | 5.15 Freestanding Advice and Assistance 43 | + | 5.14 Transferring Solicitor 42\\ |
- | 6. Proceedings 44 | + | 5.15 Freestanding Advice and Assistance 43\\ |
- | 6.1 Definition of Criminal Proceedings 44 | + | 6. Proceedings 44\\ |
- | 6.2 Advocacy Assistance 44 | + | 6.1 Definition of Criminal Proceedings 44\\ |
- | 6.3 Separate Types of Work under a Representation Order 45 | + | |
- | 6.4 Pre-Order Work 45 | + | 6.2 Advocacy Assistance 44\\ |
- | 6.5 Pre-Order Cover(PROP); Early Cover (PROT) and Means Test Form Completion (PROU) 45 | + | |
- | 6.6 Series of Offences 46 | + | 6.3 Separate Types of Work under a Representation Order 45\\ |
- | 6.7 Counsel 47 | + | |
- | 6.8 Reviewing a File 52 | + | 6.4 Pre-Order Work 45\\ |
- | 6.9 Advice on Appeal 52 | + | |
- | 6.10 Attendance at Police Station to open Master Tape 53 | + | 6.5 Pre-Order Cover(PROP); Early Cover (PROT) and Means Test Form Completion (PROU) 45\\ |
- | 6.11 Attending Client in Custody 53 | + | |
- | 6.12 Attending Court and Adjournments 54 | + | 6.6 Series of Offences 46\\ |
+ | |||
+ | 6.7 Counsel 47\\ | ||
+ | |||
+ | 6.8 Reviewing a File 52\\ | ||
+ | |||
+ | 6.9 Advice on Appeal 52\\ | ||
+ | |||
+ | 6.10 Attendance at Police Station to open Master Tape 53\\ | ||
+ | |||
+ | 6.11 Attending Client in Custody 53\\ | ||
+ | |||
+ | 6.12 Attending Court and Adjournments 54\\ | ||
6.13 Representation and claiming Contempt in the face of Court Proceedings (Criminal Contempt) | 6.13 Representation and claiming Contempt in the face of Court Proceedings (Criminal Contempt) | ||
54 | 54 | ||
+ | |||
6.15 Representation in proceedings in relation to breach of an injunction under Part 1 of the AntiSocial | 6.15 Representation in proceedings in relation to breach of an injunction under Part 1 of the AntiSocial | ||
behaviour Crime and Policing Act 2014 (‘ASBCPA’) 55 | behaviour Crime and Policing Act 2014 (‘ASBCPA’) 55 | ||
+ | |||
6.16 Claiming Representations in Proceedings in relation to breach of an injunction under Part 1 of | 6.16 Claiming Representations in Proceedings in relation to breach of an injunction under Part 1 of | ||
the Anti-Social Behaviour Crime and Policing Act 2014 55 | the Anti-Social Behaviour Crime and Policing Act 2014 55 | ||
+ | |||
6.17 Representation and claiming Civil Contempt of Court matters 56 | 6.17 Representation and claiming Civil Contempt of Court matters 56 | ||
+ | |||
6.18 Domestic Violence Prevention Notices and Orders 57 | 6.18 Domestic Violence Prevention Notices and Orders 57 | ||
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6.19 Closure Orders 58 | 6.19 Closure Orders 58 | ||
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6.20 Virtual Courts 58 | 6.20 Virtual Courts 58 | ||
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6.21 Low Value Theft 59 | 6.21 Low Value Theft 59 | ||
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7. Prior Authority and the Assessment of Disbursements 60 | 7. Prior Authority and the Assessment of Disbursements 60 | ||
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7.1 General 60 | 7.1 General 60 | ||
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7.2 Experts 61 | 7.2 Experts 61 | ||
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7.3 Defendant Expenses 62 | 7.3 Defendant Expenses 62 | ||
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Criminal Bills Assessment Manual – Version 4– July 2017 5 | Criminal Bills Assessment Manual – Version 4– July 2017 5 | ||
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7.4 Witness Expenses (including Prison Inmates) 63 | 7.4 Witness Expenses (including Prison Inmates) 63 | ||
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7.5 Video Evidence of Defence Witnesses 63 | 7.5 Video Evidence of Defence Witnesses 63 | ||
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7.6 Intermediaries 64 | 7.6 Intermediaries 64 | ||
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7.7 Enquiry Agents 64 | 7.7 Enquiry Agents 64 | ||
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Interpreters 64 | Interpreters 64 | ||
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7.8 Translation of Prosecution Documents 65 | 7.8 Translation of Prosecution Documents 65 | ||
+ | |||
7.9 Transcription 66 | 7.9 Transcription 66 | ||
+ | |||
7.10 Purchase of Tapes/Records 66 | 7.10 Purchase of Tapes/Records 66 | ||
+ | |||
7.11 Computer Aided Transcripts (LiveNote) 66 | 7.11 Computer Aided Transcripts (LiveNote) 66 | ||
+ | |||
7.12 Electronic Presentation of Evidence at Trial (EPE) 67 | 7.12 Electronic Presentation of Evidence at Trial (EPE) 67 | ||
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7.13 In-House Photocopying 68 | 7.13 In-House Photocopying 68 | ||
+ | |||
7.14 Defence Post Mortems 68 | 7.14 Defence Post Mortems 68 | ||
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7.15 Data Protection Act Searches 69 | 7.15 Data Protection Act Searches 69 | ||
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7.16 Unused Material 69 | 7.16 Unused Material 69 | ||
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7.17 Payment on Account 70 | 7.17 Payment on Account 70 | ||
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8. Applications for the Extension of an Upper Limit 71 | 8. Applications for the Extension of an Upper Limit 71 | ||
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8.1 General 71 | 8.1 General 71 | ||
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8.2 General Checks 71 | 8.2 General Checks 71 | ||
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8.3 Detailed Checks 72 | 8.3 Detailed Checks 72 | ||
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8.4 Counsel 72 | 8.4 Counsel 72 | ||
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9. Rates & Payment 73 | 9. Rates & Payment 73 | ||
+ | |||
9.1 Enhanced Rates 73 | 9.1 Enhanced Rates 73 | ||
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9.2 Process on Receipt of a Claim for Non-Standard Fees and Escape Fee Cases 74 | 9.2 Process on Receipt of a Claim for Non-Standard Fees and Escape Fee Cases 74 | ||
+ | |||
9.3 Late Claims 75 | 9.3 Late Claims 75 | ||
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9.4 Supplementary and Amending Claims 75 | 9.4 Supplementary and Amending Claims 75 | ||
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9.5 Wasted Costs Orders 76 | 9.5 Wasted Costs Orders 76 | ||
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9.6 Withdrawal of Representation Orders 76 | 9.6 Withdrawal of Representation Orders 76 | ||
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9.7 VAT 77 | 9.7 VAT 77 | ||
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10. Proceeds of Crime Act 2002 (POCA) 78 | 10. Proceeds of Crime Act 2002 (POCA) 78 | ||
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11. Funding for Confiscation Proceedings 80 | 11. Funding for Confiscation Proceedings 80 | ||
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11.1 Confiscation pursued under either The Criminal Justice Act 1988 (CJA) and The Drugs | 11.1 Confiscation pursued under either The Criminal Justice Act 1988 (CJA) and The Drugs | ||
Trafficking Act 1994 (DTA) 80 | Trafficking Act 1994 (DTA) 80 | ||
+ | |||
11.2 Confiscation pursued under The Proceeds of Crime Act 2003 (POCA) 81 | 11.2 Confiscation pursued under The Proceeds of Crime Act 2003 (POCA) 81 | ||
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11.3 Submission of Claims for Crown Court Work 81 | 11.3 Submission of Claims for Crown Court Work 81 | ||
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11.4 Enforcement Proceedings in the Magistrates’ Court 81 | 11.4 Enforcement Proceedings in the Magistrates’ Court 81 | ||
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11.5 Submission of Claims for Magistrates Work 81 | 11.5 Submission of Claims for Magistrates Work 81 | ||
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12. Appeals and Reviews Class of Work 82 | 12. Appeals and Reviews Class of Work 82 | ||
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Criminal Bills Assessment Manual – Version 4– July 2017 6 | Criminal Bills Assessment Manual – Version 4– July 2017 6 | ||
+ | |||
12.1 General 82 | 12.1 General 82 | ||
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12.2 Scope, Previous Advice and Assistance and Matter Start Boundaries 82 | 12.2 Scope, Previous Advice and Assistance and Matter Start Boundaries 82 | ||
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12.3 Criminal Cases Review Commission (CCRC) 83 | 12.3 Criminal Cases Review Commission (CCRC) 83 | ||
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12.4 Representation on an Appeal by way of Case Stated 84 | 12.4 Representation on an Appeal by way of Case Stated 84 | ||
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12.5 Appeals against Extradition 84 | 12.5 Appeals against Extradition 84 | ||
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13. Prison Law 85 | 13. Prison Law 85 | ||
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13.1 The Scope of Prison law 85 | 13.1 The Scope of Prison law 85 | ||
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13.2 Pre December 2nd 2013 Cases 85 | 13.2 Pre December 2nd 2013 Cases 85 | ||
+ | |||
13.3 Evidence of Means 85 | 13.3 Evidence of Means 85 | ||
+ | |||
13.5 Sufficient Benefit Test 86 | 13.5 Sufficient Benefit Test 86 | ||
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13.6 Sentence Calculation 87 | 13.6 Sentence Calculation 87 | ||
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13.7 Disciplinary Cases 87 | 13.7 Disciplinary Cases 87 | ||
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13.8 Parole Board Cases 88 | 13.8 Parole Board Cases 88 | ||
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13.9 Advice and Assistance Fixed Fees 88 | 13.9 Advice and Assistance Fixed Fees 88 | ||
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13.10 New Matters and Matter Start Boundaries 89 | 13.10 New Matters and Matter Start Boundaries 89 | ||
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13.11 The Relationship between Advice and Assistance and Advocacy Assistance in Disciplinary and | 13.11 The Relationship between Advice and Assistance and Advocacy Assistance in Disciplinary and | ||
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Parole Board Matters 89 | Parole Board Matters 89 | ||
+ | |||
13.12 Disciplinary Cases – Advocacy Assistance Standard Fees 90 | 13.12 Disciplinary Cases – Advocacy Assistance Standard Fees 90 | ||
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13.13 Parole Board Cases - Advocacy Assistance Standard Fees 90 | 13.13 Parole Board Cases - Advocacy Assistance Standard Fees 90 | ||
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13.14 Disbursements 91 | 13.14 Disbursements 91 | ||
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13.15 Escape Fee Cases and Non-Standard Fees 91 | 13.15 Escape Fee Cases and Non-Standard Fees 91 | ||
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13.16 Judicial Review 92 | 13.16 Judicial Review 92 | ||
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14. Associated Civil Legal Aid 93 | 14. Associated Civil Legal Aid 93 | ||
+ | |||
14.1 Legal Help and Legal Representation – Judicial Review or Habeas Corpus 93 | 14.1 Legal Help and Legal Representation – Judicial Review or Habeas Corpus 93 | ||
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14.2 Legal Help and Legal Representation – Proceeds of Crime Act 2002 93 | 14.2 Legal Help and Legal Representation – Proceeds of Crime Act 2002 93 | ||
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14.3 Legal Help and Legal Representation in relation to proceedings sought in respect of alleged antisocial | 14.3 Legal Help and Legal Representation in relation to proceedings sought in respect of alleged antisocial | ||
behaviour under part 1 Section 1 of ASBCPA 2014 95 | behaviour under part 1 Section 1 of ASBCPA 2014 95 | ||
+ | |||
15. SOCPA Agreements and Criminal Legal Aid funding 96 | 15. SOCPA Agreements and Criminal Legal Aid funding 96 | ||
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Annex A: Funding for Prescribed Proceedings 98 | Annex A: Funding for Prescribed Proceedings 98 | ||
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Annex B: Financial Eligibility 102 | Annex B: Financial Eligibility 102 | ||
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Criminal Bills Assessment Manual – Version 4– July 2017 7 | Criminal Bills Assessment Manual – Version 4– July 2017 7 | ||
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1. Introduction | 1. Introduction | ||
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1. The guidance contained in this document applies to the assessment of bills in criminal matters | 1. The guidance contained in this document applies to the assessment of bills in criminal matters | ||
and cases (other than in the Crown Court) governed by the 2017 Standard Crime Contract (SCC). If | and cases (other than in the Crown Court) governed by the 2017 Standard Crime Contract (SCC). If | ||
there are any inconsistencies between this document and the SCC, then the SCC will take precedence | there are any inconsistencies between this document and the SCC, then the SCC will take precedence | ||
over this guidance. | over this guidance. | ||
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2. Separate guidance has been published by the Legal Aid Agency (LAA) relating to the Litigator | 2. Separate guidance has been published by the Legal Aid Agency (LAA) relating to the Litigator | ||
Graduated Fee Scheme (LGFS), the Advocates Graduated Fee Scheme (AGFS), and Criminal Very | Graduated Fee Scheme (LGFS), the Advocates Graduated Fee Scheme (AGFS), and Criminal Very | ||
Line 163: | Line 291: | ||
intentional differences between funding scheme guidance. Where such differences occur, the separate | intentional differences between funding scheme guidance. Where such differences occur, the separate | ||
guidance applicable to a particular fee scheme will take precedence over this guidance. | guidance applicable to a particular fee scheme will take precedence over this guidance. | ||
+ | |||
3. Providers undertaking work governed by the SCC are required to keep a detailed record of the | 3. Providers undertaking work governed by the SCC are required to keep a detailed record of the | ||
work done and costs incurred on each file. This document sets out the LAA’s approach to assessing | work done and costs incurred on each file. This document sets out the LAA’s approach to assessing | ||
Line 168: | Line 297: | ||
claims. It will also be used by Contract Managers and Operational Assurance staff undertaking file | claims. It will also be used by Contract Managers and Operational Assurance staff undertaking file | ||
reviews and Contract Compliance Audits. | reviews and Contract Compliance Audits. | ||
+ | |||
4. The Criminal Legal Aid (General) Regulations 2013, the Legal Aid Sentencing and Punishment of | 4. The Criminal Legal Aid (General) Regulations 2013, the Legal Aid Sentencing and Punishment of | ||
Offenders Act 2012 and the SCC should be consulted for an understanding of the scope of Criminal | Offenders Act 2012 and the SCC should be consulted for an understanding of the scope of Criminal | ||
Line 175: | Line 305: | ||
http://www.legislation.gov.uk/ | http://www.legislation.gov.uk/ | ||
https://www.gov.uk/government/publications/standard-crime-contract-2017 | https://www.gov.uk/government/publications/standard-crime-contract-2017 | ||
+ | |||
5. This guidance does not cover the rules and processes for reporting cases to the LAA and | 5. This guidance does not cover the rules and processes for reporting cases to the LAA and | ||
separate guidance on the LAA online system, which must be used to claim cases under the SCC, is | separate guidance on the LAA online system, which must be used to claim cases under the SCC, is | ||
available at the following link: | available at the following link: | ||
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415165/reporting-crimelower-work-guidance.pdf | https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415165/reporting-crimelower-work-guidance.pdf | ||
+ | |||
6. The key Representative Bodies have been consulted on the content of this manual and will be | 6. The key Representative Bodies have been consulted on the content of this manual and will be | ||
consulted each time it is changed. This manual will be reviewed and updated as developments require. | consulted each time it is changed. This manual will be reviewed and updated as developments require. | ||
+ | |||
7. Throughout this guidance there are a number of references to the National Taxation Team’s | 7. Throughout this guidance there are a number of references to the National Taxation Team’s | ||
‘Compendium’, which contains useful case law on criminal costs which may not be reported elsewhere. | ‘Compendium’, which contains useful case law on criminal costs which may not be reported elsewhere. | ||
Line 186: | Line 319: | ||
are to be treated as highly persuasive. Extracts from the Compendium are referred to in the text of this | are to be treated as highly persuasive. Extracts from the Compendium are referred to in the text of this | ||
manual where appropriate. | manual where appropriate. | ||
+ | |||
8. References are also made to previous Points of Principle of General Importance (PoP). PoP | 8. References are also made to previous Points of Principle of General Importance (PoP). PoP | ||
decisions add clarity or interpret the rules for assessing a claim for costs and once certified are binding | decisions add clarity or interpret the rules for assessing a claim for costs and once certified are binding | ||
Line 191: | Line 325: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
Any mention relevant to the PoPs in the guidance will be referenced as “CRIMLA” or “DS”. | Any mention relevant to the PoPs in the guidance will be referenced as “CRIMLA” or “DS”. | ||
+ | |||
9. Unless otherwise specified any references to Regulations in the main text means: | 9. Unless otherwise specified any references to Regulations in the main text means: | ||
Criminal Bills Assessment Manual – Version 4– July 2017 8 | Criminal Bills Assessment Manual – Version 4– July 2017 8 | ||
Line 198: | Line 333: | ||
iv) Criminal Legal Aid (Determination by a Court and Choice of Representative) | iv) Criminal Legal Aid (Determination by a Court and Choice of Representative) | ||
Regulations 2013 | Regulations 2013 | ||
+ | |||
10. Any references to Quality Standards means the Specialist Quality Mark (SQM) or Lexcel. | 10. Any references to Quality Standards means the Specialist Quality Mark (SQM) or Lexcel. | ||
Useful addresses: | Useful addresses: | ||
Line 225: | Line 361: | ||
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/592291/guide-allowancesunder-part-v-costs-criminal-cases-general-september-2016.doc | https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/592291/guide-allowancesunder-part-v-costs-criminal-cases-general-september-2016.doc | ||
Criminal Bills Assessment Manual – Version 4– July 2017 9 | Criminal Bills Assessment Manual – Version 4– July 2017 9 | ||
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2. Basic principles | 2. Basic principles | ||
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2.1 General Requirements | 2.1 General Requirements | ||
+ | |||
1. The basis on which all cost assessments are undertaken is defined at 8.30 to 8.36 of the SCC | 1. The basis on which all cost assessments are undertaken is defined at 8.30 to 8.36 of the SCC | ||
Specification. | Specification. | ||
+ | |||
2. All the relevant circumstances of the case including the nature, importance, complexity or | 2. All the relevant circumstances of the case including the nature, importance, complexity or | ||
difficulty of the work and time involved are considered and a reasonable amount is allowed for all work | difficulty of the work and time involved are considered and a reasonable amount is allowed for all work | ||
actually and reasonably done. | actually and reasonably done. | ||
+ | |||
3. In accordance with 5.6, of the SCC Specification, time should be recorded in 6 minute units. | 3. In accordance with 5.6, of the SCC Specification, time should be recorded in 6 minute units. | ||
+ | |||
4. The onus is on the Provider to provide evidence on file that the work was reasonably done. For | 4. The onus is on the Provider to provide evidence on file that the work was reasonably done. For | ||
each item of work claimed the time spent must be supported by appropriate evidence on file by way of | each item of work claimed the time spent must be supported by appropriate evidence on file by way of | ||
an attendance note or evidence of documentation drafted or perused. Please refer to 8.33, of the SCC | an attendance note or evidence of documentation drafted or perused. Please refer to 8.33, of the SCC | ||
Specification. | Specification. | ||
