IntroductionAdvocacy in criminal casesAdvocacy in criminal casesAdvocacy in criminal casesAdvocacy in criminal casesAdvocacy in criminal casesAdvocacy in criminal cases
17.1This chapter deals with the conduct of and payment for advocacy in criminal cases. See appendix I for a summary of the Legal Aid Agency’s (LAA’s) Costs Assessment Guidance, in respect of the most common queries raised by caseworkers.
17.2In criminal proceedings, advocacy can be conducted under:
•advocacy assistance;
•representation order.
Advocacy may arise at all stages of criminal proceedings, including the investigations stage, where advocacy may arise due to an application for a warrant of further detention or where a client wishes to apply to vary police bail conditions.
17.3In general, we use the term ‘advocate’ to refer to anyone who has a right of audience to appear in the relevant court or whom the court is willing to hear where the scheme makes no distinction between solicitor and counsel. Where there is a difference according to whether advocacy is conducted by solicitor or by counsel, we will use the terms ‘solicitor’ and ‘counsel’ as appropriate.
17.4Who is entitled to conduct advocacy, and the payment arrangements, will depend on the type of hearing and the stage of the case.
17.5All qualified solicitors may represent a client at a hearing in the magistrates’ court, as may counsel. However, whether or not counsel may be instructed will depend on the type of hearing and whether it is funded by advocacy assistance or a representation order.
17.6In general, advocacy at Crown Court hearings and above may only be provided by counsel or a solicitor who has higher rights of audience.