Part 1: Prescribed proceedings
1Criminal Legal Aid (General) Regulations 2013 SI No 9 reg 9 (as amended).10.2These are civil proceedings but are conducted under criminal legal aid. This is authorised by section 14(h) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
10.3The civil proceedings involved are listed in regulation 9 of the Criminal Legal Aid (General) Regulations 2013. They include civil applications for domestic violence protection orders, closure orders if a criminal behaviour is involved, football banning orders, restraining orders on acquittal; and sexual risk orders, amongst many others.
10.4Variations of Crown Court orders of this type may be sought under these provisions. CCFG Appendix O lists a number of the rele-vant proceedings.
10.5These proceedings are subject to a costs limitation (which can be extended on form CRM5) of £1,368.75.
Magistrates’ court proceedings
10.6In the magistrates’ courts the remuneration arrangements are the same as those for criminal cases and reference should be made to chapter 3.
Crown Court proceedings
10.7Special provision is made for proceedings in the Crown Court. In relation to proceedings other than on appeal from the Magistrates’ court these rules apply if there is no other provision for payment in the Remuneration Regulations 2013.
2Criminal Legal Aid (Remuneration) Regulations (‘Remuneration Regulations’) 2013 SI No 435; Standard Crime Contract (SCC) B10.133–10.144. In these proceedings counsel is always treated as unassigned and cannot charge more then the relevant hourly rates.
3SCC B10.136.10.8Guidance is offered at Crown Court Fees Guidance (CCFG) Appendix O although the statutory references need in some cases to be updated.
10.9Where the case originates by way of appeal the following hourly rates apply.
4Remuneration Regulations 2013 Sch 4 para 10. The same hourly rates apply to proceedings originating in the Crown Court, otherwise than on appeal.
5Remuneration Regulations 2013 Sch 4 para 7. It should be noted that London rates are still available under these provisions. The figures are for cases beginning on or after 1 April 2016.
| London | National |
Routine letters written and telephone calls per item | £3.70 | £3.56 |
Preparation hourly rate | £47.95 | £45.35 |
Advocacy hourly rate | £56.89 | £56.89 |
Travelling and waiting hourly rate | £24.00 | £24.00 |
10.10Where prescribed proceedings take place in the High Court or a county court the rates are as follows, again subject to the extendable costs limitation of £1,368.75. The figures are for cases beginning on or after 1 April 2016.
Item | London | National |
Routine letters out per item | £6.84 | £6.02 |
Routine telephone calls per item | £3.79 | £3.33 |
All other preparation work hourly rate | £68.44 (£72.54 where the provider’s office is in London | £60.23 (£63.88 where the provider’s office is in London) |
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate | £33.76 | £29.66 |
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate | £68.44 | £60.23 |
Travelling and waiting hourly rate | £30.34 | £26.65 |