+ | |||
5. Standardised attendance notes, without any confirmation or reference to specific instructions | 5. Standardised attendance notes, without any confirmation or reference to specific instructions | ||
obtained from or advice given to the client, should not be deemed as satisfactory evidence of the | obtained from or advice given to the client, should not be deemed as satisfactory evidence of the | ||
reasonableness of the work done for any but the briefest of attendances. | reasonableness of the work done for any but the briefest of attendances. | ||
+ | |||
6. All records of work done should be timed and dated. If they are not, the claim may still be allowed | 6. All records of work done should be timed and dated. If they are not, the claim may still be allowed | ||
if alternative evidence exists on file showing the date on which the work was done. | if alternative evidence exists on file showing the date on which the work was done. | ||
+ | |||
7. At the time of audit, Providers must demonstrate that contract work is undertaken in accordance | 7. At the time of audit, Providers must demonstrate that contract work is undertaken in accordance | ||
with the terms of the SCC (Standard Terms, 7.9). Consideration should be given to the most efficient | with the terms of the SCC (Standard Terms, 7.9). Consideration should be given to the most efficient | ||
Line 248: | Line 393: | ||
specific individuals (e.g. accredited representatives, designated fee earners or solicitors), consideration | specific individuals (e.g. accredited representatives, designated fee earners or solicitors), consideration | ||
should be given to identifying those individuals on attendance notes or pro forma documents. | should be given to identifying those individuals on attendance notes or pro forma documents. | ||
+ | |||
8. Where the attendance note does not justify the time spent, or there is no other evidence on file, | 8. Where the attendance note does not justify the time spent, or there is no other evidence on file, | ||
the claim may either be reduced or disallowed. | the claim may either be reduced or disallowed. | ||
+ | |||
9. Individual attendance notes should be carefully considered but it is also important to look at the | 9. Individual attendance notes should be carefully considered but it is also important to look at the | ||
total time claimed for advising on particular issues and on the total time expended on the case as a | total time claimed for advising on particular issues and on the total time expended on the case as a | ||
whole. Justification should be evident for any step that is unusual or takes a significant amount of time. | whole. Justification should be evident for any step that is unusual or takes a significant amount of time. | ||
+ | |||
10. Payment will not be made for time spent on purely administrative matters and office overheads | 10. Payment will not be made for time spent on purely administrative matters and office overheads | ||
(i.e. the costs of running the Provider). Work undertaken by fee-earning staff is not automatically | (i.e. the costs of running the Provider). Work undertaken by fee-earning staff is not automatically | ||
considered fee-earning work for this purpose. See Section 3 (below) for further details of administrative | considered fee-earning work for this purpose. See Section 3 (below) for further details of administrative | ||
work and refer to 5.54 to 5.56, of the SCC Specification for more details of non-chargeable work. | work and refer to 5.54 to 5.56, of the SCC Specification for more details of non-chargeable work. | ||
+ | |||
11. Handwritten notes are acceptable provided the Assessor can clearly see what they relate to. | 11. Handwritten notes are acceptable provided the Assessor can clearly see what they relate to. | ||
There is no requirement that attendance notes should be typed up. | There is no requirement that attendance notes should be typed up. | ||
+ | |||
12. A solicitor is not entitled to be paid for preparing, checking or signing a claim for costs. (R -vSandhu | 12. A solicitor is not entitled to be paid for preparing, checking or signing a claim for costs. (R -vSandhu | ||
- The Taxing Compendium): | - The Taxing Compendium): | ||
Line 265: | Line 415: | ||
not possibly fall within this definition of legal aid… no such allowance is permissible. The item was rightly | not possibly fall within this definition of legal aid… no such allowance is permissible. The item was rightly | ||
disallowed by the determining officer.” | disallowed by the determining officer.” | ||
+ | |||
13. A Provider may not make a claim for costs from the LAA that have been incurred due to an error | 13. A Provider may not make a claim for costs from the LAA that have been incurred due to an error | ||
on their part. For example, a letter sent to the client to address an earlier error or omission could not be | on their part. For example, a letter sent to the client to address an earlier error or omission could not be | ||
claimed or the costs of the production of a second Representation Order if the original has been lost by | claimed or the costs of the production of a second Representation Order if the original has been lost by | ||
the Provider. Please refer to 5.59, of the SCC Specification. | the Provider. Please refer to 5.59, of the SCC Specification. | ||
+ | |||
2.2 Definition of a Fee-Earner | 2.2 Definition of a Fee-Earner | ||
+ | |||
1. Other than work undertaken by an agent or counsel it is only possible to pay for work done by a | 1. Other than work undertaken by an agent or counsel it is only possible to pay for work done by a | ||
fee-earner under the SCC. This means a solicitor, a legal executive, a clerk or any other person who | fee-earner under the SCC. This means a solicitor, a legal executive, a clerk or any other person who | ||
Line 276: | Line 429: | ||
may work on the same case and the Assessor should ensure that, where this occurs, there is no | may work on the same case and the Assessor should ensure that, where this occurs, there is no | ||
unnecessary duplication of work. Please also refer to 4.52, of the SCC Specification. | unnecessary duplication of work. Please also refer to 4.52, of the SCC Specification. | ||
+ | |||
2. In accordance with 2.36, of the SCC Specification, it would not be expected for a non-designated | 2. In accordance with 2.36, of the SCC Specification, it would not be expected for a non-designated | ||
fee earner to undertake more than 3 hours work a month. | fee earner to undertake more than 3 hours work a month. | ||
+ | |||
3. In accordance with 2.39, of the SCC Specification, 80% of instances of Police Station Advice and | 3. In accordance with 2.39, of the SCC Specification, 80% of instances of Police Station Advice and | ||
Assistance Matters, and 50% of Advocacy Assistance Matters in the Magistrate’s Court should be | Assistance Matters, and 50% of Advocacy Assistance Matters in the Magistrate’s Court should be | ||
undertaken by Designated Fee Earners. | undertaken by Designated Fee Earners. | ||
+ | |||
4. An employee of a Provider may act partly as a fee-earner and partly in another capacity. The test | 4. An employee of a Provider may act partly as a fee-earner and partly in another capacity. The test | ||
is whether it would be appropriate to directly charge the client for the fee-earning part of the work (R -vDuxbury | is whether it would be appropriate to directly charge the client for the fee-earning part of the work (R -vDuxbury | ||
Line 288: | Line 444: | ||
purpose of the Regulations. It was a question of fact to be determined in each case whether the | purpose of the Regulations. It was a question of fact to be determined in each case whether the | ||
individual concerned was a fee-earner.” | individual concerned was a fee-earner.” | ||
+ | |||
5. A fee-earner does not necessarily have to be a full-time employee, as set out in the PoP CRIMLA | 5. A fee-earner does not necessarily have to be a full-time employee, as set out in the PoP CRIMLA | ||
43, see: | 43, see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
2.3 The Role of an Assessor | 2.3 The Role of an Assessor | ||
+ | |||
1. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2013, the Director of Legal | 1. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2013, the Director of Legal | ||
Aid Casework is the appropriate authority to determine a claim for costs relating to contract work. In | Aid Casework is the appropriate authority to determine a claim for costs relating to contract work. In | ||
practice, the assessment of costs is delegated to LAA staff. | practice, the assessment of costs is delegated to LAA staff. | ||
+ | |||
2. In this manual, the term “Assessor” is used instead of “determining officer”. The role of an | 2. In this manual, the term “Assessor” is used instead of “determining officer”. The role of an | ||
Assessor is to allow such work/time which appears to have been reasonably done by a fee-earner in | Assessor is to allow such work/time which appears to have been reasonably done by a fee-earner in | ||
relation to each type of work specified in the Contract and Regulations and to allow such disbursements | relation to each type of work specified in the Contract and Regulations and to allow such disbursements | ||
as appear to have been reasonably incurred. | as appear to have been reasonably incurred. | ||
+ | |||
3. An Assessor should not be required to “second guess” what a fee-earner has done as this should | 3. An Assessor should not be required to “second guess” what a fee-earner has done as this should | ||
be evident from the file. | be evident from the file. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 11 | Criminal Bills Assessment Manual – Version 4– July 2017 11 | ||
2.4 Exercise of Discretion and the Reasonableness Test | 2.4 Exercise of Discretion and the Reasonableness Test | ||
+ | |||
1. In accordance with 5.7 of the SCC Specification, an Assessor must determine whether the work | 1. In accordance with 5.7 of the SCC Specification, an Assessor must determine whether the work | ||
appears to have been reasonably done and whether the time claimed is reasonable. “Reasonable” | appears to have been reasonably done and whether the time claimed is reasonable. “Reasonable” | ||
Line 308: | Line 469: | ||
PoP CRIMLA 38 see: | PoP CRIMLA 38 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
2. Determining reasonableness will involve, in general terms, taking into account all the relevant | 2. Determining reasonableness will involve, in general terms, taking into account all the relevant | ||
circumstances of the case including; the nature, importance, complexity or difficulty of the work, the time | circumstances of the case including; the nature, importance, complexity or difficulty of the work, the time | ||
Line 317: | Line 479: | ||
amount or which is unreasonably incurred. In short, whenever it is too high, he must tax down. Otherwise | amount or which is unreasonably incurred. In short, whenever it is too high, he must tax down. Otherwise | ||
the legal aid system could be much abused by solicitors and counsel.” (Per Lord Denning MR) | the legal aid system could be much abused by solicitors and counsel.” (Per Lord Denning MR) | ||
+ | |||
3. As well as assessing individual items of work the Assessor is entitled to look at the claim as a | 3. As well as assessing individual items of work the Assessor is entitled to look at the claim as a | ||
whole. The Assessor should initially undertake a per item assessment and then consider the | whole. The Assessor should initially undertake a per item assessment and then consider the | ||
Line 325: | Line 488: | ||
dispatch must be required while making proper allowance for matters such as a difficult client and the | dispatch must be required while making proper allowance for matters such as a difficult client and the | ||
dangers of hindsight in the unpredictable field of litigation.” (Per Henry LJ) | dangers of hindsight in the unpredictable field of litigation.” (Per Henry LJ) | ||
+ | |||
4. The assessing officer should not apply the benefit of hindsight. The claim should be assessed | 4. The assessing officer should not apply the benefit of hindsight. The claim should be assessed | ||
with reference to the information that was reasonably available to the solicitor at the time. In the civil | with reference to the information that was reasonably available to the solicitor at the time. In the civil | ||
Line 331: | Line 495: | ||
determining officer is that of a sensible solicitor sitting in his chair and considering what in the light of his | determining officer is that of a sensible solicitor sitting in his chair and considering what in the light of his | ||
then knowledge is reasonable in the interests of his lay client.” (Per Sachs, J) | then knowledge is reasonable in the interests of his lay client.” (Per Sachs, J) | ||
+ | |||
5. An Assessor must have regard to CLA56 and may only depart form a Provider’s use of delegated | 5. An Assessor must have regard to CLA56 and may only depart form a Provider’s use of delegated | ||
functions where the Provider’s decision was ‘manifestly unreasonable’ i.e. where the use of delegated | functions where the Provider’s decision was ‘manifestly unreasonable’ i.e. where the use of delegated | ||
Line 343: | Line 508: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
Criminal Bills Assessment Manual – Version 4– July 2017 12 | Criminal Bills Assessment Manual – Version 4– July 2017 12 | ||
+ | |||
3. Guidance for all Assessments | 3. Guidance for all Assessments | ||
+ | |||
3.1 Administrative Work and Overheads | 3.1 Administrative Work and Overheads | ||
+ | |||
1. Subject to any express exceptions, payment will not be made for time spent on purely | 1. Subject to any express exceptions, payment will not be made for time spent on purely | ||
administrative matters (5.54, of the SCC Specification). Thus, office overheads are not recoverable | administrative matters (5.54, of the SCC Specification). Thus, office overheads are not recoverable | ||
under the SCC. Overheads include, but are not limited to: the cost of maintaining premises, taxes, | under the SCC. Overheads include, but are not limited to: the cost of maintaining premises, taxes, | ||
postage, stationery, typing, faxing, and telephone bills. | postage, stationery, typing, faxing, and telephone bills. | ||
+ | |||
2. In deciding whether fee-earning work is administrative, consideration should be given to the work | 2. In deciding whether fee-earning work is administrative, consideration should be given to the work | ||
that was actually undertaken and not just the person doing the work. The test for fee-earning work is | that was actually undertaken and not just the person doing the work. The test for fee-earning work is | ||
whether it goes directly to the provision of contracted legal services to the client. | whether it goes directly to the provision of contracted legal services to the client. | ||
+ | |||
3. The cost of undertaking all but exceptional quantities of photocopying in-house is regarded as an | 3. The cost of undertaking all but exceptional quantities of photocopying in-house is regarded as an | ||
overhead expense (see Section 7). | overhead expense (see Section 7). | ||
+ | |||
4. Pursuant to 5.55, of the SCC Specification, the Assessor may not allow payment for preparing, | 4. Pursuant to 5.55, of the SCC Specification, the Assessor may not allow payment for preparing, | ||
checking, or signing a claim for costs. The cost of opening and setting up files, and maintaining time | checking, or signing a claim for costs. The cost of opening and setting up files, and maintaining time | ||
costing records are all administrative costs. | costing records are all administrative costs. | ||
+ | |||
5. Courier fees are also excluded unless it is necessary to use a courier to deliver documents as a | 5. Courier fees are also excluded unless it is necessary to use a courier to deliver documents as a | ||
matter of urgency and the urgency has not been created by delay on the part of the solicitor. | matter of urgency and the urgency has not been created by delay on the part of the solicitor. | ||
+ | |||
3.2 Attendances | 3.2 Attendances | ||
+ | |||
1. Where there have been several attendances on the client, consideration should be given as to | 1. Where there have been several attendances on the client, consideration should be given as to | ||
whether the later attendances dealt with issues which could have been raised at an earlier stage or dealt | whether the later attendances dealt with issues which could have been raised at an earlier stage or dealt | ||
Line 374: | Line 548: | ||
determining officer to be astute to seek ways of snipping of,' small amounts of time here and there in a | determining officer to be astute to seek ways of snipping of,' small amounts of time here and there in a | ||
bill of costs.” | bill of costs.” | ||
+ | |||
2. The frequency and length of the attendances should be justified on file and should relate to all the | 2. The frequency and length of the attendances should be justified on file and should relate to all the | ||
circumstances apparent from the file. | circumstances apparent from the file. | ||
+ | |||
3. If lengthy attendances are claimed, these should be capable of substantiation by reference to | 3. If lengthy attendances are claimed, these should be capable of substantiation by reference to | ||
statements taken from the defendant and/or witnesses or a full file note. | statements taken from the defendant and/or witnesses or a full file note. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 13 | Criminal Bills Assessment Manual – Version 4– July 2017 13 | ||
+ | |||
4. The solicitor may need to see persons other than the defendant, e.g. witnesses (whether as to | 4. The solicitor may need to see persons other than the defendant, e.g. witnesses (whether as to | ||
fact or character) and also perhaps the prosecution, social services, or probation service. National | fact or character) and also perhaps the prosecution, social services, or probation service. National | ||
Line 384: | Line 561: | ||
procedure. Work undertaken attending on a defence witness to explain those procedures should | procedure. Work undertaken attending on a defence witness to explain those procedures should | ||
generally be allowed, provided the time spent is reasonable. | generally be allowed, provided the time spent is reasonable. | ||
+ | |||
5. For any attendance claimed over two units (12 minutes) in length, the Assessor should expect to | 5. For any attendance claimed over two units (12 minutes) in length, the Assessor should expect to | ||
see some detail showing the instructions taken, or the advice given, or how the case was progressed. | see some detail showing the instructions taken, or the advice given, or how the case was progressed. | ||
Line 397: | Line 575: | ||
d) Details of the papers considered such as the pages read or summary of the context. | d) Details of the papers considered such as the pages read or summary of the context. | ||
Child Defendants | Child Defendants | ||
+ | |||
6. When representing children i.e. those under 18, it could be necessary for the solicitor to spend | 6. When representing children i.e. those under 18, it could be necessary for the solicitor to spend | ||
some time in attending and advising parents, guardians or other relatives. The Assessor should consider | some time in attending and advising parents, guardians or other relatives. The Assessor should consider | ||
the age and capacity of the client and allow such time as is reasonable. | the age and capacity of the client and allow such time as is reasonable. | ||
+ | |||
7. The Assessor should, however, ensure that time has not been claimed in respect of | 7. The Assessor should, however, ensure that time has not been claimed in respect of | ||
unreasonable attendances on parents or other relatives. The Assessor should be satisfied that the | unreasonable attendances on parents or other relatives. The Assessor should be satisfied that the | ||
attendance in question has materially progressed the case. | attendance in question has materially progressed the case. | ||
+ | |||
3.3 Preparation of Documents | 3.3 Preparation of Documents | ||
+ | |||
1. When claiming for the preparation of documents, an attendance note should show the time spent | 1. When claiming for the preparation of documents, an attendance note should show the time spent | ||
in preparation of that particular document (e.g. a statement or long letter) and should normally be | in preparation of that particular document (e.g. a statement or long letter) and should normally be | ||
evidenced by the existence of that document or a copy on the file. The length or nature of the document | evidenced by the existence of that document or a copy on the file. The length or nature of the document | ||
