Criminal defence – key documentationKey documentation:criminal defenceKey documentationCrime Contract 2017Key documentation:criminal defenceKey documentationCrime Contract 2017Key documentation:criminal defenceKey documentationCrime SpecificationKey documentation:criminal defenceKey documentationCrime SpecificationKey documentation:criminal defenceKey documentationCrime SpecificationKey documentation:criminal defence:eligibility guidanceKey documentation:criminal defenceKey documentationKey documentation:criminal defence:eligibility guidanceKey documentation:criminal defenceKey documentationKey documentation:criminal defence:eligibility guidanceKey documentation:criminal defenceKey documentationKey documentation:criminal defence:costs assessment guidanceKey documentation:criminal defenceKey documentationKey documentation:criminal defence:costs assessment guidanceKey documentation:criminal defenceKey documentation
The 2017 Crime Contract
1.57Part A of this book sets out where you can find the main provisions in relation to casework; see Part C: ‘Managing legal aid work’ for more information on the contractual relationship with the LAA.
The Crime Specification and regulations
1.59The Specification covers general rules, among other things: definitions, service standards, qualifying criteria, carrying out and claiming for work, as well as specific provisions for very high cost cases, prison law, appeals and associated civil work. It also provides information about claims assessment and review procedures (although this is not the main source document, see below).
1.60The crime fees are set out in the Criminal Legal Aid (Remuneration) Regulations 2013 and subsequent amendments – see chapter 14. Other rules are set out in the Criminal Legal Aid (General) Regulations 2013 as well as subsequent amendments and other regulations. You should always check the amendment regulations as well as the original ones, as the LAA does not issue updated regulations incorporating the amendments and nor does
www.legislation.gov.uk. This is in our view most unfortunate and makes understanding what is already a complex scheme unnecessarily difficult.
Eligibility guidance
1.61Advice in the police station is not means tested.
1.62Representation in the magistrates’ court is means tested. There is an eligibility calculator on the legal aid website:
www.gov.uk/criminal-legal-aid-means-testing. Clients who are not eligible for legal aid in the magistrates’ court and pay for their defence privately can apply to reclaim their costs from Central Funds if they are subsequently acquitted.
1.63Representation in the Crown Court is also means tested. If clients are found not guilty, their contributions will be repaid. Clients who are not eligible for legal aid in the Crown Court and pay for their defence privately can apply to reclaim their costs from Central Funds if they are subsequently acquitted. The rules and forms can be found at
www.gov.uk/claim-back-costs-from-cases-in-the-criminal-courts.
Costs assessment guidance
1.64Ensuring that you will be paid is as important in criminal defence work as in civil and family, mentioned above.