2.14A claim may be made for each matter. A matter includes all ancillary issues (SCC B9.93) and all bail to returns in that matter, however many attendances there may be (SCC B9.84 and 9.89).

2.22A claim may also be made for a volunteer who attends at any place where a constable is present.3Legal Aid, Sentencing and Punishment of Offenders Act 2012 s15; Criminal Legal Aid (General) Regulations 2013 reg 12(2)(j) and SCC B9.1 and 9.57. By definition, he or she is not arrested.

2.24CBAM 14 identifies that a claim under the police station scheme may be made when attending a client to advise on the basis and terms of an agreement reached under the Serious Organised Crime and Police Act 2005.

2.25Such detainees are entitled to police station advice under the Crim-inal Legal Aid (General) Regulations 2013 reg 12(2)(k)).

2.26This covers all telephone advice on a single matter dealt with only over the telephone (SCC B9.116). A single call with a person in custody is required in order to generate a claim (SCC B9.115). It is necessary to obtain a DSCC reference (SCC B9.18–19; 9.21).

2.28Fees for attendance at a place where a constable is present are pay-able if the attendance is reasonable and not excluded by the contract.

2.30The following fee, an acceptance fee for a case received though Crim-inal Defence Direct, is never paid as such but it may be used to -calculate whether the total claim reaches the figure to escape from fixed fees (SCC B9.95; 9.97): In Criminal Defence Direct cases that do not fall within the exceptions (SCC B9.10) no claim may be made (SCC B9.9). These figures relate to matters beginning on or after 1 April 2016.

Note 1: The DSCC and Criminal Defence Direct are separate organisations. Calls will normally come through the DSCC but only if Criminal Defence Direct is involved would this lower fee be credited.Note 2: The position on telephone claims is summarised at SCC B9.113–B9.116.

2.31Note that no claim may be made unless the case has been registered at the DSCC. You must report it if the police have not already done so (SCC B9.18). The report must be made before attending the -client if the solicitor is asked by a third party to attend a client already under arrest. If the client attends as a volunteer with the solicitor, or the client meets the solicitor who is at the police station, the case must be registered strictly within 48 hours (SCC B9.19–9.20). This is strictly interpreted so that, if necessary, claims must be lodged over weekends and public holidays.

2.32These fees cannot be claimed for witnesses; such fees are payable as free standing advice and assistance (SCC B9.4).

2.42The claim is for all time actually and reasonably spent on the matter.

2.46This is relevant to see if the claim reaches the escape figure. A case is a duty case when allocated as such, and the duty solicitor status lasts throughout the duty period and for the duration of the suspect’s first continuous period in custody beginning within that period (SCC B9.101).

2.48In normal circumstances only one fixed fee may be claimed for each matter. It is therefore essential to register the claim at DSCC as soon as instructed directly.

2.52These exceptions are significant. If a conflict is found to exist on attendance at the police station, only the new solicitor will be able to claim a fixed attendance fee for the conflicted suspect. If a client cannot identify the earlier solicitor (and the custody record does not assist), a reasonable attendance will generate a fixed fee. The same may apply when a client has entirely lost confidence, for good cause, in the original firm or wants a representative from a particular minority ethnic group, or the DSCC does not originally call the correct firm and the client will only work with the firm he actually named. Two solicitors instructed simultaneously may also claim if they attend.

2.56Because the fixed fee covers all attendances, solicitors will wish to examine carefully the need to return. It is unlikely that an attendance can be justified until it is known that the client is present and the police have confirmed that there is to be an interview or identification procedure or a need to make a prepared statement or to make representations at charge.

2.58If the value at prescribed rates of the work actually and reasonably done exceeds the relevant fee limit for the relevant scheme then you claim the fixed fee + the amount by which the value exceeds the fee limit.

2.60This removes any incentive to push towards the fee limit as in most cases it will lead to significant loss. This work will be subject to individual assessment by the LAA and should be claimed on Form CRM18. To ensure that CRM18 is processed without difficulty it should be accompanied by:

2.61The file should also contain:

2.62Add together the value at the appropriate rate (including duty and enhanced duty rates) of:

2.63These are claims made under the following codes:

2.65They are payable at the hourly rates specified above, including for travel and waiting. This appears to be necessary because the first claim is completed by charge; and yet there is no new allegation generating this additional post charge work.

2.67These claims, at hourly rates, are payable in addition to the fixed or exceptional fees (SCC B9.145–9.182). Time spent on these matters should be separately recorded. One claim should be made for all the work undertaken in relation to each type of advocacy assistance. Upper limits (subject to CRM5 extensions) apply to all these claims (see appendix A). The sufficient benefit test applies but there is no financial eligibility test. All reasonable preparatory and follow-up work may be claimed.

Note: The enhanced rate applies to advocacy assistance provided by duty solicitors in unsocial hours only. The standard rate applies to advocacy assistance provided by duty solicitors outside unsocial hours and by own solicitors at any time.

2.69This table applies to appropriate terrorist cases and to matters beginning on or after 1 April 2016.

Note: No enhanced rates are payable for this unit of work.

2.70Claims should include the time involved in giving any notice of appeal and any reasonable preparation and follow up work including reasonable preparation in the office, correspondence and telephone calls and advising the client of the consequences of the outcome. These rates apply to matters beginning on or after 1 April 2016.

2.71All disbursements actually and reasonably incurred continue to be payable. These may include items such as photographs, if required, but also hotel bills when the work cannot otherwise reasonably be done. If a duty solicitor wishes to use hotels on a regular basis, authority must be obtained (SCC B9.104).