should justify the time claimed in its preparation. | should justify the time claimed in its preparation. | ||
+ | |||
2. The length and content of any statements taken from a defendant and/or witnesses should be | 2. The length and content of any statements taken from a defendant and/or witnesses should be | ||
considered, particularly if lengthy attendances are claimed. As a guide, it will normally take | considered, particularly if lengthy attendances are claimed. As a guide, it will normally take | ||
Line 420: | Line 603: | ||
the case itself may be complex. The solicitor should justify why additional time was spent as part of the | the case itself may be complex. The solicitor should justify why additional time was spent as part of the | ||
claim. | claim. | ||
+ | |||
3. Time spent in dictation of attendance notes, proofs, briefs, etc. should be allowed as preparation, | 3. Time spent in dictation of attendance notes, proofs, briefs, etc. should be allowed as preparation, | ||
provided that it is reasonable. Proof reading to check accuracy of documents may be allowed as | provided that it is reasonable. Proof reading to check accuracy of documents may be allowed as | ||
Line 441: | Line 625: | ||
solicitor may also need to spend some time linking the content of witness statements to the visual | solicitor may also need to spend some time linking the content of witness statements to the visual | ||
recording. | recording. | ||
+ | |||
6. In complex cases, the volume of served evidence can be extensive. If the documents show a | 6. In complex cases, the volume of served evidence can be extensive. If the documents show a | ||
clear prima facie case, then the amount of time required to consider the remaining evidence may be very | clear prima facie case, then the amount of time required to consider the remaining evidence may be very | ||
Line 447: | Line 632: | ||
the amount of time spent by the solicitor on preparation. More detailed justifications are more likely to be | the amount of time spent by the solicitor on preparation. More detailed justifications are more likely to be | ||
required in larger cases which are more complex. | required in larger cases which are more complex. | ||
+ | |||
7. It is important to look at the case as a whole, and to take into account all the available information | 7. It is important to look at the case as a whole, and to take into account all the available information | ||
including the number and nature of the charge(s), the defendant's plea, the facts available about the | including the number and nature of the charge(s), the defendant's plea, the facts available about the | ||
incident resulting in the charge, and to consider the relevance of any time spent by the conducting | incident resulting in the charge, and to consider the relevance of any time spent by the conducting | ||
solicitor in providing advice at the police station. | solicitor in providing advice at the police station. | ||
+ | |||
8. When evaluating the amount of time spent preparing a case, account should be taken of the | 8. When evaluating the amount of time spent preparing a case, account should be taken of the | ||
number of documents a solicitor has had to peruse, including the committal file and/or papers received | number of documents a solicitor has had to peruse, including the committal file and/or papers received | ||
Line 456: | Line 643: | ||
on the claim form when claiming a non-Standard Fee. The complexity of a case should not be | on the claim form when claiming a non-Standard Fee. The complexity of a case should not be | ||
determined according to the volume of documents alone, but this is a relevant factor. | determined according to the volume of documents alone, but this is a relevant factor. | ||
+ | |||
9. To refuse to allow a solicitor to read all the witness statements contained in the Advanced | 9. To refuse to allow a solicitor to read all the witness statements contained in the Advanced | ||
Information would be unreasonable as it would not enable the solicitor to obtain an overview of the whole | Information would be unreasonable as it would not enable the solicitor to obtain an overview of the whole | ||
case. This may be invaluable later in terms of subsequent cost savings and it would question the | case. This may be invaluable later in terms of subsequent cost savings and it would question the | ||
solicitor’s judgement in a way that could be regarded as prejudicial to the judicial process. | solicitor’s judgement in a way that could be regarded as prejudicial to the judicial process. | ||
+ | |||
10. There is a difference between reading and considering documents, such as the Advanced | 10. There is a difference between reading and considering documents, such as the Advanced | ||
Information for the purpose of advising on plea, and detailed consideration of documents by way of | Information for the purpose of advising on plea, and detailed consideration of documents by way of | ||
Line 466: | Line 655: | ||
and documents of greater complexity may take longer either to read and comprehend, or to compare | and documents of greater complexity may take longer either to read and comprehend, or to compare | ||
with other documents, e.g. an expert’s report. | with other documents, e.g. an expert’s report. | ||
+ | |||
11. If a defendant clearly intends to plead guilty, less detailed consideration of documents will | 11. If a defendant clearly intends to plead guilty, less detailed consideration of documents will | ||
generally be needed than where the case is contested. In a contested matter the solicitor will need to | generally be needed than where the case is contested. In a contested matter the solicitor will need to | ||
consider all the papers prior to the substantive hearing. | consider all the papers prior to the substantive hearing. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 15 | Criminal Bills Assessment Manual – Version 4– July 2017 15 | ||
+ | |||
12. A solicitor may be entitled to claim as part of preparation work time spent in correcting | 12. A solicitor may be entitled to claim as part of preparation work time spent in correcting | ||
prosecuting papers, although it would be unusual to do so. Reference should be made to the PoP | prosecuting papers, although it would be unusual to do so. Reference should be made to the PoP | ||
CRIMLA 16 see: | CRIMLA 16 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
3.4 Legal Research | 3.4 Legal Research | ||
+ | |||
1. A solicitor who undertakes criminal work is expected to be able to deal with everyday criminal | 1. A solicitor who undertakes criminal work is expected to be able to deal with everyday criminal | ||
cases without the need to do a great deal of legal research. 5.56, of the SCC Specification provides that | cases without the need to do a great deal of legal research. 5.56, of the SCC Specification provides that | ||
Line 484: | Line 677: | ||
There would have to be some particular justification e.g. there has been a recent change in the law that | There would have to be some particular justification e.g. there has been a recent change in the law that | ||
may affect the file and the matter has to be considered for that reason. | may affect the file and the matter has to be considered for that reason. | ||
+ | |||
2. Time spent in researching a novel, developing or unusual point of law or the implications of new | 2. Time spent in researching a novel, developing or unusual point of law or the implications of new | ||
legislation may be allowed Perry and Alexander -v- The Lord Chancellor [1994] - The Taxing | legislation may be allowed Perry and Alexander -v- The Lord Chancellor [1994] - The Taxing | ||
Line 489: | Line 683: | ||
“We are in no doubt that this was a case where Counsel was entitled to spend time both in getting up the | “We are in no doubt that this was a case where Counsel was entitled to spend time both in getting up the | ||
law and then applying it to the circumstances of the case.” | law and then applying it to the circumstances of the case.” | ||
+ | |||
3. There should be something in the particular case that raises it above the norm in order to justify | 3. There should be something in the particular case that raises it above the norm in order to justify | ||
legal research. Where such a claim is made, the Assessor would expect to see evidence of the research | legal research. Where such a claim is made, the Assessor would expect to see evidence of the research | ||
Line 535: | Line 730: | ||
However, the time spent by the other fee-earner is not allowable. The justification for the claim should be | However, the time spent by the other fee-earner is not allowable. The justification for the claim should be | ||
recorded on the attendance note if not readily apparent. | recorded on the attendance note if not readily apparent. | ||
+ | |||
3.6 Solicitor Agents and Solicitor Advocates | 3.6 Solicitor Agents and Solicitor Advocates | ||
+ | |||
Solicitor Agents | Solicitor Agents | ||
+ | |||
1. In accordance with 4.11 to 4.15, of the SCC Specification, it may be appropriate in certain | 1. In accordance with 4.11 to 4.15, of the SCC Specification, it may be appropriate in certain | ||
circumstances to instruct an agent, counsel, or other approved third party. | circumstances to instruct an agent, counsel, or other approved third party. | ||
+ | |||
2. Where a solicitor is instructed by a client at some distance from his or her office, he or she should | 2. Where a solicitor is instructed by a client at some distance from his or her office, he or she should | ||
consider whether or not it would be more appropriate to instruct a solicitor agent to represent the client. | consider whether or not it would be more appropriate to instruct a solicitor agent to represent the client. | ||
Line 544: | Line 743: | ||
proper to decline instructions if a non-local solicitor considers that the costs incurred could not be wholly | proper to decline instructions if a non-local solicitor considers that the costs incurred could not be wholly | ||
recovered under the contract R -v- Goodwin - The Taxing Compendium: | recovered under the contract R -v- Goodwin - The Taxing Compendium: | ||
+ | |||
“The solicitors appealed against the amount allowed for travelling and waiting time and expenses, their | “The solicitors appealed against the amount allowed for travelling and waiting time and expenses, their | ||
practice being based about a hundred miles from the defendant's home and the local court where the | practice being based about a hundred miles from the defendant's home and the local court where the | ||
Line 549: | Line 749: | ||
on the basis of what should reasonably have been allowed to a local solicitor.” | on the basis of what should reasonably have been allowed to a local solicitor.” | ||
To that extent the client’s choice of solicitor is limited by reasonableness. | To that extent the client’s choice of solicitor is limited by reasonableness. | ||
+ | |||
3. If a solicitor agent is used, the agent's profit costs may not be claimed as a disbursement and | 3. If a solicitor agent is used, the agent's profit costs may not be claimed as a disbursement and | ||
must be included within the solicitor's profit costs claim. | must be included within the solicitor's profit costs claim. | ||
+ | |||
4. Where a non-Standard Fee is claimed, the use of a solicitor agent should be shown in the | 4. Where a non-Standard Fee is claimed, the use of a solicitor agent should be shown in the | ||
schedule of time spent on the claim form. The time spent by the agent should be incorporated into the | schedule of time spent on the claim form. The time spent by the agent should be incorporated into the | ||
Line 556: | Line 758: | ||
between the parties and need not be based on prescribed hourly rates. | between the parties and need not be based on prescribed hourly rates. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 17 | Criminal Bills Assessment Manual – Version 4– July 2017 17 | ||
+ | |||
5. Travel and waiting may only be claimed in respect of Undesignated Standard and non-Standard | 5. Travel and waiting may only be claimed in respect of Undesignated Standard and non-Standard | ||
Fees. No travel or waiting may be claimed in respect of Designated Standard Fees or Designated nonStandard | Fees. No travel or waiting may be claimed in respect of Designated Standard Fees or Designated nonStandard | ||
Fees. | Fees. | ||
+ | |||
6. Where the Assessor decides that local agents should have been used to save time and expense, | 6. Where the Assessor decides that local agents should have been used to save time and expense, | ||
a notional assessment should be undertaken. Reference should be made to the PoP CRIMLA 21 see: | a notional assessment should be undertaken. Reference should be made to the PoP CRIMLA 21 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
In-House Advocates | In-House Advocates | ||
+ | |||
7. Some solicitors have obtained higher court advocacy rights in criminal proceedings which mean | 7. Some solicitors have obtained higher court advocacy rights in criminal proceedings which mean | ||
that they have a right of audience in any court in the same way as barristers. Pursuant to the definition | that they have a right of audience in any court in the same way as barristers. Pursuant to the definition | ||
Line 569: | Line 775: | ||
employed in-house (an in-house advocate) will be treated as a solicitor for the purposes of remuneration | employed in-house (an in-house advocate) will be treated as a solicitor for the purposes of remuneration | ||
in the Magistrates Court. | in the Magistrates Court. | ||
+ | |||
8. Where an in-house advocate appears in the Magistrates’ Court as an Assigned Counsel he or | 8. Where an in-house advocate appears in the Magistrates’ Court as an Assigned Counsel he or | ||
she will be entitled to claim advocacy rates in accordance with the rates set out in the Criminal Legal Aid | she will be entitled to claim advocacy rates in accordance with the rates set out in the Criminal Legal Aid | ||
Line 575: | Line 782: | ||
rates. Preparation for a hearing should be claimed at the hourly preparation rate set out in the Criminal | rates. Preparation for a hearing should be claimed at the hourly preparation rate set out in the Criminal | ||
Legal Aid (Remuneration) Regulations 2013. | Legal Aid (Remuneration) Regulations 2013. | ||
+ | |||
9. Subject to the exception in para 10 below, and when acting as an Assigned Counsel, in-house | 9. Subject to the exception in para 10 below, and when acting as an Assigned Counsel, in-house | ||
advocate’s fees should be claimed as profit costs. | advocate’s fees should be claimed as profit costs. | ||
+ | |||
10. When an in-house advocate (from a different Provider) provides an opinion (like counsel), as per | 10. When an in-house advocate (from a different Provider) provides an opinion (like counsel), as per | ||
4.16-4.19 of the SCC Specification, that solicitor’s charges should be included as a disbursement in the | 4.16-4.19 of the SCC Specification, that solicitor’s charges should be included as a disbursement in the | ||
instructing solicitor’s bill. This recognises that the solicitor with higher court advocacy rights is providing | instructing solicitor’s bill. This recognises that the solicitor with higher court advocacy rights is providing | ||
the same service as a barrister. | the same service as a barrister. | ||
+ | |||
11. If an in-house advocate acts as on behalf of his or her own Provider or is instructed as an | 11. If an in-house advocate acts as on behalf of his or her own Provider or is instructed as an | ||
advocate on behalf of another Provider when higher court advocacy rights are not required, his or her | advocate on behalf of another Provider when higher court advocacy rights are not required, his or her | ||
Line 587: | Line 797: | ||
required his or her charges may be included as a disbursement in the instructing solicitor’s bill in the | required his or her charges may be included as a disbursement in the instructing solicitor’s bill in the | ||
same way as a barrister’s would be. | same way as a barrister’s would be. | ||
+ | |||
12. Payment should be claimed at the relevant “preparation rate”. If the payment is properly claimed | 12. Payment should be claimed at the relevant “preparation rate”. If the payment is properly claimed | ||
as a disbursement the appropriate hourly rate depends upon the rate which the in-house advocate | as a disbursement the appropriate hourly rate depends upon the rate which the in-house advocate | ||
providing the opinion is entitled to charge. It does not depend upon the rate that the conducting solicitor | providing the opinion is entitled to charge. It does not depend upon the rate that the conducting solicitor | ||
is entitled to charge. | is entitled to charge. | ||
+ | |||
13. Where work done by an in-house advocate is claimable as a disbursement, it should be shown | 13. Where work done by an in-house advocate is claimable as a disbursement, it should be shown | ||
as such on their claim for payment and any claim for payment on account. In each case, a copy of the | as such on their claim for payment and any claim for payment on account. In each case, a copy of the | ||
Line 597: | Line 809: | ||
to be properly assessed. | to be properly assessed. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 18 | Criminal Bills Assessment Manual – Version 4– July 2017 18 | ||
+ | |||
3.7 Reviewing Interview Records | 3.7 Reviewing Interview Records | ||
+ | |||
1. Listening to or watching a recording of the interview is often vital to the proper preparation of the | 1. Listening to or watching a recording of the interview is often vital to the proper preparation of the | ||
client’s defence and particularly important where the client intends to contest the charge or is unsure | client’s defence and particularly important where the client intends to contest the charge or is unsure | ||
about plea. | about plea. | ||
+ | |||
2. It is reasonable in principle for solicitors to listen/watch recordings of police interviews where the | 2. It is reasonable in principle for solicitors to listen/watch recordings of police interviews where the | ||
client cannot confirm that the police summary is correct provided that the justification for doing so is | client cannot confirm that the police summary is correct provided that the justification for doing so is | ||
properly evidenced on file. | properly evidenced on file. | ||
+ | |||
3. Previous guidance issued by the Ministry of Justice on how to deal with claims for listening to | 3. Previous guidance issued by the Ministry of Justice on how to deal with claims for listening to | ||
tapes applies here. This is as follows - | tapes applies here. This is as follows - | ||
Line 625: | Line 841: | ||
where counsel has been instructed by his solicitor to listen then it would be unreasonable to disallow | where counsel has been instructed by his solicitor to listen then it would be unreasonable to disallow | ||
counsel’s claim for doing so.” | counsel’s claim for doing so.” | ||
+ | |||
4. If the Provider conducting criminal proceedings also attended the police interview(s) or delegated | 4. If the Provider conducting criminal proceedings also attended the police interview(s) or delegated | ||
this to a freelance agent, then any written summary of the interview(s) should be referred to the feeearner | this to a freelance agent, then any written summary of the interview(s) should be referred to the feeearner | ||
Line 630: | Line 847: | ||
allowing payment for listening/watching, Assessors will expect to see a brief note on file confirming the | allowing payment for listening/watching, Assessors will expect to see a brief note on file confirming the | ||
view of the police station adviser as to whether the written summary is accurate or adequate. | view of the police station adviser as to whether the written summary is accurate or adequate. | ||
+ | |||
5. If a fee-earner decides to listen/watch a record any note produced as a result of this should | 5. If a fee-earner decides to listen/watch a record any note produced as a result of this should | ||
highlight the relevant passages using real recording times. This will assist the advocate at any | highlight the relevant passages using real recording times. This will assist the advocate at any | ||
Line 635: | Line 853: | ||
preparation for a trial hearing. If the advocate decides to review the full record then further brief | preparation for a trial hearing. If the advocate decides to review the full record then further brief | ||
justification must be provided as to the reasons why. | justification must be provided as to the reasons why. | ||
+ | |||
6. Where a recording is reviewed on the basis that the summary or record was materially disputed | 6. Where a recording is reviewed on the basis that the summary or record was materially disputed | ||
