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12.171Work in the prison law class is divided into two funding types:
(i)advice and assistance and (ii) advocacy assistance.
12.172Assistance under these two categories may be provided to prisoners (including those on remand and those released on licence or parole where appropriate) in the following types of cases:
•sentence cases;
•disciplinary cases;
•Parole Board cases.
1Standard Crime Contract 2017 Specification paras 12.68–12.79, 12.80–12.90, 12.91–101. 12.173The general rules on advice and assistance apply (see above in the investigations class), including the means test
2Standard Crime Contract 2017 Specification paras 12.13–12.14. and the sufficient benefit test.
3Standard Crime Contract 2017 Specification paras 12.5–12.12. There are complex rules on the number of matters that may be opened.
4Standard Crime Contract 2017 Specification paras 12.23–12.31.12.174There are restrictive rules on when and how much travel and waiting time can be claimed
5Standard Crime Contract 2017 Specification paras 12.32–12.37. and a requirement to obtain prior authority to incur a disbursement in excess of £500.
6Standard Crime Contract 2017 Specification para 12.38. There is specific authority to use agents, subject to the rules set out in the Standard Crime Contract 2017,
7Standard Crime Contract 2017 Specification para 12.40. a practice followed by many firms. If counsel is used to give advice and assistance there are specific rules on how their fees are to be claimed.
8Standard Crime Contract 2017 Specification paras 12.41–12.44.12.175Advice and assistance is limited to a fixed fee of £200.75 unless effective and waiting time costs (calculated at specified hourly rates) exceed £602.25 in which case the costs will be assessed.
9Criminal Legal Aid (Remuneration) Regulations 2013 Sch 4.12.176Advocacy assistance for disciplinary cases and Parole Board cases is paid under a standard fee scheme. This is similar to the fee scheme for magistrates’ court cases, in that you may claim a lower standard fee, a higher standard fee or a non-standard fee depending on whether your profit and waiting time costs (but not travel) fall below, between or above two standard fee limits. Details of the limits are given in the amended Remuneration Regulations at Schedule 4.
12.177Both advice and assistance and advocacy assistance are granted by you, rather than by application to the LAA.
12.178The client must complete the relevant forms (CRM1 and CRM2 or CRM3), and must pass the means test. Means are limited by both capital and disposable income, and the eligibility levels can be found on the Legal Aid website at
www.gov.uk/criminal-legal-aid-means-testing in the latest keycard. ‘Disposable income’ means all income received by the client and his or her partner, less tax, National Insurance and the dependants allowances set out on the keycard.
12.179The sufficient benefit test must be satisfied in all cases, and in addition advocacy assistance may not be provided in Disciplinary cases where:
•it appears unreasonable to grant in the particular circumstances of the case; or
•(where required) permission to be legally represented has not been granted by a Governor or other prison authority where appropriate.
10Standard Crime Contract 2017 Specification para B12.84. 12.180In all cases you should record on the file how the merits test has been and continues to be met.
11Standard Crime Contract 2017 Specification para 12.7.12.181Counsel may be instructed under advocacy assistance, but you may not claim for accompanying them to a hearing.
12Standard Crime Contract 2017 Specification para 12.47. If you instruct counsel, you are responsible for agreeing a fee with them and paying them directly. There are restrictions on what can be recovered
13Standard Crime Contract 2017 Specification paras 12.43 and 12.46.Scope of prison law work
12.182Advice and representation may only be provided in sentence cases where the case is about the calculation of the total time to be served before a prison is eligible for automatic release or for consideration of release by the Parole Board.
14Criminal Legal Aid (General) Regulations 2013 reg 12 as amended by SI 2013 No 2790.12.183Advice and Representation is only available in Parole Board cases where the Parole Board has the power to direct the prisoner’s release.
12.184Advice and representation is only available in disciplinary cases that involve the determination of a criminal charge for the purposes of Article 6(1) ECHR, or where the Governor has exercised the discretion to allow advice and assistance.