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Clients detained in custody
17.13A client who is detained in police (or military) custody may require representation at court if there is an application to extend the custody time limit under Police and Criminal Evidence Act 1984 (PACE) s43 or s44, Terrorism Act 2000 Sch 8 para 29 or para 36, or the relevant military legislation.
1Standard Crime Contract 2017 Specification (hereafter ‘the Specification’), paras 9.141 – 9.153 and 9.154–9.166.17.14The funding for such hearings is subject to the ‘sufficient benefit’ test, however the test is automatically deemed satisfied by the circumstances.
2Specification paras 9.142 and 9.156.17.15There is no means test
3Specification paras 9.143 and 9.157. and the client is not required to sign any application form.
4Specification paras 9.144 and 9.158. However, you are required to record on the file:
•the client’s name and address;
•the unique file number (UFN);
•the date, time and venue of the court appearance; and
•details of the relevant unit of work (as defined by the contract) and how the work falls within the scope of that unit.
5Specification paras 9.146 and 9.159. These details should be recorded either before the advocacy assistance is provided or as soon as practicable after, if the advocacy is required at short notice.
6Specification paras 9.144 and 9.158.17.16Reasonable preparation and follow-up work will be included within the scope of advocacy assistance, as will travel and waiting costs. However there is an extendable costs limit of £1,368.75.
17.17There are no fixed fees for this type of work so, subject to the costs limit above, work will be claimed at the hourly rates set out in the Remuneration Regulations. These vary depending on whether the hearing is before a magistrates’ court or judicial authority, or before a High Court or senior judge. There are also different rates for own and duty solicitors, and for unsociable hours.
17.18Counsel may only be instructed where the application is before the High Court or a senior judge.
7Specification paras 9.148 and 9.161.Bail variations
17.19A client who is not detained in custody may also require representation at court if there is an application to vary police bail conditions (including ‘street bail’ conditions).
8Specification paras 9.167–9.177.17.20In this situation there are no qualifying criteria to be met and there is no means test.
9Specification para 9.168. As above, the client is not required to sign an application form but you must record the same required information on the file.
10Specification para 9.170.17.21Advocacy assistance in this situation includes reasonable preparation, travel, waiting and advocacy at the hearing, and the provision of advice on appeal
11Specification para 9.171..
17.22The same extendable costs limit applies, and the rules on claiming are the same. The applicable fees are set out in the Remuneration Regulations.
17.23You cannot instruct counsel in this case,
12Specification para 9.172. and you may not claim under this unit of work if you are acting as duty solicitor.
13Specification para 9.167. However, you can claim under advocacy assistance if you represented the client as duty solicitor at the police station and you are subsequently instructed in the bail variation.