and the resolution of the dispute was relevant to the conduct of the defence, then it would be reasonable | and the resolution of the dispute was relevant to the conduct of the defence, then it would be reasonable | ||
Line 643: | Line 862: | ||
tape. However, if the client is unsure about the summary, then it may be reasonable for the solicitor to | tape. However, if the client is unsure about the summary, then it may be reasonable for the solicitor to | ||
listen/watch the tape, provided that the reason for doing so is justified in an attendance note. | listen/watch the tape, provided that the reason for doing so is justified in an attendance note. | ||
+ | |||
7. The length of the record is a starting point for the assessment of what is reasonable but it will not | 7. The length of the record is a starting point for the assessment of what is reasonable but it will not | ||
always be necessary for the solicitor to review the whole record (rather than just to the material part) nor | always be necessary for the solicitor to review the whole record (rather than just to the material part) nor | ||
would it be reasonable to assume that the record was played through without interruption (i.e. more than | would it be reasonable to assume that the record was played through without interruption (i.e. more than | ||
the running time of the record may be allowed). | the running time of the record may be allowed). | ||
+ | |||
8. Where a non-Standard Fee is claimed, the solicitor should confirm on the claim form the total | 8. Where a non-Standard Fee is claimed, the solicitor should confirm on the claim form the total | ||
time spent watching or listening to recorded evidence. | time spent watching or listening to recorded evidence. | ||
+ | |||
9. It may be appropriate for a solicitor to review a “no comment” interview to identify the questions | 9. It may be appropriate for a solicitor to review a “no comment” interview to identify the questions | ||
which may cause an adverse inference to be drawn. A solicitor may also review a tape to ensure that an | which may cause an adverse inference to be drawn. A solicitor may also review a tape to ensure that an | ||
Line 654: | Line 876: | ||
that the solicitor is aware of any situational pressures, the client’s vulnerabilities, and the conduct of the | that the solicitor is aware of any situational pressures, the client’s vulnerabilities, and the conduct of the | ||
investigating officer and others involved in questioning the client. | investigating officer and others involved in questioning the client. | ||
+ | |||
3.8 Correspondence | 3.8 Correspondence | ||
General | General | ||
+ | |||
1. Routine letters written and routine telephone calls are paid at the routine rate set out in the | 1. Routine letters written and routine telephone calls are paid at the routine rate set out in the | ||
Criminal Legal Aid (Remuneration) Regulations 2013. Payment for each of these is on a per item basis | Criminal Legal Aid (Remuneration) Regulations 2013. Payment for each of these is on a per item basis | ||
in accordance with the SCC. | in accordance with the SCC. | ||
+ | |||
2. Not every telephone call or letter claimed should automatically be allowed. The assessing officer | 2. Not every telephone call or letter claimed should automatically be allowed. The assessing officer | ||
must make a decision whether it was reasonable to make the call or write the letter and give reasons for | must make a decision whether it was reasonable to make the call or write the letter and give reasons for | ||
any that are disallowed. | any that are disallowed. | ||
+ | |||
3. Letters sent or telephone calls made to correct an error made by the solicitor or to obtain | 3. Letters sent or telephone calls made to correct an error made by the solicitor or to obtain | ||
information which could reasonably have been obtained at an earlier interview (in the light of the | information which could reasonably have been obtained at an earlier interview (in the light of the | ||
Line 669: | Line 895: | ||
that the work was in any event reasonably required. The Assessor must be careful not to apply the | that the work was in any event reasonably required. The Assessor must be careful not to apply the | ||
benefit of hindsight. | benefit of hindsight. | ||
+ | |||
4. Where a solicitor telephones/writes to their client reminding the client of an impending court | 4. Where a solicitor telephones/writes to their client reminding the client of an impending court | ||
appearance, the solicitor may claim the standard rate for the telephone call or letter. This reminder | appearance, the solicitor may claim the standard rate for the telephone call or letter. This reminder | ||
Line 696: | Line 923: | ||
letter containing an expert’s report, then the actual time spent considering the letter may be charged as | letter containing an expert’s report, then the actual time spent considering the letter may be charged as | ||
preparation, provided that it is reasonable. | preparation, provided that it is reasonable. | ||
+ | |||
11. Where a letter is produced to a standard format then the presumption would be that the routine | 11. Where a letter is produced to a standard format then the presumption would be that the routine | ||
letter rate should be claimed for that letter. Where a routine letter is adapted to include content that is | letter rate should be claimed for that letter. Where a routine letter is adapted to include content that is | ||
particular to the client’s case and materially progresses the case, the time involved in drafting that part of | particular to the client’s case and materially progresses the case, the time involved in drafting that part of | ||
the letter may be allowed as preparation, provided that it exceeds the time threshold set out above. | the letter may be allowed as preparation, provided that it exceeds the time threshold set out above. | ||
+ | |||
12. Letters are subject to the reasonableness test in the usual way and where a number of separate | 12. Letters are subject to the reasonableness test in the usual way and where a number of separate | ||
letters are produced to deal with matters which could reasonably, conveniently and appropriately have | letters are produced to deal with matters which could reasonably, conveniently and appropriately have | ||
Line 709: | Line 938: | ||
may be allowed in circumstances where it is reasonable and necessary to send separate letters (e.g. a | may be allowed in circumstances where it is reasonable and necessary to send separate letters (e.g. a | ||
case involving a child where copy letters are sent to the child’s parent or guardian). | case involving a child where copy letters are sent to the child’s parent or guardian). | ||
+ | |||
13. The solicitor may, if they consider it appropriate, write to the client after each court appearance, | 13. The solicitor may, if they consider it appropriate, write to the client after each court appearance, | ||
giving details of the decision of the court and the client's next appearance before the court. The solicitor | giving details of the decision of the court and the client's next appearance before the court. The solicitor | ||
Line 716: | Line 946: | ||
case. Reference should be made to the PoP CRIMLA 2 see: | case. Reference should be made to the PoP CRIMLA 2 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
14. It will not usually be reasonable to allow a claim for a letter written by a secretary or other nonfee-earner | 14. It will not usually be reasonable to allow a claim for a letter written by a secretary or other nonfee-earner | ||
without any specific action by the fee-earner, unless it can be construed as fee-earner work | without any specific action by the fee-earner, unless it can be construed as fee-earner work | ||
Line 721: | Line 952: | ||
example of a letter that would not require fee-earner work would be the sending of a cheque to an | example of a letter that would not require fee-earner work would be the sending of a cheque to an | ||
expert. | expert. | ||
+ | |||
15. It is good practice to provide covering letters when sending out documents. Sending the | 15. It is good practice to provide covering letters when sending out documents. Sending the | ||
document alone may be insufficient explanation to the recipient and retaining only the document on file is | document alone may be insufficient explanation to the recipient and retaining only the document on file is | ||
Line 726: | Line 958: | ||
Telephone Calls | Telephone Calls | ||
Criminal Bills Assessment Manual – Version 4– July 2017 21 | Criminal Bills Assessment Manual – Version 4– July 2017 21 | ||
+ | |||
16. If a telephone call is claimed as non-routine attendance, and at preparation rates, a proper record | 16. If a telephone call is claimed as non-routine attendance, and at preparation rates, a proper record | ||
of its content should be provided to justify this claim. The Assessor should consider whether the call was | of its content should be provided to justify this claim. The Assessor should consider whether the call was | ||
Line 731: | Line 964: | ||
call satisfying these criteria and lasting over 12 minutes in length would be likely to justify a claim for | call satisfying these criteria and lasting over 12 minutes in length would be likely to justify a claim for | ||
preparation. Any call claimed as preparation must not be simultaneously claimed as a routine item. | preparation. Any call claimed as preparation must not be simultaneously claimed as a routine item. | ||
+ | |||
17. The Assessor should look at the work done rather than the role of the person conducting it. | 17. The Assessor should look at the work done rather than the role of the person conducting it. | ||
Chargeable, fee-earning, work is work for which it is appropriate to make a direct charge to a client. | Chargeable, fee-earning, work is work for which it is appropriate to make a direct charge to a client. | ||
Line 736: | Line 970: | ||
overheads. Administrative telephone calls are generally calls to arrange appointments or other calls that | overheads. Administrative telephone calls are generally calls to arrange appointments or other calls that | ||
have no legal content. | have no legal content. | ||
+ | |||
18. No allowance can be made for non-effective or abortive telephone calls i.e. where the line was | 18. No allowance can be made for non-effective or abortive telephone calls i.e. where the line was | ||
engaged or the telephone is not answered or a mobile phone is switched off. R -v- Hudson - The Taxing | engaged or the telephone is not answered or a mobile phone is switched off. R -v- Hudson - The Taxing | ||
Line 742: | Line 977: | ||
not seem to justify the disallowance of any routine letter written, or any routine telephone call, other than | not seem to justify the disallowance of any routine letter written, or any routine telephone call, other than | ||
abortive calls which the last sentence expressly excludes.” | abortive calls which the last sentence expressly excludes.” | ||
+ | |||
19. Where a message is left (even if a voicemail) the routine rate should be allowed provided this | 19. Where a message is left (even if a voicemail) the routine rate should be allowed provided this | ||
constitutes an attempt to progress the case. | constitutes an attempt to progress the case. | ||
E-mails | E-mails | ||
+ | |||
20. Where an e-mail is sent instead of a letter then it can be allowed as a letter on normal principles. | 20. Where an e-mail is sent instead of a letter then it can be allowed as a letter on normal principles. | ||
A printout of the e-mail must be kept on file. No separate claim can be made for sending a hard copy as | A printout of the e-mail must be kept on file. No separate claim can be made for sending a hard copy as | ||
no extra preparation time is involved. Evidence of all e-mail communication should be retained on file. | no extra preparation time is involved. Evidence of all e-mail communication should be retained on file. | ||
+ | |||
21. As with the above paragraph 9, an email of substantial length may be claimed at the preparation | 21. As with the above paragraph 9, an email of substantial length may be claimed at the preparation | ||
rate, if it is reasonable. | rate, if it is reasonable. | ||
+ | |||
22. Internal e-mail communication within a Provider should be treated as an overhead, except where | 22. Internal e-mail communication within a Provider should be treated as an overhead, except where | ||
it forms part of case preparation e.g. sending a note for advocate via e-mail. Routine e-mails received | it forms part of case preparation e.g. sending a note for advocate via e-mail. Routine e-mails received | ||
Line 755: | Line 994: | ||
more than one recipient, i.e. only one item may be claimed for. | more than one recipient, i.e. only one item may be claimed for. | ||
Text Messages | Text Messages | ||
+ | |||
23. If a text message is sent instead of making a routine telephone call, the text may be claimed as a | 23. If a text message is sent instead of making a routine telephone call, the text may be claimed as a | ||
routine call, provided that the reason for using text instead of the telephone is justified on file and the | routine call, provided that the reason for using text instead of the telephone is justified on file and the | ||
Line 760: | Line 1000: | ||
routine letter or call. | routine letter or call. | ||
Faxes | Faxes | ||
+ | |||
24. Where a letter is sent by fax or attached to an email then it is claimable on normal principles. | 24. Where a letter is sent by fax or attached to an email then it is claimable on normal principles. | ||
However, no separate claim can be made for the subsequent hard copy of the letter as there has been | However, no separate claim can be made for the subsequent hard copy of the letter as there has been | ||
no extra preparation time involved. Time spent sending a fax (as opposed to preparing the content of the | no extra preparation time involved. Time spent sending a fax (as opposed to preparing the content of the | ||
letter) is administrative work and not claimable. | letter) is administrative work and not claimable. | ||
+ | |||
+ | |||
3.9 Travel and Waiting | 3.9 Travel and Waiting | ||
+ | |||
General | General | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 22 | + | |
1. Travel or waiting cannot be claimed separately if the case is undertaken in a designated area | 1. Travel or waiting cannot be claimed separately if the case is undertaken in a designated area | ||
(10.85, of the SCC Specification). | (10.85, of the SCC Specification). | ||
+ | |||
2. Police Station Fixed Fees usually include an element of travel and waiting as part of the fees. | 2. Police Station Fixed Fees usually include an element of travel and waiting as part of the fees. | ||
Travel and waiting time would therefore only be remunerated separate to the fee in exceptional claims. | Travel and waiting time would therefore only be remunerated separate to the fee in exceptional claims. | ||
+ | |||
3. Where a solicitor deals with more than one case on the same day, travelling and waiting time and | 3. Where a solicitor deals with more than one case on the same day, travelling and waiting time and | ||
travel disbursements should be apportioned appropriately between each case provided that there is no | travel disbursements should be apportioned appropriately between each case provided that there is no | ||
Line 776: | Line 1022: | ||
then the solicitor should note the apportionment of costs on the file and the non-Standard Fee claim form | then the solicitor should note the apportionment of costs on the file and the non-Standard Fee claim form | ||
where applicable. | where applicable. | ||
+ | |||
+ | |||
Travel | Travel | ||
+ | |||
4. Whenever travel time is incurred, the Assessor should consider whether it was reasonable for the | 4. Whenever travel time is incurred, the Assessor should consider whether it was reasonable for the | ||
journey to be made and whether the time claimed for that journey is reasonable. There is an expectation | journey to be made and whether the time claimed for that journey is reasonable. There is an expectation | ||
that the solicitor will use the most economical mode of transport possible whilst taking into consideration | that the solicitor will use the most economical mode of transport possible whilst taking into consideration | ||
the practical considerations of the case. R- v -Slessor – The Compendium | the practical considerations of the case. R- v -Slessor – The Compendium | ||
+ | |||
“(a) prima facie the amount to be allowed is the cost of the time expended on and the expenses incurred | “(a) prima facie the amount to be allowed is the cost of the time expended on and the expenses incurred | ||
in making the journey by public transport, provided that public transport is available and is reasonably | in making the journey by public transport, provided that public transport is available and is reasonably | ||
convenient, having regard to the relevant circumstances in each case;” | convenient, having regard to the relevant circumstances in each case;” | ||
+ | |||
5. Both the costs of the disbursement, and the time taken at the profit cost travel rate, should be | 5. Both the costs of the disbursement, and the time taken at the profit cost travel rate, should be | ||
taken into consideration. Where applicable, and travel time is claimable, both elements need to be borne | taken into consideration. Where applicable, and travel time is claimable, both elements need to be borne | ||
Line 789: | Line 1040: | ||
the fund of the former might be greater in the particular circumstances if one adds in the extra time the | the fund of the former might be greater in the particular circumstances if one adds in the extra time the | ||
journey will take at the hourly travelling time rate. | journey will take at the hourly travelling time rate. | ||
+ | |||
6. First class travel may be claimed, but only where it is explicitly proven to be the most economical | 6. First class travel may be claimed, but only where it is explicitly proven to be the most economical | ||
fare available at the time and the appropriate evidence is retained on file. | fare available at the time and the appropriate evidence is retained on file. | ||
+ | |||
7. The contract does not prevent the solicitor from travelling to attend on counsel, experts, | 7. The contract does not prevent the solicitor from travelling to attend on counsel, experts, | ||
witnesses or site inspections where it is appropriate to do so. The contract is primarily concerned with | witnesses or site inspections where it is appropriate to do so. The contract is primarily concerned with | ||
Line 797: | Line 1050: | ||
could be referred to a more local contractor. It is unlikely to be reasonable for a Provider to claim for | could be referred to a more local contractor. It is unlikely to be reasonable for a Provider to claim for | ||
travel for more than one hour each way. | travel for more than one hour each way. | ||
+ | |||
8. However, it may be reasonable to accept instructions from a more distant client where: | 8. However, it may be reasonable to accept instructions from a more distant client where: | ||
+ | |||
a) There is no other more local contractor available. | a) There is no other more local contractor available. | ||
+ | |||
b) The client’s problem is so specialised that, in the solicitor’s reasonable view, there is no | b) The client’s problem is so specialised that, in the solicitor’s reasonable view, there is no | ||
more local contractor with the expertise to deal with the case. | more local contractor with the expertise to deal with the case. | ||
+ | |||
c) The solicitor has significant previous knowledge of the case or dealings with the client in | c) The solicitor has significant previous knowledge of the case or dealings with the client in | ||
relation to the issues raised by the case so as to justify renewed involvement even though | relation to the issues raised by the case so as to justify renewed involvement even though | ||
the client is at a distance. | the client is at a distance. | ||
+ | |||
d) The local court or the remand centre where the client is located is more than one hour’s | d) The local court or the remand centre where the client is located is more than one hour’s | ||
travelling time away. | travelling time away. | ||
+ | |||
9. The greater the distance the greater the justification which will be required. | 9. The greater the distance the greater the justification which will be required. | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 23 | + | |
10. The reason for accepting instructions and or making the journey when the client is at a distance | 10. The reason for accepting instructions and or making the journey when the client is at a distance | ||
should be noted and kept on the file. | should be noted and kept on the file. | ||
+ | |||
