Topping up criminal legal aid feesGetting paid for criminal workCriminal work, billing and payment for:topping up criminal legal aid feesCriminal work, billing and payment forGetting paid for criminal workCriminal work, billing and payment for:topping up criminal legal aid feesCriminal work, billing and payment for
14.87Once legal aid has been granted, LASPO s28 provides:
(2)A person who provides services under arrangements made for the purposes of this Part must not take any payment in respect of the services apart from–
(a)payment made in accordance with the arrangements, and
(b)payment authorised by the Lord Chancellor to be taken.
1Confirmed by Standard Crime Contract 2017 Standard Terms 7.18 and Specification para 8.41. 14.88The Standard Crime Contract 2017 allows
2Specification para 8.43. for payment by a client, provided that an application for prior authority to incur that expenditure has been refused and express authority has been obtained from the client, to:
a)prepare, obtain or consider any report, opinion or further evidence, whether provided by an expert witness or otherwise; or
b)obtain or prepare any transcripts or recordings of any criminal investigation or proceedings, including police questioning; or
c)instruct counsel other than where an individual is entitled to counsel (as may be determined by the court) in accordance with the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013 regs 16 and 17.
This paragraph is wider than the Criminal Legal Aid (Remuneration) Regulations 2013 reg 9, which restricts payments to (a) and (b), but appears to amount to an authority within the LASPO s28.