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AGFS - Interim payments
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AGFS - Interim payments

Posted on 13/03/2020 by Andrew Keogh


The Criminal Legal Aid (Remuneration) Regulations 2013

AGFS – Interim payments – CrimeLine

AGFS – Interim payments

The Criminal Legal Aid (Remuneration) Regulations 2013

Interim payments in cases awaiting determination of fees18

1

The appropriate officer must authorise an interim payment in respect of a claim for fees in proceedings in the Crown Court in accordance with this regulation.

2

Entitlement to a payment arises in respect of a claim for fees by F2a trial advocate, where—

a

the graduated fee claimed in accordance with Schedule 1 is £4,000 or more (exclusive of value added tax); and

b

the claim for fees is for less than the amount mentioned in sub-paragraph (a) but is related to any claim for fees falling under sub-paragraph (a).

3

For the purposes of this regulation, the following claims for fees are related to each other—

a

the claims of F4trial advocates acting in the same proceedings for a defendant; and

b

the claims of any F4trial advocate acting for any assisted person in related proceedings.

4

Entitlement to a payment under paragraph (1) does not arise until three months have elapsed from the earlier of—

a

the date on which the claim for fees is received by the appropriate officer for determination, except that where there are related claims for fees, the date on which the last claim is received by the appropriate officer; or

b

three months after the conclusion of the last of any related proceedings.

5

F3A trial advocate may submit a claim for an interim payment under this regulation where—

a

no payment has been made under paragraph (1); and

b

six months have elapsed from the conclusion of the proceedings against the assisted person.

6

Subject to regulation 31, payment must not be made under this regulation unless the F5trial advocate has submitted a claim for fees in accordance with regulation 4(3).

F17

In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

a

is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

b

attends the first day of the trial.

Amount of interim payments in cases awaiting determination of fees19

1

Where entitlement to an interim payment arises under regulation 18, the amount payable is 40% of the total claim for fees, less any sum already paid.

2

Regulations 28 to 30 do not apply to an interim payment under this regulation.

Staged payments in long Crown Court proceedings20

1

An instructed advocate may submit a claim to the appropriate officer for a staged payment of the instructed advocate's fees in relation to proceedings in the Crown Court.

2

Where a claim is submitted in accordance with this regulation, a staged payment must be allowed where the appropriate officer is satisfied—

a

that the claim relates to fees for a period of preparation of 100 hours or more, for which the instructed advocate will, subject to final determination of the fees payable, be entitled to be paid in accordance with Schedule 1; and

b

that the period from F1... sending for trial F1... (or from the date of the section 16 determination, if later) to the conclusion of the Crown Court proceedings is likely to exceed 12 months, having regard, amongst other matters, to the number of defendants, the anticipated pleas and the weight and complexity of the case.

3

In this regulation, “preparation” means—

a

reading the papers in the case;

b

contact with prosecutors;

c

written or oral advice on plea;

d

researching the law, preparation for examination of witnesses and preparation of oral submissions;

e

viewing exhibits or undisclosed material at police stations;

f

written advice on evidence;

g

preparation of written submissions, notices or other documents for use at the trial;

h

attendance at views at the scene of the alleged offence,

and is limited to preparation done before the trial, except in proceedings in which a preparatory hearing has been ordered under section 8 of the Criminal Justice Act 1987 (commencement of trial and arraignment), in which case it is limited to preparation done before the date on which the jury is sworn (or on which it became certain, by reason of pleas of guilty or otherwise, that the matter would not proceed to trial).

4

The amount allowed for preparation falling within paragraph (3) must be determined by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the fees payable, has been reasonably done, multiplied by the hourly rate for special preparation as set out in the table following paragraph 24 of Schedule 1, as appropriate to the category of advocate.

5

A claim for staged payment of fees under this regulation must be made to the appropriate officer in such form and manner as the appropriate officer may direct, including such case plan as the appropriate officer may require for the purposes of paragraph (2)(a).

6

An instructed advocate may claim further staged payments in accordance with this regulation in respect of further periods of preparation exceeding 100 hours which were not included in an earlier claim.

7

Regulations 28 to 30 do not apply to a payment under this regulation.

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Updated on 24/03/2020

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