11. The amount allowed in respect of reasonable travel should reflect the full cost and time spent on | 11. The amount allowed in respect of reasonable travel should reflect the full cost and time spent on | ||
each journey. Reference should be made to the PoP CRIMLA 33 see: | each journey. Reference should be made to the PoP CRIMLA 33 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
12. Local travel expenses should not be claimed if the solicitor’s office is within walking distance of | 12. Local travel expenses should not be claimed if the solicitor’s office is within walking distance of | ||
the court. A solicitor is not entitled to claim the cost of travelling from home to the office. R- v- Slessor – | the court. A solicitor is not entitled to claim the cost of travelling from home to the office. R- v- Slessor – | ||
+ | |||
The Compendium | The Compendium | ||
+ | |||
“(b) a solicitor is not entitled to claim the cost of the time spent or cost incurred in travelling to his office | “(b) a solicitor is not entitled to claim the cost of the time spent or cost incurred in travelling to his office | ||
from his home; the journey should be deemed to start from the solicitor's office, unless he in fact started | from his home; the journey should be deemed to start from the solicitor's office, unless he in fact started | ||
from his home and that was nearer to the court than his office;” | from his home and that was nearer to the court than his office;” | ||
+ | |||
+ | |||
13. Providers are not entitled to claim the time or costs for travelling between the Provider’s offices | 13. Providers are not entitled to claim the time or costs for travelling between the Provider’s offices | ||
unless justified for example if the witness or client requested a meeting nearer to them due to mobility | unless justified for example if the witness or client requested a meeting nearer to them due to mobility | ||
problems. The maximum fee principle will be applied to any claim where staff have travelled from a nonlocal | problems. The maximum fee principle will be applied to any claim where staff have travelled from a nonlocal | ||
office or where non-employed fee earner have been used, such as an agent or representative. | office or where non-employed fee earner have been used, such as an agent or representative. | ||
+ | |||
+ | |||
14. It would generally be expected for the client to attend the solicitor’s office. A solicitor’s claim for | 14. It would generally be expected for the client to attend the solicitor’s office. A solicitor’s claim for | ||
travelling to attend the client may be allowed only where there is a particular reason for do so and a | travelling to attend the client may be allowed only where there is a particular reason for do so and a | ||
Line 830: | Line 1097: | ||
telephone. Where it is deemed that an unnecessary number of journeys are made then the travel | telephone. Where it is deemed that an unnecessary number of journeys are made then the travel | ||
claimed may be disallowed. | claimed may be disallowed. | ||
+ | |||
15. 9.102, of the SCC Specification confirms that the Provider must not claim more than 45 minutes | 15. 9.102, of the SCC Specification confirms that the Provider must not claim more than 45 minutes | ||
travel time each way on a Police Station exceptional claim. | travel time each way on a Police Station exceptional claim. | ||
+ | |||
16. Furthermore 12.35 of the SCC Specification confirms that the Provider must not claim more than | 16. Furthermore 12.35 of the SCC Specification confirms that the Provider must not claim more than | ||
one hour each way on a Prison Law Escape Fee Case. The only exception to this is when a client is | one hour each way on a Prison Law Escape Fee Case. The only exception to this is when a client is | ||
moved Prison and the case has already reached the Escape Fee Threshold. In these circumstances a | moved Prison and the case has already reached the Escape Fee Threshold. In these circumstances a | ||
Provider may claim up to three hours travel either way (12.36-12.37 of the SCC Specification). | Provider may claim up to three hours travel either way (12.36-12.37 of the SCC Specification). | ||
+ | |||
17. Assessors should note that on occasions a fee-earner may have to travel with bulky case papers | 17. Assessors should note that on occasions a fee-earner may have to travel with bulky case papers | ||
and reference books. There is also a security and confidentiality issue in that solicitors must keep the | and reference books. There is also a security and confidentiality issue in that solicitors must keep the | ||
Line 841: | Line 1111: | ||
circumstances it may not be reasonable to expect a solicitor to use public transport. The onus is on the | circumstances it may not be reasonable to expect a solicitor to use public transport. The onus is on the | ||
solicitor to provide relevant justification on file. | solicitor to provide relevant justification on file. | ||
+ | |||
18. The mileage rate outlined at Part 5.48, of the SCC Specification should only be paid where the | 18. The mileage rate outlined at Part 5.48, of the SCC Specification should only be paid where the | ||
use of a private motor vehicle was necessary (for example, because no public transport was available), | use of a private motor vehicle was necessary (for example, because no public transport was available), | ||
Line 847: | Line 1118: | ||
the use of a private motor vehicle was otherwise reasonable (for example, where a fee earner needs to | the use of a private motor vehicle was otherwise reasonable (for example, where a fee earner needs to | ||
carry a large number of sensitive documents). | carry a large number of sensitive documents). | ||
+ | |||
19. The Mileage rate for the use of a bicycle is 20p per mile. | 19. The Mileage rate for the use of a bicycle is 20p per mile. | ||
+ | |||
20. In instances where there is no justification for the use of a private motor vehicle, the cost of public | 20. In instances where there is no justification for the use of a private motor vehicle, the cost of public | ||
transportation, or a notional public transport mileage rate (25p) may be applied. The public transport rate | transportation, or a notional public transport mileage rate (25p) may be applied. The public transport rate | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 24 | ||
is a rate per mile calculated to be equivalent to the average cost of public transport. R- v- Slessor – The | is a rate per mile calculated to be equivalent to the average cost of public transport. R- v- Slessor – The | ||
Compendium | Compendium | ||
+ | |||
+ | |||
“(e) if the journey is one which could have been made by public transport, but is accomplished by motor | “(e) if the journey is one which could have been made by public transport, but is accomplished by motor | ||
car purely as a matter of preference, then the allowance to be made for travelling time should be the | car purely as a matter of preference, then the allowance to be made for travelling time should be the | ||
Line 858: | Line 1132: | ||
the less: expenses should be calculated on the basis of the "public transport" mileage rate (that rate is | the less: expenses should be calculated on the basis of the "public transport" mileage rate (that rate is | ||
calculated by reference to the average cost of public transport per mile)…” | calculated by reference to the average cost of public transport per mile)…” | ||
+ | |||
“(f) if public transport is not available or not reasonably convenient, the actual time spent in travelling | “(f) if public transport is not available or not reasonably convenient, the actual time spent in travelling | ||
should be allowed and the expenses should be calculated on the basis of the standard mileage rate…” | should be allowed and the expenses should be calculated on the basis of the standard mileage rate…” | ||
+ | |||
“(g) what may be "not reasonably convenient" is a matter of discretion, dependent upon the relevant | “(g) what may be "not reasonably convenient" is a matter of discretion, dependent upon the relevant | ||
circumstances of each case, and what is reasonably convenient in one set of circumstances may not be | circumstances of each case, and what is reasonably convenient in one set of circumstances may not be | ||
Line 866: | Line 1142: | ||
may be justified - the Taxing Master urged determining officers to adopt a flexible and broad approach to | may be justified - the Taxing Master urged determining officers to adopt a flexible and broad approach to | ||
the problem.” | the problem.” | ||
+ | |||
“Per curiam: so far as expenses only are concerned these rules apply equally to members of the Bar in | “Per curiam: so far as expenses only are concerned these rules apply equally to members of the Bar in | ||
cases in which it is appropriate to include an element for expenses in the fees allowed, but no allowance | cases in which it is appropriate to include an element for expenses in the fees allowed, but no allowance | ||
for the cost of time spent in travelling is made to them.” | for the cost of time spent in travelling is made to them.” | ||
+ | |||
21. The Assessor should allow what is reasonable in the circumstances, bearing in mind that the | 21. The Assessor should allow what is reasonable in the circumstances, bearing in mind that the | ||
most economical fare might not always be appropriate. It would be usual to expect alternative quotes to | most economical fare might not always be appropriate. It would be usual to expect alternative quotes to | ||
be sought to identify the most competitive route. | be sought to identify the most competitive route. | ||
+ | |||
22. Invoices/receipts should always be produced in support of claims for travel expenses. Where | 22. Invoices/receipts should always be produced in support of claims for travel expenses. Where | ||
travel disbursements are claimed, a dated breakdown must be provided in support. Claims for up to £20 | travel disbursements are claimed, a dated breakdown must be provided in support. Claims for up to £20 | ||
Line 877: | Line 1156: | ||
on file. All expenses of £20 or more (excluding mileage) must be substantiated by the relevant | on file. All expenses of £20 or more (excluding mileage) must be substantiated by the relevant | ||
disbursement voucher or an explanation why it is not available on the file. | disbursement voucher or an explanation why it is not available on the file. | ||
+ | |||
23. If prior authority has been obtained to cover the expense, then the voucher and a copy of the | 23. If prior authority has been obtained to cover the expense, then the voucher and a copy of the | ||
authority must be available but there is no need to justify why the expense was incurred, unless the | authority must be available but there is no need to justify why the expense was incurred, unless the | ||
amount exceeds the prior authority given. | amount exceeds the prior authority given. | ||
+ | |||
24. The ticket and/or an internet print out for the journey undertaken should be provided alongside | 24. The ticket and/or an internet print out for the journey undertaken should be provided alongside | ||
the evidence that the fee for the journey has been paid. The onus is on the Provider to ensure that clear | the evidence that the fee for the journey has been paid. The onus is on the Provider to ensure that clear | ||
Line 885: | Line 1166: | ||
evidence should refer to the particular journey, the date of the journey, the class of fare, the price of the | evidence should refer to the particular journey, the date of the journey, the class of fare, the price of the | ||
disbursement, and the case concerned. | disbursement, and the case concerned. | ||
+ | |||
25. The cost of travel by air may only be allowed if there is no reasonable alternative and the class of | 25. The cost of travel by air may only be allowed if there is no reasonable alternative and the class of | ||
fare is reasonable in all the circumstances, or if air travel is more economical taking into account the time | fare is reasonable in all the circumstances, or if air travel is more economical taking into account the time | ||
Line 891: | Line 1173: | ||
transport should be allowed. | transport should be allowed. | ||
Waiting | Waiting | ||
+ | |||
26. A solicitor may have very little control over the amount of time spent waiting at court for the case | 26. A solicitor may have very little control over the amount of time spent waiting at court for the case | ||
to be called. The Assessor should only disallow this element of a claim if it appears excessive i.e. in | to be called. The Assessor should only disallow this element of a claim if it appears excessive i.e. in | ||
Line 896: | Line 1179: | ||
excess of 20 units (2 hours) as a rough guide. A note must be included on the file to outline why any | excess of 20 units (2 hours) as a rough guide. A note must be included on the file to outline why any | ||
excessive waiting time has been claimed. | excessive waiting time has been claimed. | ||
+ | |||
27. A solicitor cannot claim as waiting time the period spent at court over the luncheon adjournment | 27. A solicitor cannot claim as waiting time the period spent at court over the luncheon adjournment | ||
R -v- Varney - The Taxing Compendium – | R -v- Varney - The Taxing Compendium – | ||
Line 902: | Line 1186: | ||
conferences with counsel, it should not be treated as time during which a solicitor would expect to be | conferences with counsel, it should not be treated as time during which a solicitor would expect to be | ||
working and for which he would make a charge to his client.” | working and for which he would make a charge to his client.” | ||
+ | |||
28. This time may be used to undertake preparation work which may be remunerated according to | 28. This time may be used to undertake preparation work which may be remunerated according to | ||
the usual principles i.e. reasonableness. | the usual principles i.e. reasonableness. | ||
+ | |||
29. If the solicitor attends on the client or counsel during waiting time then this should be claimed as | 29. If the solicitor attends on the client or counsel during waiting time then this should be claimed as | ||
attendance and care should be exercised to ensure that there is no double claiming. It would not be | attendance and care should be exercised to ensure that there is no double claiming. It would not be | ||
reasonable for a solicitor to claim waiting time, plus a separate attendance. | reasonable for a solicitor to claim waiting time, plus a separate attendance. | ||
+ | |||
30. Courts may “double list” trial hearings to ensure that court time is used efficiently. If a case is | 30. Courts may “double list” trial hearings to ensure that court time is used efficiently. If a case is | ||
“stood out” at the last minute due to a re-listing, the waiting time incurred should normally be allowed as | “stood out” at the last minute due to a re-listing, the waiting time incurred should normally be allowed as | ||
the solicitor is not responsible for the double listing. | the solicitor is not responsible for the double listing. | ||
Overnight Expenses | Overnight Expenses | ||
+ | |||
31. The cost of overnight accommodation should only be allowed if the Assessor is satisfied that an | 31. The cost of overnight accommodation should only be allowed if the Assessor is satisfied that an | ||
attendance at a distance is justified and that the need for an overnight stay is justified. Even if it is | attendance at a distance is justified and that the need for an overnight stay is justified. Even if it is | ||
Line 916: | Line 1204: | ||
at some stage in the case. Reference should be made to the PoP CRIMLA 31 see: | at some stage in the case. Reference should be made to the PoP CRIMLA 31 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
32. Where overnight expenditure can be reasonably justified (with receipts), taking into consideration | 32. Where overnight expenditure can be reasonably justified (with receipts), taking into consideration | ||
all circumstances of the case, the following/rates will apply: | all circumstances of the case, the following/rates will apply: | ||
Line 928: | Line 1217: | ||
Overnight (other than at a hotel) Up to £25 per night | Overnight (other than at a hotel) Up to £25 per night | ||
Congestion Charging and Toll Roads | Congestion Charging and Toll Roads | ||
+ | |||
33. Where a solicitor’s usual daily commute triggers the Congestions Charge that charge should not | 33. Where a solicitor’s usual daily commute triggers the Congestions Charge that charge should not | ||
be claimed on work done in relation to a case. | be claimed on work done in relation to a case. | ||
+ | |||
34. A fee-earner who has driven into the zone (who does not normally do so) within charging hours | 34. A fee-earner who has driven into the zone (who does not normally do so) within charging hours | ||
and specifically for the purposes of a case may claim for the Congestion Charge. Whenever the charge | and specifically for the purposes of a case may claim for the Congestion Charge. Whenever the charge | ||
is incurred it is subject to reasonableness. | is incurred it is subject to reasonableness. | ||
+ | |||
35. Fee–earners based at a solicitor’s office outside the charging zone may claim the congestion | 35. Fee–earners based at a solicitor’s office outside the charging zone may claim the congestion | ||
charge as a disbursement, subject to the considerations outlined below as to its reasonableness. | charge as a disbursement, subject to the considerations outlined below as to its reasonableness. | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 26 | + | |
36. The additional cost of the Congestion Charge should be considered when deciding the | 36. The additional cost of the Congestion Charge should be considered when deciding the | ||
reasonableness of travel by car. As public transport is widely available within the zone, it is the solicitor's | reasonableness of travel by car. As public transport is widely available within the zone, it is the solicitor's | ||
Line 941: | Line 1233: | ||
evidence on the file in order to justify the use of private transport, the notional public transport mileage | evidence on the file in order to justify the use of private transport, the notional public transport mileage | ||
rate or the cost of public transport will apply. | rate or the cost of public transport will apply. | ||
+ | |||
37. If a solicitor undertakes a journey including a toll road, this may be deemed a reasonable | 37. If a solicitor undertakes a journey including a toll road, this may be deemed a reasonable | ||
disbursement. Evidence should be included on the file in order to justify why this was the most | disbursement. Evidence should be included on the file in order to justify why this was the most | ||
economical route. | economical route. | ||
+ | |||
38. Since there is no charge for additional travel on the same day, the charge should be claimed as a | 38. Since there is no charge for additional travel on the same day, the charge should be claimed as a | ||
disbursement if it has been triggered only as a result of the work on the particular case, and would not | disbursement if it has been triggered only as a result of the work on the particular case, and would not | ||
Line 950: | Line 1244: | ||
necessary to apportion the charge between clients as it will be triggered by the first incidence of travel | necessary to apportion the charge between clients as it will be triggered by the first incidence of travel | ||
and should be credited to the first client attended. | and should be credited to the first client attended. | ||
+ | |||
39. The fund will only be responsible for the charge itself and will not pay any surcharge or penalty | 39. The fund will only be responsible for the charge itself and will not pay any surcharge or penalty | ||
levied for late payment. | levied for late payment. | ||
+ | |||
40. The charge is outside the scope of VAT so VAT cannot be claimed. | 40. The charge is outside the scope of VAT so VAT cannot be claimed. | ||
+ | |||
3.10 Non Legal Support Service for Defendants | 3.10 Non Legal Support Service for Defendants | ||
+ | |||
1. Criminal Legal Aid exists to secure legal services for individuals subject to criminal investigations | 1. Criminal Legal Aid exists to secure legal services for individuals subject to criminal investigations | ||
and criminal proceedings. As well as the services themselves, it funds expenses that are incidental or | and criminal proceedings. As well as the services themselves, it funds expenses that are incidental or | ||
conducive to those services, such as travel costs for solicitors and experts. | conducive to those services, such as travel costs for solicitors and experts. | ||
+ | |||
2. Some support services are available for defendants or defence witnesses who are deemed to be | 2. Some support services are available for defendants or defence witnesses who are deemed to be | ||
