Investigations conducted other than by a constable
1Eg Department for Work and Pensions; Department for Business, Innovation and Skills; local authorities (SCC B0.117–0.144). The definition of constable is at SCC A1.13 ‘Constable’ means a police officer, a British Transport Police officer, an officer of HM Revenue and Customs and any other official with a power of arrest by virtue of his or her office. and all attendances upon witnesses;
2SCC B9.3–9.4 states that you may only provide advice and assistance to a witness if there is a complicating factor (as specified in the Contract Guide) but this cannot override the statutory provision. The suggestion in contract guidance that the provision for witnesses is wider than the statutory provision does not appear to be correct. freestanding advice
Claims and claim codes
•2.5A means test applies. Care is needed to ensure that relevant evidence of means and necessary extensions on Form CRM5 are obtained. See appendix A. There must be an eligible client and valid Forms CRM1 and CRM2.
•Costs limitations apply to these claims as set out in appendix A and it is essential to plan ahead if long or further interviews may take place so that sufficient extensions are obtained on Form CRM5.
•Advice may be given to a witness in criminal proceedings requiring advice and assistance regarding self-incrimination (Criminal Legal Aid (General) Regulations 2013
3SI No 9. reg 12(2)(i)). Concern will arise for instance if there is a risk of a witness providing evidence that they have committed offences such as wasting police time or attempting to pervert the course of justice. Each could lead to criminal proceedings. Claim on Form CRM6 under code INVA. Guidance on completion of the form is at appendix C.
Outcome codes
2.6
Code | Description |
CNO1 | No further instructions |
CNO2 | Change of solicitor |
CNO3 | Client not a suspect |
CNO4 | No further action |
CNO5 | Simple caution, reprimand, warning |
CNO6 | Charge, summons or reported for summons |
CNO7 | Conditional caution |
CNO8 | Fixed penalty notice |
Explanations for these codes appear in appendix C.
Payment
2.7Payment is at hourly rates, including travel and waiting, for work actually and reasonably undertaken. These rates apply to matters commenced on or after 1 April 2016.
2.8These claims are also available in criminal related matters that do not involve interrogations, eg advice in connection with restraint proceedings, when criminal proceedings have not yet commenced.
Work | London rate | National rate |
Preparation | £45.35 | £42.80 |
Travel and waiting | £24.00 | £24.00 |
Routine letters written and routine telephone calls | £3.51 per item | £3.38 per item |
2.9These claims apply to enquiries by the Financial Conduct Authority (FCA) and the Serious Fraud Office (SFO) unless a constable is present.