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Payment rates and exceptionality
 
Payment rates and exceptionality1Specification paras 9.98–9.100.Getting paid for criminal workCriminal work, billing and payment for:investigations class:payment ratesCriminal work, billing and payment for:investigations class:exceptionalityCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:investigations class:payment ratesCriminal work, billing and payment for:investigations class:exceptionalityCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:investigations class:payment ratesCriminal work, billing and payment for:investigations class:exceptionalityCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:investigations class:payment ratesCriminal work, billing and payment for:investigations class:exceptionalityCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:investigations class:payment ratesCriminal work, billing and payment for:investigations class:exceptionalityCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:investigations class:payment ratesCriminal work, billing and payment for:investigations class:exceptionalityCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:investigations class:payment ratesCriminal work, billing and payment for:investigations class:exceptionalityCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:investigations class:payment ratesCriminal work, billing and payment for:investigations class:exceptionalityCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:investigations class:payment ratesCriminal work, billing and payment for:investigations class:exceptionalityCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:advocacy assistanceCriminal work, billing and payment for
14.20Although police station work is payable by fixed fee, you should record all the time spent on the case and report the value of that time at the appropriate hourly rates to the LAA. The applicable rates are set out in the Remuneration Regulations. Where the value of the case at hourly rates exceeds the Exceptional Threshold fee for the appropriate area, the case is deemed to be exceptional, and you can apply to the LAA for an additional payment.
14.21The categories of rates for attendance are:
•own or duty solicitor;
•duty solicitor unsocial hours;
•duty solicitor serious offence social hours;
•duty solicitor serious offence unsocial hours.
Similar categories (except those for serious offences) apply for travel and waiting time.
14.22For these purposes, social hours are between 9.30 am and 5.30 pm on a business day – that is, any day other than Saturday, Sunday, Christmas Day, Good Friday or any bank holiday.2Standard Crime Contract 2017 para 1.1.
14.23Serious offences are:3Specification para 9.99(a).
•treason;
•murder;
•manslaughter;
•causing death by dangerous driving;
•rape;
•assault by penetration;
•rape of a child under 13;
•assault of a child under 13 by penetration;
•robbery;
•assault with intent to rob;
•arson;
•perverting the course of justice;
•conspiracy to defraud;
•kidnapping;
•wounding/GBH – both sections 18 and 20 of the Offences Against the Persons Act 1861;
•conspiracy, solicitation, incitement or attempt of any of the above;
•any offence if the client is also accused of possession of a firearm, shotgun or imitation firearm;
•any offence if the client is detained under Terrorism Act 2000 s41.
14.24In order to claim duty rates, the case must be a duty case – that is, referred as a duty case by the call centre or done during a duty period, and the work done by an accredited fee earner.4Specification para 9.98. To claim serious offences rates, the work must be done by a duty solicitor,5Specification para 9.99. and you must not be a confirmed category 3 firm (costs audit) in relation to your crime contract.6Specification para 9.100.
14.25To calculate whether the case is exceptional, you calculate the value of all time spent at the appropriate hourly rate. This will include any advice and assistance outside the police station for an eligible client. You should also include any telephone advice fixed fee7Specification para 9.84. or a Criminal Defence Direct acceptance fee8Specification para 9.94. (where a former Criminal Defence Direct matter was referred to you for police station attendance). This will give you a total value for the case. If the total value is more than the relevant Exceptional Threshold set out in the Remuneration Regulations, then you can make an application to the LAA to treat it as an exceptional case.9Specification para 9.95.
14.26In order to do that, you should complete the form (form CRM18) and submit it as an e-form through LAA online: https://lsconlinesso.legaleservices.gov.uk/. The LAA will assess the claim, and if following assessment it is confirmed that the case is worth more than the Exceptional Threshold, the case will be treated as exceptional.
14.27However, you will still not be paid the full value of the case. Instead, you will only be paid the fixed fee, plus the amount by which the case exceeds the threshold.10Specification paras 9.96–9.97.
Case study
For the purposes of this example the rates for cases that commenced before 1 April 2016 have been used.
I represented a client at West End Central Police Station on a case of murder over a weekend. It was a duty case, and I spent in total 14 unsocial hours in attendance at the police station, plus six hours’ travel and waiting (all unsocial). I also incurred a telephone fee. What will I be paid?
West End Central is on the Central London scheme, so the fixed fee is £237.25 plus VAT. It was a duty case and a weekend so London duty unsocial serious case rates apply: £63.01 per hour for attendances, travel and waiting, and telephone attendance fee of £28.70.
Your time is worth £(63.01 × 20) = £1260.20, + £28.70 = £1,288.90. The fixed fee is £237.25, and the threshold is £803.78. Therefore you are over the threshold and the case is exceptional.
You will be paid (subject to assessment) the value of the fixed fee plus the amount by which the threshold is exceeded: £237.25 + (£1,288.90 – £803.78) = £722.37.
You should send your exceptional claim to the LAA who will assess the bill.
14.28Exceptional cases will not be paid direct. Instead, the value allowed on assessment will count towards your standard monthly payment.
Advocacy assistance
14.29Advocacy assistance – of whatever type – is the exception to the rule that all investigations work be billed together. Any claim for advocacy assistance should be submitted separately. This work is not subject to fixed fees, and the hourly rates set out in the contract will apply subject to a Costs Limit of £1,369.75. A single claim for all advocacy assistance on a case should be made11Specification paras 9.149, 9.162 and 9.173. at the end of the investigations stage.12Specification paras 9.150, 9.163 and 9.174. Where police station advice and assistance, or free-standing advice and assistance, has already been provided, the same unique file number (UFN) must be used, although the work must be claimed separately.13Specification paras 9.164 and 9.175.
 
1     Specification paras 9.98–9.100. »
2     Standard Crime Contract 2017 para 1.1. »
3     Specification para 9.99(a). »
4     Specification para 9.98. »
5     Specification para 9.99. »
6     Specification para 9.100. »
7     Specification para 9.84. »
8     Specification para 9.94. »
9     Specification para 9.95. »
10     Specification paras 9.96–9.97. »
11     Specification paras 9.149, 9.162 and 9.173. »
12     Specification paras 9.150, 9.163 and 9.174. »
13     Specification paras 9.164 and 9.175. »
Payment rates and exceptionality
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