particularly vulnerable. These services support and prepare the individuals for their appearance at court, | particularly vulnerable. These services support and prepare the individuals for their appearance at court, | ||
and assess them for the equivalent of the special measures provided for victims and witnesses. | and assess them for the equivalent of the special measures provided for victims and witnesses. | ||
+ | |||
3. In exceptional circumstances it may be reasonable for the Provider to claim for defendant’s travel | 3. In exceptional circumstances it may be reasonable for the Provider to claim for defendant’s travel | ||
expenses (please refer to section 8 below). | expenses (please refer to section 8 below). | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 27 | + | |
4. The Appeals Procedure on Costs Assessments | 4. The Appeals Procedure on Costs Assessments | ||
+ | |||
4.1 Basis of Assessments and Appeals | 4.1 Basis of Assessments and Appeals | ||
+ | |||
1. Any assessment made under 8.30 to 8.36, of the SCC Specification shall take place on the basis | 1. Any assessment made under 8.30 to 8.36, of the SCC Specification shall take place on the basis | ||
of determining whether work was actually and reasonably done and any disbursements actually and | of determining whether work was actually and reasonably done and any disbursements actually and | ||
Line 1060: | Line 1363: | ||
9. Once the ICA has made a decision there is no further right of appeal. | 9. Once the ICA has made a decision there is no further right of appeal. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 30 | Criminal Bills Assessment Manual – Version 4– July 2017 30 | ||
+ | |||
5. Police Station and Criminal Investigations Work | 5. Police Station and Criminal Investigations Work | ||
+ | |||
5.1 Regulations | 5.1 Regulations | ||
+ | |||
1. Police Station Advice and Assistance is provided under Part 2 of the Criminal Legal Aid (General) | 1. Police Station Advice and Assistance is provided under Part 2 of the Criminal Legal Aid (General) | ||
Regulations 2013. This should be read alongside Section 13 of the Legal Aid, Sentencing and | Regulations 2013. This should be read alongside Section 13 of the Legal Aid, Sentencing and | ||
Punishment of Offenders Act 2012, which determines the Director of Legal Aid Casework, in the context | Punishment of Offenders Act 2012, which determines the Director of Legal Aid Casework, in the context | ||
of police station work, to fund such Advice and Assistance as it considers appropriate. | of police station work, to fund such Advice and Assistance as it considers appropriate. | ||
+ | |||
2. Police Station Advice and Assistance can be given either by a duty solicitor or the client’s own | 2. Police Station Advice and Assistance can be given either by a duty solicitor or the client’s own | ||
solicitor. Criminal Legal Aid can only pay for advice if that Provider holds a Contract. Subject to local | solicitor. Criminal Legal Aid can only pay for advice if that Provider holds a Contract. Subject to local | ||
arrangements Duty work can only be claimed for a scheme for which the Provider is eligible. | arrangements Duty work can only be claimed for a scheme for which the Provider is eligible. | ||
+ | |||
5.2 Scope | 5.2 Scope | ||
+ | |||
1. The scope of Police Station Advice and Assistance is defined in the Criminal Investigations Class | 1. The scope of Police Station Advice and Assistance is defined in the Criminal Investigations Class | ||
of Work (9.1 & 9.2 of the SCC Specification). | of Work (9.1 & 9.2 of the SCC Specification). | ||
+ | |||
2. Police Station Advice and Assistance, Police Station Telephone Advice and Police Station | 2. Police Station Advice and Assistance, Police Station Telephone Advice and Police Station | ||
Attendance (subject to certain limitations) can be provided to a client who: | Attendance (subject to certain limitations) can be provided to a client who: | ||
+ | |||
a) is arrested and held in custody at a police station (under arrest by police or Revenue and | a) is arrested and held in custody at a police station (under arrest by police or Revenue and | ||
Customs). If a constable (as defined in 1.1, of the SCC Standard Terms) is not present | Customs). If a constable (as defined in 1.1, of the SCC Standard Terms) is not present | ||
Line 1080: | Line 1391: | ||
under these provisions; Free-Standing Advice and Assistance may be available but is | under these provisions; Free-Standing Advice and Assistance may be available but is | ||
subject to financial eligibility; or | subject to financial eligibility; or | ||
+ | |||
b) is a volunteer (defined in regulation 12 of the Criminal Legal Aid (General) Regulations | b) is a volunteer (defined in regulation 12 of the Criminal Legal Aid (General) Regulations | ||
2013. See also Point of Principle DS6; or | 2013. See also Point of Principle DS6; or | ||
+ | |||
c) is a member of the armed forces being interviewed in connection with a Serious Service | c) is a member of the armed forces being interviewed in connection with a Serious Service | ||
Offence (as defined in 1.2, of the SCC Specification).; or | Offence (as defined in 1.2, of the SCC Specification).; or | ||
+ | |||
d) is detained under Schedule 7 of the Terrorism Act 2000; or | d) is detained under Schedule 7 of the Terrorism Act 2000; or | ||
+ | |||
e) is the subject of an identification procedure carried out by means of video recordings who | e) is the subject of an identification procedure carried out by means of video recordings who | ||
is not present at a police station at the time the procedure is carried out, i.e. the witness is | is not present at a police station at the time the procedure is carried out, i.e. the witness is | ||
Line 1091: | Line 1406: | ||
work will be assessed on the basis of reasonableness and whether the solicitor’s | work will be assessed on the basis of reasonableness and whether the solicitor’s | ||
attendance in the absence of the client materially progressed the case. | attendance in the absence of the client materially progressed the case. | ||
+ | |||
3. An interview with a client who is arrested and held in custody or a volunteer can take place at any | 3. An interview with a client who is arrested and held in custody or a volunteer can take place at any | ||
premises. It does not have to be a police station and could be elsewhere. The crucial element of the | premises. It does not have to be a police station and could be elsewhere. The crucial element of the | ||
definition is that a constable must be present. | definition is that a constable must be present. | ||
+ | |||
5.3 Unique File Numbers | 5.3 Unique File Numbers | ||
+ | |||
1. Providers must assign a Unique File Number for each Matter. A separate UFN must be assigned | 1. Providers must assign a Unique File Number for each Matter. A separate UFN must be assigned | ||
to each individual client advised at the police station even if they are co-suspects. This is because a | to each individual client advised at the police station even if they are co-suspects. This is because a | ||
Line 1101: | Line 1419: | ||
of the SCC Specification). Separate UFN’s should be allocated if separate matters are being | of the SCC Specification). Separate UFN’s should be allocated if separate matters are being | ||
investigated. | investigated. | ||
+ | |||
2. The UFN will be the same throughout the life of the case. Please see Appendix 1 for relevant | 2. The UFN will be the same throughout the life of the case. Please see Appendix 1 for relevant | ||
examples in relation to when the same UFN should be used. | examples in relation to when the same UFN should be used. | ||
+ | |||
3. If only Police Station Telephone Advice is given then the telephone note should be held on a | 3. If only Police Station Telephone Advice is given then the telephone note should be held on a | ||
central file by the Provider and each note will require a UFN to be assigned to it. | central file by the Provider and each note will require a UFN to be assigned to it. | ||
+ | |||
4. A DSCC reference number must be provided on the file. | 4. A DSCC reference number must be provided on the file. | ||
+ | |||
5.4 Duty and Own Solicitors and Representatives | 5.4 Duty and Own Solicitors and Representatives | ||
+ | |||
Introduction | Introduction | ||
+ | |||
1. Duty Solicitors and Representatives are defined in 1.1 of the SCC Standard Terms and 1.2 of the | 1. Duty Solicitors and Representatives are defined in 1.1 of the SCC Standard Terms and 1.2 of the | ||
Specification respectively. | Specification respectively. | ||
+ | |||
2. The Defence Solicitor Call Centre (DSCC) is an independent contractor which on behalf of the | 2. The Defence Solicitor Call Centre (DSCC) is an independent contractor which on behalf of the | ||
LAA deals with requests for Advice and Assistance at the Police Station. | LAA deals with requests for Advice and Assistance at the Police Station. | ||
Duty Solicitor Service Obligations | Duty Solicitor Service Obligations | ||
+ | |||
3. The service obligations of duty solicitors are at the police station are outlined in 9.41 to 9.50, of | 3. The service obligations of duty solicitors are at the police station are outlined in 9.41 to 9.50, of | ||
the SCC Specification. | the SCC Specification. | ||
+ | |||
Rota and Panel | Rota and Panel | ||
+ | |||
4. The reference to Rota means a list of Duty Solicitors to provide Advice and Assistance or | 4. The reference to Rota means a list of Duty Solicitors to provide Advice and Assistance or | ||
Advocacy Assistance at Magistrates’ Courts and Police Station Advice and Assistance over a given | Advocacy Assistance at Magistrates’ Courts and Police Station Advice and Assistance over a given | ||
period. | period. | ||
+ | |||
5. The reference to Panel or Panel List means an arrangement by which the DSCC telephones Duty | 5. The reference to Panel or Panel List means an arrangement by which the DSCC telephones Duty | ||
Solicitors on a Duty Solicitor Scheme in sequence to identify a Duty Solicitor available to provide Advice | Solicitors on a Duty Solicitor Scheme in sequence to identify a Duty Solicitor available to provide Advice | ||
and Assistance at a Police Station when the rota duty solicitor is not available. | and Assistance at a Police Station when the rota duty solicitor is not available. | ||
+ | |||
6. A duty solicitor is usually on rota duty for all or part of the day. Rota duty solicitors are required to | 6. A duty solicitor is usually on rota duty for all or part of the day. Rota duty solicitors are required to | ||
accept duty cases unless they are already dealing with a previous duty case or there is a conflict of | accept duty cases unless they are already dealing with a previous duty case or there is a conflict of | ||
interest (9.47, of the SCC Specification). | interest (9.47, of the SCC Specification). | ||
+ | |||
7. Where there is a panel arrangement the Call Centre telephones the solicitors on the panel until | 7. Where there is a panel arrangement the Call Centre telephones the solicitors on the panel until | ||
finding one willing to take the case. Panel duty solicitors are not obliged to take a duty case offered to | finding one willing to take the case. Panel duty solicitors are not obliged to take a duty case offered to | ||
them but must use all reasonable endeavours to accept the Matters referred by the DSCC (9.49, of the | them but must use all reasonable endeavours to accept the Matters referred by the DSCC (9.49, of the | ||
SCC Specification). | SCC Specification). | ||
+ | |||
Duty Solicitor Cases | Duty Solicitor Cases | ||
+ | |||
8. Duty Solicitor work differs from own solicitor work, as it attracts higher hourly rates for calculating | 8. Duty Solicitor work differs from own solicitor work, as it attracts higher hourly rates for calculating | ||
whether a case exceeds the Escape Fee Threshold, and for payment once the Threshold has been | whether a case exceeds the Escape Fee Threshold, and for payment once the Threshold has been | ||
Line 1136: | Line 1469: | ||
and compliance should be ensured with the relevant service obligations. | and compliance should be ensured with the relevant service obligations. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 32 | Criminal Bills Assessment Manual – Version 4– July 2017 32 | ||
+ | |||
9. Work is always deemed to be Duty Solicitor work if both of the following apply: - | 9. Work is always deemed to be Duty Solicitor work if both of the following apply: - | ||
+ | |||
a) The case is accepted from the Defence Solicitor Call Centre, or accepted at the police | a) The case is accepted from the Defence Solicitor Call Centre, or accepted at the police | ||
station as duty solicitor and notified to the Call Centre and | station as duty solicitor and notified to the Call Centre and | ||
+ | |||
b) The work takes place before the end of the duty period (for rota cases) or is initial advice | b) The work takes place before the end of the duty period (for rota cases) or is initial advice | ||
(for panel and backup cases). | (for panel and backup cases). | ||
+ | |||
10. All other attendances shall be treated as own solicitor. | 10. All other attendances shall be treated as own solicitor. | ||
+ | |||
Duty Solicitor Serious Offence Rates | Duty Solicitor Serious Offence Rates | ||
+ | |||
11. The duty solicitor serious offence rates only apply to claims relating to: | 11. The duty solicitor serious offence rates only apply to claims relating to: | ||
+ | |||
a) Attendances undertaken by a Duty Solicitor engaged by the Provider throughout a Duty | a) Attendances undertaken by a Duty Solicitor engaged by the Provider throughout a Duty | ||
Period; and | Period; and | ||
+ | |||
b) Attendances that take place after acceptance of a Matter up until the point when the Client | b) Attendances that take place after acceptance of a Matter up until the point when the Client | ||
is released from the initial continuous period of custody. | is released from the initial continuous period of custody. | ||
+ | |||
12. These rates can be used to determine whether a case meets the Escape Fee Threshold. | 12. These rates can be used to determine whether a case meets the Escape Fee Threshold. | ||
+ | |||
13. The list of offences to which this rate relates is exhaustive and is found in 9.99 (a), of the SCC | 13. The list of offences to which this rate relates is exhaustive and is found in 9.99 (a), of the SCC | ||
Specification. | Specification. | ||
+ | |||
Duty Solicitor Unsocial Hours | Duty Solicitor Unsocial Hours | ||
+ | |||
14. Enhanced rates for unsocial hours can be used to determine whether a case meets the Escape | 14. Enhanced rates for unsocial hours can be used to determine whether a case meets the Escape | ||
Fee Threshold. “Unsocial Hours” means between the hours of 5.30pm and 9.30 am on any Business | Fee Threshold. “Unsocial Hours” means between the hours of 5.30pm and 9.30 am on any Business | ||
Day and any time on a day which is not a Business Day. The relevant rates are outlined in the Criminal | Day and any time on a day which is not a Business Day. The relevant rates are outlined in the Criminal | ||
Legal Aid (Remuneration) Regulations applicable. | Legal Aid (Remuneration) Regulations applicable. | ||
+ | |||
Own Solicitors | Own Solicitors | ||
+ | |||
15. Own solicitor police station attendances and police station telephone advice may be undertaken | 15. Own solicitor police station attendances and police station telephone advice may be undertaken | ||
by a Representative (including a Solicitor who is also a Representative), or where the Contractor is a | by a Representative (including a Solicitor who is also a Representative), or where the Contractor is a | ||
member of the VHCC Panel, a solicitor. | member of the VHCC Panel, a solicitor. | ||
+ | |||
Probationary Representatives | Probationary Representatives | ||
+ | |||
17. Probationary Representatives cannot advise on indictable only cases save where the police start | 17. Probationary Representatives cannot advise on indictable only cases save where the police start | ||
to investigate on the basis of an either way or summary-only case and they subsequently decide to | to investigate on the basis of an either way or summary-only case and they subsequently decide to | ||
investigate an indictable only offence and there is no suitable break in the interview for a solicitor or | investigate an indictable only offence and there is no suitable break in the interview for a solicitor or | ||
accredited representative to take over. | accredited representative to take over. | ||
+ | |||
18. If a probationary representative advises the client on an indictable only matter, the claim will be | 18. If a probationary representative advises the client on an indictable only matter, the claim will be | ||
nil assessed unless it was not clear at the point of initial attendance that the matter was indictable only, | nil assessed unless it was not clear at the point of initial attendance that the matter was indictable only, | ||
Line 1171: | Line 1521: | ||
to advise the client in such circumstances. Payment will not usually be allowed for any work in relation to | to advise the client in such circumstances. Payment will not usually be allowed for any work in relation to | ||
an indictable only matter. | an indictable only matter. | ||
+ | |||
19. A Probationary Representative must only provide Police Station Advice and Assistance for the | 19. A Probationary Representative must only provide Police Station Advice and Assistance for the | ||
Provider at which his or her supervising Solicitor is based (9.35, of the SCC Specification). Such staff are | Provider at which his or her supervising Solicitor is based (9.35, of the SCC Specification). Such staff are | ||
still in a training role and are therefore likely to require closer supervision. | still in a training role and are therefore likely to require closer supervision. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 33 | Criminal Bills Assessment Manual – Version 4– July 2017 33 | ||
+ | |||
Solicitor Agents | Solicitor Agents | ||
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20. A solicitor agent may be used to undertake police station work (9.52 (a), of the SCC | 20. A solicitor agent may be used to undertake police station work (9.52 (a), of the SCC | ||
Specification) subject to the rules about designation of fee-earners (2.36, of the SCC Specification). Cost | Specification) subject to the rules about designation of fee-earners (2.36, of the SCC Specification). Cost | ||
Line 1181: | Line 1534: | ||
should be made to the PoP CRIMLA 31 see: | should be made to the PoP CRIMLA 31 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
5.5 Criminal Defence Direct | 5.5 Criminal Defence Direct | ||
+ | |||
1. Matters which fall within the scope of Criminal Defence Direct are excluded from the scope of this | 1. Matters which fall within the scope of Criminal Defence Direct are excluded from the scope of this | ||
Contract. 9.9, of the SCC Specification details the exclusions which apply. | Contract. 9.9, of the SCC Specification details the exclusions which apply. | ||
+ | |||
2. A claim may be made for Police Station attendance on any Matter that is initially excluded if one | 2. A claim may be made for Police Station attendance on any Matter that is initially excluded if one | ||
of the conditions contained within 9.10, of the SCC Specification applies and the Sufficient Benefit Test | of the conditions contained within 9.10, of the SCC Specification applies and the Sufficient Benefit Test | ||
is met. | is met. | ||
+ | |||
3. In accordance with 9.92 (b), of the SCC Specification, the Criminal Defence Direct acceptance | 3. In accordance with 9.92 (b), of the SCC Specification, the Criminal Defence Direct acceptance | ||
fee cannot be claimed separately. This forms part of the Police Station Fixed Fee claim but can be | fee cannot be claimed separately. This forms part of the Police Station Fixed Fee claim but can be | ||
factored in to the calculation when determining the Escape Fee Threshold. | factored in to the calculation when determining the Escape Fee Threshold. | ||
+ | |||
5.6 Immigration | 5.6 Immigration | ||
+ | |||
1. Details as to how to proceed where it is apparent, or becomes apparent, that an immigration | 1. Details as to how to proceed where it is apparent, or becomes apparent, that an immigration | ||
issue arises can be found in 9.61 to 9.66, of the SCC Specification. | issue arises can be found in 9.61 to 9.66, of the SCC Specification. | ||
Immigration Offence Cases | Immigration Offence Cases | ||
+ | |||
2. Duty solicitors must accept such cases when they are referred to them by the Call Centre and | 2. Duty solicitors must accept such cases when they are referred to them by the Call Centre and | ||
