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17.58Advocacy in prison law cases may be provided under the advocacy assistance scheme. Representation may be provided in disciplinary cases and in parole board cases, but see chapter 12 for scope.
17.59You may only represent a client at hearings in these matters if the sufficient benefit test is satisfied, and the contract notes specifically that the LAA would not expect to fund a matter which did not raise a significant legal or human rights issue.
1Specification para 12.10; In addition advocacy assistance must 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.
2Specification para 12.84; In all cases you should record on the file how the merits test has been and continues to be met.
3Specification para 12.6.17.60In addition there is a financial eligibility test for both advice and assistance and advocacy assistance in prison law cases. The 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. The completed application forms must be retained on your file.
4Specification para 12.15.17.61Advocacy under this scheme is paid under a system of standard fees.
5Specification para 12.65. There are two standard fees for each type of case, and two corresponding standard fee limits. If your costs fall below either limit, you will be paid the respective standard fee. If your costs fall above the higher limit, you will be paid a non-standard fee for which your costs will be assessed by the LAA. See the Remuneration Regulations for details of the fees and limits.
17.62Under this form of advocacy assistance, advocacy may be provided by either a solicitor or counsel. However, counsel is effectively ‘unassigned’ in that they are not able to claim payment directly from the LAA. Counsel’s fees must be agreed and paid by the instructing solicitor from the standard fee.
6Specification paras 12.45 and 12.48.