failure to do so could result in suspension or removal of the duty solicitor. | failure to do so could result in suspension or removal of the duty solicitor. | ||
+ | |||
3. Where Advice and Assistance is provided and it is apparent, or becomes apparent, that an | 3. Where Advice and Assistance is provided and it is apparent, or becomes apparent, that an | ||
immigration issue arises, the Provider must give Advice and Assistance up until the point where the | immigration issue arises, the Provider must give Advice and Assistance up until the point where the | ||
Line 1201: | Line 1562: | ||
or charge is being pursued. 9.65, of the SCC Specification outlines how this point should be determined | or charge is being pursued. 9.65, of the SCC Specification outlines how this point should be determined | ||
and verified by the Provider. | and verified by the Provider. | ||
+ | |||
Immigration Authorities Cases | Immigration Authorities Cases | ||
+ | |||
4. If the immigration authorities are involved with a case and no criminal offence is being | 4. If the immigration authorities are involved with a case and no criminal offence is being | ||
investigated then there is no requirement under the SCC to provide Advice and Assistance. The Provider | investigated then there is no requirement under the SCC to provide Advice and Assistance. The Provider | ||
should then refer the case back to the DSCC or otherwise consider whether it is practicable to refer the | should then refer the case back to the DSCC or otherwise consider whether it is practicable to refer the | ||
case to a local Provider with a contract in the Immigration and Asylum Category of Work. | case to a local Provider with a contract in the Immigration and Asylum Category of Work. | ||
+ | |||
5. Pursuant to 9.64, of the SCC Specification, Police Station Advice and Assistance must not be | 5. Pursuant to 9.64, of the SCC Specification, Police Station Advice and Assistance must not be | ||
given where: | given where: | ||
+ | |||
a) an individual is detained after entry and is served with illegal entry papers or a notice of intention | a) an individual is detained after entry and is served with illegal entry papers or a notice of intention | ||
to deport; or | to deport; or | ||
+ | |||
b) an individual is detained by the immigration authorities on entry; or | b) an individual is detained by the immigration authorities on entry; or | ||
Criminal Bills Assessment Manual – Version 4– July 2017 34 | Criminal Bills Assessment Manual – Version 4– July 2017 34 | ||
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c) an individual is arrested by police on behalf of the immigration authorities where no criminal | c) an individual is arrested by police on behalf of the immigration authorities where no criminal | ||
allegations are made and is detained under the immigration authorities’ administrative powers. | allegations are made and is detained under the immigration authorities’ administrative powers. | ||
5.7 Advice Abroad | 5.7 Advice Abroad | ||
+ | |||
English Law | English Law | ||
+ | |||
1. A solicitor may claim for Advice and Assistance given only in a matter of English law (Section 152 | 1. A solicitor may claim for Advice and Assistance given only in a matter of English law (Section 152 | ||
of the Legal Aid, Sentencing and Punishment of Offenders Act). If a suspect is being investigated or | of the Legal Aid, Sentencing and Punishment of Offenders Act). If a suspect is being investigated or | ||
prosecuted by authorities outside of England and Wales, no payment can be made. | prosecuted by authorities outside of England and Wales, no payment can be made. | ||
Investigations Abroad | Investigations Abroad | ||
+ | |||
2. If a police force in England or Wales or Revenue and Customs are investigating a case and | 2. If a police force in England or Wales or Revenue and Customs are investigating a case and | ||
require investigations to be conducted abroad (e.g. to interview a witnesses who is abroad or to conduct | require investigations to be conducted abroad (e.g. to interview a witnesses who is abroad or to conduct | ||
Line 1225: | Line 1595: | ||
expense is reasonable. An exception to this is for investigations by services police, which are not | expense is reasonable. An exception to this is for investigations by services police, which are not | ||
covered if an attendance takes place outside the UK (9.57 to 9.60, of the SCC Specification). | covered if an attendance takes place outside the UK (9.57 to 9.60, of the SCC Specification). | ||
+ | |||
3. It should also be noted that it is possible to appoint a solicitor agent in connection with Police | 3. It should also be noted that it is possible to appoint a solicitor agent in connection with Police | ||
Station Advice and Assistance (9.52 (a), of the SCC Specification). These rules also apply to | Station Advice and Assistance (9.52 (a), of the SCC Specification). These rules also apply to | ||
investigations in Scotland. | investigations in Scotland. | ||
Providing Advice and Assistance to witnesses | Providing Advice and Assistance to witnesses | ||
+ | |||
4. In the case of a witness who does not meet the definition of a volunteer, it must be demonstrated | 4. In the case of a witness who does not meet the definition of a volunteer, it must be demonstrated | ||
that they require advice regarding the risk of self-incrimination (Regulation 12(2) (i) of the Criminal Legal | that they require advice regarding the risk of self-incrimination (Regulation 12(2) (i) of the Criminal Legal | ||
Aid (General) Regulations 2013). | Aid (General) Regulations 2013). | ||
+ | |||
5.8 Payment for Police Station Work | 5.8 Payment for Police Station Work | ||
+ | |||
General | General | ||
+ | |||
1. The costs of all Police Station Attendance work in a Matter should be submitted as a single claim | 1. The costs of all Police Station Attendance work in a Matter should be submitted as a single claim | ||
and the relevant Police Station Advice and Assistance Fixed Fee will be paid. | and the relevant Police Station Advice and Assistance Fixed Fee will be paid. | ||
+ | |||
2. The Police Station Advice and Assistance Fixed Fee covers all Police Station Attendance (precharge) | 2. The Police Station Advice and Assistance Fixed Fee covers all Police Station Attendance (precharge) | ||
work provided to one Client in a single Matter. | work provided to one Client in a single Matter. | ||
- | 3. Where the same Matter also includes Freestanding Advice and Assistance and/or Police Station | + | |
+ | 3. Where the same Matter also includes Free standing Advice and Assistance and/or Police Station | ||
Telephone Advice one Police Station Advice and Assistance Fixed Fee will be paid. | Telephone Advice one Police Station Advice and Assistance Fixed Fee will be paid. | ||
+ | |||
4. The Police Station Advice and Assistance Fixed Fees are set out in the Criminal Legal Aid | 4. The Police Station Advice and Assistance Fixed Fees are set out in the Criminal Legal Aid | ||
(Remuneration) Regulations. The Fixed Fees vary by Duty Solicitor Scheme. | (Remuneration) Regulations. The Fixed Fees vary by Duty Solicitor Scheme. | ||
+ | |||
5. The relevant Fixed Fee is the fee for the Duty Solicitor Scheme in which the first attendance | 5. The relevant Fixed Fee is the fee for the Duty Solicitor Scheme in which the first attendance | ||
takes place irrespective of whether the Matter originated or is subsequently continued at a Police Station | takes place irrespective of whether the Matter originated or is subsequently continued at a Police Station | ||
Line 1247: | Line 1626: | ||
Monthly Crime Lower Submission Guidance and Police Station/Duty Solicitor Scheme Codes | Monthly Crime Lower Submission Guidance and Police Station/Duty Solicitor Scheme Codes | ||
Criminal Bills Assessment Manual – Version 4– July 2017 35 | Criminal Bills Assessment Manual – Version 4– July 2017 35 | ||
+ | |||
6. Work must be reported electronically through CWA, guidance for CWA can be found on the | 6. Work must be reported electronically through CWA, guidance for CWA can be found on the | ||
gov.uk website here: | gov.uk website here: | ||
https://www.gov.uk/government/publications/cwa-quick-guides | https://www.gov.uk/government/publications/cwa-quick-guides | ||
+ | |||
7. A consolidated list of Crime Lower billing codes and reporting crime lower guidance can also be | 7. A consolidated list of Crime Lower billing codes and reporting crime lower guidance can also be | ||
found on the gov.uk website at: | found on the gov.uk website at: | ||
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415165/reporting-crimelower-work-guidance.pdf | https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415165/reporting-crimelower-work-guidance.pdf | ||
+ | |||
8. The Police Station codes are required to pay the correct Police Station Advice and Assistance | 8. The Police Station codes are required to pay the correct Police Station Advice and Assistance | ||
Fixed Fee. | Fixed Fee. | ||
+ | |||
9. The LAA are aware that new codes may be required for work carried out at locations that are not | 9. The LAA are aware that new codes may be required for work carried out at locations that are not | ||
police stations and which do not have a separate code. In such circumstances, the Provider should | police stations and which do not have a separate code. In such circumstances, the Provider should | ||
contact their Contract Manager to notify them. | contact their Contract Manager to notify them. | ||
+ | |||
10. Scheme-specific “non-police station site” codes have been produced these codes should be used | 10. Scheme-specific “non-police station site” codes have been produced these codes should be used | ||
where the attendance takes place at a location for which there is not a designated code, either because | where the attendance takes place at a location for which there is not a designated code, either because | ||
Line 1263: | Line 1647: | ||
is a new police station and a specific code is yet to be allocated. | is a new police station and a specific code is yet to be allocated. | ||
Standby payments | Standby payments | ||
+ | |||
11. Duty Solicitor Standby payments cannot be claimed. | 11. Duty Solicitor Standby payments cannot be claimed. | ||
+ | |||
5.9 Separate Matters | 5.9 Separate Matters | ||
+ | |||
1. Work carried out for separate Clients should be treated as separate Matters. Work undertaken for | 1. Work carried out for separate Clients should be treated as separate Matters. Work undertaken for | ||
the same Client may be treated as a separate Matter if it involves the provision of Advice and Assistance | the same Client may be treated as a separate Matter if it involves the provision of Advice and Assistance | ||
on a legal issue which can be deemed as genuinely separate legal problem. | on a legal issue which can be deemed as genuinely separate legal problem. | ||
+ | |||
2. Whether a genuinely separate problem has arisen will depend on the facts of each investigation. | 2. Whether a genuinely separate problem has arisen will depend on the facts of each investigation. | ||
The fact that a Provider may be giving initial advice to the Client about potentially different remedies | The fact that a Provider may be giving initial advice to the Client about potentially different remedies | ||
arising from the same set of originating circumstances does not in itself mean they are separate Matters. | arising from the same set of originating circumstances does not in itself mean they are separate Matters. | ||
+ | |||
3. The fact that circumstances have changed or developments have occurred as the case | 3. The fact that circumstances have changed or developments have occurred as the case | ||
progressed will not mean that a separate Matter arises if the advice continues to be provided on the | progressed will not mean that a separate Matter arises if the advice continues to be provided on the | ||
same overall legal issue. | same overall legal issue. | ||
+ | |||
4. Where separate Matters are claimed the Provider must record the reasons on file and be able to | 4. Where separate Matters are claimed the Provider must record the reasons on file and be able to | ||
justify their decision on Assessment or audit. | justify their decision on Assessment or audit. | ||
+ | |||
5. Circumstances that are likely to be treated as a single Matter: | 5. Circumstances that are likely to be treated as a single Matter: | ||
+ | |||
a) Where the two Matters are genuinely different problems requiring separate advice at the | a) Where the two Matters are genuinely different problems requiring separate advice at the | ||
same time on one occasion only, then they should be treated as the same Matter, | same time on one occasion only, then they should be treated as the same Matter, | ||
despite the fact that they would normally be treated as separate Matters. | despite the fact that they would normally be treated as separate Matters. | ||
+ | |||
b) Where two or more Matters arise from the same set of circumstances, the chances of | b) Where two or more Matters arise from the same set of circumstances, the chances of | ||
them being separate Matters diminish. | them being separate Matters diminish. | ||
+ | |||
c) Charges laid at the same time which are likely to be dealt with under one | c) Charges laid at the same time which are likely to be dealt with under one | ||
Representation Order, or are likely to be heard together, or are likely to form part of | Representation Order, or are likely to be heard together, or are likely to form part of | ||
the same Case, should be dealt with as one Matter. | the same Case, should be dealt with as one Matter. | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 36 | + | |
d) Advice given on related issues which could be considered to be a “series of offences” | d) Advice given on related issues which could be considered to be a “series of offences” | ||
should be dealt with as a single Matter, rather than separate Matters. | should be dealt with as a single Matter, rather than separate Matters. | ||
+ | |||
6. For further guidance, please refer to the following table: | 6. For further guidance, please refer to the following table: | ||
+ | |||
Scenario Fees payable Notes | Scenario Fees payable Notes | ||
+ | |||
One client arrested on one Matter One fee One fee will be paid per client per Matter. | One client arrested on one Matter One fee One fee will be paid per client per Matter. | ||
- | Two clients arrested at the same | + | |
- | time and advised by Provider. | + | Two clients arrested at the same time and advised by Provider. |
Two fees One fee will be paid per client per Matter. | Two fees One fee will be paid per client per Matter. | ||
+ | |||
Note that both must be advised at the police | Note that both must be advised at the police | ||
station to trigger the Fixed Fee. If one is | station to trigger the Fixed Fee. If one is | ||
advised by telephone only the telephone | advised by telephone only the telephone | ||
advice Fixed Fee will be paid for that client. | advice Fixed Fee will be paid for that client. | ||
+ | |||
Conflicts of Interest: | Conflicts of Interest: | ||
+ | |||
e.g. Two clients arrested at the | e.g. Two clients arrested at the | ||
same time, but there is a conflict so | same time, but there is a conflict so | ||
Line 1305: | Line 1706: | ||
represented where the Provider becomes | represented where the Provider becomes | ||
aware of a conflict of interest. | aware of a conflict of interest. | ||
+ | |||
Client arrested for multiple offences | Client arrested for multiple offences | ||
- irrespective of whether they are | - irrespective of whether they are | ||
linked or not. | linked or not. | ||
+ | |||
e.g. arrested for burglary | e.g. arrested for burglary | ||
committed on 20 January 2008 and | committed on 20 January 2008 and | ||
Line 1324: | Line 1727: | ||
genuinely separate legal problems | genuinely separate legal problems | ||
requiring separate advice. | requiring separate advice. | ||
+ | |||
Note: | Note: | ||
Where two or more Matters require advice | Where two or more Matters require advice | ||
Line 1333: | Line 1737: | ||
(or attendance if in relation to a voluntary | (or attendance if in relation to a voluntary | ||
attendance). | attendance). | ||
+ | |||
Where two or more Matters arise from the | Where two or more Matters arise from the | ||
same set of circumstances, the chances | same set of circumstances, the chances | ||
Line 1342: | Line 1747: | ||
of the same Case, should dealt with as one | of the same Case, should dealt with as one | ||
Matter. | Matter. | ||
+ | |||
Advice given on related issues which could | Advice given on related issues which could | ||
be considered a “series of offences” | be considered a “series of offences” | ||
Line 1348: | Line 1754: | ||
Action on one Matter, the other | Action on one Matter, the other | ||
Matter charged. | Matter charged. | ||
+ | |||
One fee Advice provided on separate Matters on one | One fee Advice provided on separate Matters on one | ||
occasion only should be treated as a single | occasion only should be treated as a single | ||
Matter. | Matter. | ||
+ | |||
Two matters in total. One of those | Two matters in total. One of those | ||
Matters charged the other bailed to | Matters charged the other bailed to | ||
return | return | ||
+ | |||
Two fees Two Matters advised on and advice | Two fees Two Matters advised on and advice | ||
continued on one of the Matters after first | continued on one of the Matters after first | ||
occasion. Two fees will be paid. | occasion. Two fees will be paid. | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 37 | + | |
Three matters in total. One of those | Three matters in total. One of those | ||
matters charged and Two bailed to | matters charged and Two bailed to | ||
Line 1366: | Line 1775: | ||
three fees might | three fees might | ||
be appropriate. | be appropriate. | ||
+ | |||
As above. Three fees could be justified if | As above. Three fees could be justified if | ||
the two bailed offences are charged at | the two bailed offences are charged at | ||
Line 1378: | Line 1788: | ||
proceedings matter, should dealt with as | proceedings matter, should dealt with as | ||
one Matter | one Matter | ||
+ | |||
Arrested on one offence; at police | Arrested on one offence; at police | ||
station arrested on further | station arrested on further | ||
Line 1384: | Line 1795: | ||
they become | they become | ||
separate Matters | separate Matters | ||
+ | |||
See above for guidance on separate | See above for guidance on separate | ||
Matters. | Matters. | ||
+ | |||
Post-charge ID procedure Paid at hourly | Post-charge ID procedure Paid at hourly | ||
rates | rates | ||
+ | |||
Post-charge work and Advocacy Assistance | Post-charge work and Advocacy Assistance | ||
on Warrants for Further Detention are paid | on Warrants for Further Detention are paid | ||
at hourly rates. | at hourly rates. | ||
+ | |||
5.10 Police Station Telephone Advice | 5.10 Police Station Telephone Advice | ||
+ | |||
1. A claim for Police Station Telephone Advice may not be made if Criminal Defence Direct has | 1. A claim for Police Station Telephone Advice may not be made if Criminal Defence Direct has | ||
given telephone advice (9.110, of the SCC Specification) | given telephone advice (9.110, of the SCC Specification) | ||
+ | |||
2. If the client does not meet one of the criteria e.g. the client is not at the police station and | 2. If the client does not meet one of the criteria e.g. the client is not at the police station and | ||
telephone calls are made prior to the client being at the police station, no claim can be made under the | telephone calls are made prior to the client being at the police station, no claim can be made under the | ||
Line 1403: | Line 1820: | ||
more efficient and cost effective particularly where telephone contact with the police can be very difficult | more efficient and cost effective particularly where telephone contact with the police can be very difficult | ||
or impossible to effect. | or impossible to effect. | ||
+ | |||
5.11 Attendance at the Police Station | 5.11 Attendance at the Police Station | ||
+ | |||
1. The Provider can only attend the Police Station and make a claim for Police Station Advice and | 1. The Provider can only attend the Police Station and make a claim for Police Station Advice and | ||
Assistance Fixed Fee when the sufficient benefit test is satisfied. | Assistance Fixed Fee when the sufficient benefit test is satisfied. | ||
+ | |||
2. The circumstances in which the test will be satisfied include: | 2. The circumstances in which the test will be satisfied include: | ||
+ | |||
a) to provide advice prior to and during interview | a) to provide advice prior to and during interview | ||
+ | |||
b) to advise at an identification procedure (including a video identification procedure when | b) to advise at an identification procedure (including a video identification procedure when | ||
the client is not present) | the client is not present) | ||
+ | |||
c) when appropriate, to advise on the implications of the caution when the Client is charged | c) when appropriate, to advise on the implications of the caution when the Client is charged | ||
with an offence | with an offence | ||
+ | |||
d) to advise when the advice may materially affect the outcome of the investigation and goes | d) to advise when the advice may materially affect the outcome of the investigation and goes | ||
significantly beyond initial advice | significantly beyond initial advice | ||
+ | |||
e) to advise a client who complains of serious maltreatment by the police | e) to advise a client who complains of serious maltreatment by the police | ||
+ | |||
f) to advise a vulnerable client where it is not possible to provide advice by telephone alone; | f) to advise a vulnerable client where it is not possible to provide advice by telephone alone; | ||
or | or | ||
+ | |||
g) to make representations when the police have or intend to refuse bail. | g) to make representations when the police have or intend to refuse bail. | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 38 | + | |
If none of the above is satisfied further justification for attending should be provided on the file. | If none of the above is satisfied further justification for attending should be provided on the file. | ||
+ | |||
3. A claim should not be made for an attendance where the advice could have been provided | 3. A claim should not be made for an attendance where the advice could have been provided | ||
reasonably by way of telephone advice. If it is considered that the advice should have been provided by | reasonably by way of telephone advice. If it is considered that the advice should have been provided by | ||
telephone then the claim will be limited to the police station telephone advice Fixed Fee. | telephone then the claim will be limited to the police station telephone advice Fixed Fee. | ||
+ | |||
4. If the solicitor was already at the same police station the claim should be for Police Station | 4. If the solicitor was already at the same police station the claim should be for Police Station | ||
Telephone Advice rather than Police Station Attendance. | Telephone Advice rather than Police Station Attendance. | ||
+ | |||
5. An attendance at the police station for an ineffective bail to return may be disallowed unless there | 5. An attendance at the police station for an ineffective bail to return may be disallowed unless there | ||
is evidence of at least one check being made prior to attendance to establish whether or not it would be | is evidence of at least one check being made prior to attendance to establish whether or not it would be | ||
effective. | effective. | ||
+ | |||
6. If the police indicate that an interview or identification procedure will take place at a specified time | 6. If the police indicate that an interview or identification procedure will take place at a specified time | ||
the solicitor or representative should only attend the police station in sufficient time prior to the allotted | the solicitor or representative should only attend the police station in sufficient time prior to the allotted | ||
time to undertake reasonable steps that directly relate to the interview or identification procedure, e.g. | time to undertake reasonable steps that directly relate to the interview or identification procedure, e.g. | ||
taking instructions from the client, obtaining disclosure of evidence, attending the officer in the case. | taking instructions from the client, obtaining disclosure of evidence, attending the officer in the case. | ||
+ | |||
7. When a client is bailed to return to a Police Station, which is also continuation of the same Matter | 7. When a client is bailed to return to a Police Station, which is also continuation of the same Matter | ||
(9.81 of the SCC Specification). | (9.81 of the SCC Specification). | ||
+ | |||
8. Should a client be released without bail then the Provider may bill the Matter at this point (4.57(a) | 8. Should a client be released without bail then the Provider may bill the Matter at this point (4.57(a) | ||
of the SCC Specification). | of the SCC Specification). | ||
+ | |||
9. If a client is rearrested/attends voluntarily on the same offence, then this is a continuation of the | 9. If a client is rearrested/attends voluntarily on the same offence, then this is a continuation of the | ||
same Matter (9.75 of the SCC Specification) and is unaffected by the passage of time. | same Matter (9.75 of the SCC Specification) and is unaffected by the passage of time. | ||
+ | |||
10. In both instances, above, a Provider must not claim a second Fixed Fee, but the costs incurred in | 10. In both instances, above, a Provider must not claim a second Fixed Fee, but the costs incurred in | ||
relation to the re-arrest or the bailed return to the Police Station will be relevant in determining whether | relation to the re-arrest or the bailed return to the Police Station will be relevant in determining whether | ||
the Matter qualifies as an Escape Fee case. | the Matter qualifies as an Escape Fee case. | ||
+ | |||
11. Where the client is re-arrested and the Provider has already claimed the Fixed Fee, if the costs of | 11. Where the client is re-arrested and the Provider has already claimed the Fixed Fee, if the costs of | ||
the re-arrest work means the Matter qualifies as an Escape Fee case or increases the Escape Fee case | the re-arrest work means the Matter qualifies as an Escape Fee case or increases the Escape Fee case | ||
costs already paid, the Provider can claim these additional costs. | costs already paid, the Provider can claim these additional costs. | ||
+ | |||
12. Where a client has an outstanding bail, the Provider should not claim the Fixed Fee (or the | 12. Where a client has an outstanding bail, the Provider should not claim the Fixed Fee (or the | ||
Escape Fee if the case qualifies) until it is known no further work will be undertaken on the Matter (9.104 | Escape Fee if the case qualifies) until it is known no further work will be undertaken on the Matter (9.104 | ||
of the SCC Specification). | of the SCC Specification). | ||
+ | |||
13. If the Provider is instructed by a client for the re-arrest and the Fixed Fee has already been | 13. If the Provider is instructed by a client for the re-arrest and the Fixed Fee has already been | ||
claimed by another Provider for the initial Police Station attendance in the same Matter, the Provider | claimed by another Provider for the initial Police Station attendance in the same Matter, the Provider | ||
Line 1453: | Line 1891: | ||
for the re-arrest if a Fixed Fee has already been claimed by another Provider for the initial Police Station | for the re-arrest if a Fixed Fee has already been claimed by another Provider for the initial Police Station | ||
attendance. | attendance. | ||
+ | |||
14. The issuing of a new DSCC reference number does not automatically mean there must be a new | 14. The issuing of a new DSCC reference number does not automatically mean there must be a new | ||
fee. The DSCC have been instructed to ask the Police at the point of re-arrest if there was a previous | fee. The DSCC have been instructed to ask the Police at the point of re-arrest if there was a previous | ||
Line 1459: | Line 1898: | ||
new Provider will be given a new DSCC ref number and may attend provided they are content that the | new Provider will be given a new DSCC ref number and may attend provided they are content that the | ||
exceptions listed in paragraph 9.67 are met. | exceptions listed in paragraph 9.67 are met. | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 39 | + | |
15. A Provider will, however, not be in breach of contract if they in good faith claim a Fixed Fee for | 15. A Provider will, however, not be in breach of contract if they in good faith claim a Fixed Fee for | ||
the re-arrest where unknown to them a Fixed Fee has already been claimed in the Matter, provided they | the re-arrest where unknown to them a Fixed Fee has already been claimed in the Matter, provided they | ||
Line 1467: | Line 1906: | ||
Assistance has been given and ensure that any work they carry out reflects the fact that some work may | Assistance has been given and ensure that any work they carry out reflects the fact that some work may | ||
already have been done on the Matter to ensure that there is no element of repetition. | already have been done on the Matter to ensure that there is no element of repetition. | ||
+ | |||
16. When attending the police station solicitors and representatives should ensure that travel, waiting | 16. When attending the police station solicitors and representatives should ensure that travel, waiting | ||
and attendance times are minimised. | and attendance times are minimised. | ||
+ | |||
17. The LAA accepts that, in some circumstances, the solicitor will attend the Police Station in good | 17. The LAA accepts that, in some circumstances, the solicitor will attend the Police Station in good | ||
faith having been contacted by the DSCC. Where a solicitor responds to a call from the DSCC but, for | faith having been contacted by the DSCC. Where a solicitor responds to a call from the DSCC but, for | ||
Line 1475: | Line 1916: | ||
PoP DS 4 see: | PoP DS 4 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
18. There will be instances where the client has not requested Advice and Assistance pre-charge but | 18. There will be instances where the client has not requested Advice and Assistance pre-charge but | ||
subsequently indicates that they wish for representation once they have been charged with an offence. | subsequently indicates that they wish for representation once they have been charged with an offence. | ||
Line 1481: | Line 1923: | ||
legal advice for this particular offence. | legal advice for this particular offence. | ||
Travel and Waiting | Travel and Waiting | ||
+ | |||
19. The Provider must continue to record all profit costs, and travel and waiting time. The Provider | 19. The Provider must continue to record all profit costs, and travel and waiting time. The Provider | ||
must report all profit costs to the LAA when submitting a claim for Police Station attendance and any | must report all profit costs to the LAA when submitting a claim for Police Station attendance and any | ||
travel and waiting time when claiming a Police Station Escape Fee Case. | travel and waiting time when claiming a Police Station Escape Fee Case. | ||
Disbursements | Disbursements | ||
+ | |||
20. Disbursements, including mileage, will be payable in addition to the Police Station Advice and | 20. Disbursements, including mileage, will be payable in addition to the Police Station Advice and | ||
Assistance Fixed Fee where they have been actually and reasonably incurred. | Assistance Fixed Fee where they have been actually and reasonably incurred. | ||
+ | |||
21. The point at which the disbursement is incurred should depend upon the both the location of the | 21. The point at which the disbursement is incurred should depend upon the both the location of the | ||
client and the point at which the expert is instructed. Where a client is at the Police Station, the | client and the point at which the expert is instructed. Where a client is at the Police Station, the | ||
Line 1495: | Line 1940: | ||
Free Standing Advice and Assistance as the Pathologist is unlikely to be instructed whilst the fee earner | Free Standing Advice and Assistance as the Pathologist is unlikely to be instructed whilst the fee earner | ||
is at the police station for the initial attendance. | is at the police station for the initial attendance. | ||
+ | |||
22. Disbursements should form part of the same claim but will be paid separately and will not be | 22. Disbursements should form part of the same claim but will be paid separately and will not be | ||
taken into account when assessing whether the claim exceeds the Escape Fee Threshold. | taken into account when assessing whether the claim exceeds the Escape Fee Threshold. | ||
+ | |||
23. Hotel expenses incurred by a Duty Solicitor whilst on a Police Station Duty Solicitor Rota are not | 23. Hotel expenses incurred by a Duty Solicitor whilst on a Police Station Duty Solicitor Rota are not | ||
recoverable. | recoverable. | ||
+ | |||
Police Station Attendance (post-charge) | Police Station Attendance (post-charge) | ||
+ | |||
24. Whilst attendances at the police station may vary enormously they will generally conclude either | 24. Whilst attendances at the police station may vary enormously they will generally conclude either | ||
by charges being made, the client being bailed pending further enquiries or released without charge. | by charges being made, the client being bailed pending further enquiries or released without charge. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 40 | Criminal Bills Assessment Manual – Version 4– July 2017 40 | ||
+ | |||
25. Post charge Police Station Attendance is where a client is: | 25. Post charge Police Station Attendance is where a client is: | ||
+ | |||
a) being represented in respect of a Matter or case; and | a) being represented in respect of a Matter or case; and | ||
+ | |||
b) the Matter or case is in the proceedings class of work; and | b) the Matter or case is in the proceedings class of work; and | ||
+ | |||
c) a post-charge interview or identification procedure is arranged; or | c) a post-charge interview or identification procedure is arranged; or | ||
+ | |||
d) the client is recharged following discontinuance or dismissal of the case; or | d) the client is recharged following discontinuance or dismissal of the case; or | ||
+ | |||
e) The same UFN as the substantive Matter or case should be used. | e) The same UFN as the substantive Matter or case should be used. | ||
+ | |||
f) to make bail representations when the police have or intend to refuse bail | f) to make bail representations when the police have or intend to refuse bail | ||
+ | |||
26. Only actual travelling, waiting and attendance at the police station may be claimed. Any officebased | 26. Only actual travelling, waiting and attendance at the police station may be claimed. Any officebased | ||
work associated with the identification procedure or recharge must be claimed as part of the | work associated with the identification procedure or recharge must be claimed as part of the | ||
substantive claim that will be made in the Proceedings Class of Work. | substantive claim that will be made in the Proceedings Class of Work. | ||
+ | |||
27. If post-charge work is claimed where the Client is already represented on the same Matter or | 27. If post-charge work is claimed where the Client is already represented on the same Matter or | ||
Case in the Criminal Proceedings Class of Work then the same UFN shall be assigned as the | Case in the Criminal Proceedings Class of Work then the same UFN shall be assigned as the | ||
substantive proceedings. | substantive proceedings. | ||
+ | |||
28. Where the Client is arrested for breach of bail conditions or on a warrant following failure to | 28. Where the Client is arrested for breach of bail conditions or on a warrant following failure to | ||
appear at the Magistrates’ Court or Crown Court the claim should be limited to Police Station Telephone | appear at the Magistrates’ Court or Crown Court the claim should be limited to Police Station Telephone | ||
Advice unless the Sufficient Benefit Test is satisfied i.e. attendance is required: | Advice unless the Sufficient Benefit Test is satisfied i.e. attendance is required: | ||
+ | |||
a) to provide advice prior to and during interview | a) to provide advice prior to and during interview | ||
+ | |||
b) to advise at an identification procedure (including a video identification procedure when | b) to advise at an identification procedure (including a video identification procedure when | ||
the client is not present) | the client is not present) | ||
+ | |||
c) when appropriate, to advise on the implications of the caution when the Client is charged | c) when appropriate, to advise on the implications of the caution when the Client is charged | ||
with an offence | with an offence | ||
+ | |||
d) to advise when the advice may materially affect the outcome of the investigation and goes | d) to advise when the advice may materially affect the outcome of the investigation and goes | ||
significantly beyond initial advice | significantly beyond initial advice | ||
+ | |||
e) to advise a client who complains of serious maltreatment by the police | e) to advise a client who complains of serious maltreatment by the police | ||
+ | |||
f) to advise a vulnerable client where it is not possible to provide advice by telephone alone; | f) to advise a vulnerable client where it is not possible to provide advice by telephone alone; | ||
or | or | ||
+ | |||
g) to make bail representations when the information the police have is incorrect. | g) to make bail representations when the information the police have is incorrect. | ||
Bail to Return | Bail to Return | ||
+ | |||
29. Whether an attendance fee is claimable for the effective bail to return will depend on the sufficient | 29. Whether an attendance fee is claimable for the effective bail to return will depend on the sufficient | ||
benefit test being satisfied. The circumstances in which the test will be satisfied include: | benefit test being satisfied. The circumstances in which the test will be satisfied include: | ||
+ | |||
a) to provide advice prior to and during interview | a) to provide advice prior to and during interview | ||
+ | |||
b) to advise at an ID procedure | b) to advise at an ID procedure | ||
+ | |||
c) when appropriate, to advise on the implications of the caution when the Client is charged | c) when appropriate, to advise on the implications of the caution when the Client is charged | ||
with an offence | with an offence | ||
+ | |||
d) to advise when the advice may materially affect the outcome of the investigation and goes | d) to advise when the advice may materially affect the outcome of the investigation and goes | ||
significantly beyond initial advice | significantly beyond initial advice | ||
+ | |||
e) to advise a client who complains of serious maltreatment by the police | e) to advise a client who complains of serious maltreatment by the police | ||
+ | |||
f) to advise a vulnerable client where it is not possible to provide advice by telephone alone; | f) to advise a vulnerable client where it is not possible to provide advice by telephone alone; | ||
or | or | ||
+ | |||
g) to make bail representations when the police have or intend to refuse bail. | g) to make bail representations when the police have or intend to refuse bail. | ||
+ | |||
If none of the above is satisfied further justification for attending should be provided on the file. | If none of the above is satisfied further justification for attending should be provided on the file. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 41 | Criminal Bills Assessment Manual – Version 4– July 2017 41 | ||
+ | |||
30. When a client is arrested for more than one offence, and is bailed to return on some, but not all, | 30. When a client is arrested for more than one offence, and is bailed to return on some, but not all, | ||
the solicitor may claim separate fees for those matters bailed to return only if the return dates are | the solicitor may claim separate fees for those matters bailed to return only if the return dates are | ||
effective, the Sufficient Benefits Test is met and the solicitor attends the Police Station, | effective, the Sufficient Benefits Test is met and the solicitor attends the Police Station, | ||
+ | |||
31. Pursuant to 9.2, of the SCC Specification, a Provider should not claim for an ineffective bail to | 31. Pursuant to 9.2, of the SCC Specification, a Provider should not claim for an ineffective bail to | ||
return unless the solicitor has made reasonable efforts to establish whether they will be effective, but has | return unless the solicitor has made reasonable efforts to establish whether they will be effective, but has | ||
been unable to do so. | been unable to do so. | ||
+ | |||
5.12 Pre Charge Advocacy Assistance | 5.12 Pre Charge Advocacy Assistance | ||
Warrants of Further Detention | Warrants of Further Detention | ||
+ | |||
1. Advocacy Assistance is available for the following work: | 1. Advocacy Assistance is available for the following work: | ||
+ | |||
a) Advocacy Assistance in a Magistrates’ Court, High Court, before a judicial authority or a | a) Advocacy Assistance in a Magistrates’ Court, High Court, before a judicial authority or a | ||
senior judge in connection with an application for a warrant for further detention, or for an | senior judge in connection with an application for a warrant for further detention, or for an |