Citation, commencement and extent

1.—(1) These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 and come into force on 6th December 2024.

(2) These Regulations extend to England and Wales.

Amendments to the Criminal Legal Aid (Remuneration) Regulations 2013

2.—(1) Schedule 4 to the Criminal Legal Aid (Remuneration) Regulations 2013( 2) is amended as follows.

(2) For the table following paragraph 2(8) (work conducted at the Police station: Police Station advice and assistance), substitute—

(3) After paragraph 2, insert—

“Police station attendance: travel fee for the purposes of attendance at a Destination Police Station

2A.— (1)  The fees listed in the table following sub-paragraph (2) are payable in addition to any other fee which is payable under this Schedule.

(2)  The hourly rates for travel for the purposes of attendance to which sub-paragraph (3) applies are specified in the table following this sub-paragraph.

(3)  This sub-paragraph applies to attendance at a Destination Police Station by an Attending Duty Scheme Solicitor or an Attending Own Solicitor.

(4)  Destination Duty Schemes and Attending Duty Schemes for the purposes of this paragraph are specified in the table following this sub-paragraph.

(5)  In this paragraph—

“ Destination Police Station ” means a police station listed in the Police Station Table as being within a Duty Scheme listed in column 1 of the Travel Scheme Table.

In relation to a particular Destination Police Station—

“ the Police Station Table ” is the table set out in Annex A to version 16 (December 2023) of the 2022 Standard Crime Contract Guidance for reporting crime lower work( 4) ;

“ the Travel Scheme Table ” is the table following sub-paragraph (4). ”;

(4) In paragraph 5 (Representation in the Magistrates’ Court)—

(a) in sub-paragraph (A1), after “5A”, insert “or paragraph 5B”;

(b) in sub-paragraph (2), after “5A”, insert “or paragraph 5B”;

(c) in sub-paragraph (3)(a)—

(i) after “is a reference to the following proceedings”, insert “other than proceedings referred to in paragraph (c)”;

(ii) in sub-paragraph (i), after “guilty pleas”, insert “(other than in proceedings referred to in paragraph (b)(vii));

(iii) omit sub-paragraph (ii);

(iv) in sub-paragraph (iii)—

(aa) after “either way offences”, insert “(other than proceedings referred to in paragraph (b)(vii))”; and

(bb) at the end, omit “and”;

(v) in sub-paragraph (iv)—

(aa) after “either way offences”, insert “(other than proceedings referred to in paragraph (b)(vii))”; and

(bb) at the end, insert “and”; and

(vi) after sub-paragraph (iv), insert—

“(v)  proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code( 5) relating to—

(aa) either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(bb) low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence)( 6) ; ”;

(d) in sub-paragraph (3)(b)—

(i) after “(a)(ia)”, insert “or paragraph (c)”;

(ii) in sub-paragraph (v), for “Code;”, substitute “Code relating to summary offences (other than low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence)( 7))”;

(5) After paragraph 5A (Representation in proceedings relating to an injunction under Part 1 of the Antisocial Behaviour, Crime and Policing Act 2014( 8) or related parenting order in any court), insert—

“Representation in the youth court

5B.— (1)  Subject to sub-paragraph (2), this paragraph applies to—

(a) proceedings in the youth court;

(b) subject to sub-paragraph (3), proceedings in a magistrates’ court which is not a youth court—

(i) to which sections 46(1)(a), (b) or (c) of the 1933 Act (assignment of certain matters to youth courts) apply; or

(ii) to which section 18 of the Children and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons)( 9) applies; and

(c) proceedings relating to bail or remand—

(i) which fall within the jurisdiction conferred on the youth court; and

(ii) are heard in a magistrates’ court which is not a youth court.

(2)  This paragraph does not apply where paragraph 5A applies.

(3)  (a)  This paragraph does not apply to claims for fees by a litigator who is acting in proceedings referred to in sub-paragraph (1)(b), where the condition in paragraph (b) of this sub-paragraph is met.

(b) The condition is that if the charge were brought solely against the assisted person(s)—

(i) the proceedings would not fall within the jurisdiction conferred on the youth court;

(ii) section 46(1) of the 1933 Act (assignment of certain matters to youth courts) would not apply to the proceedings; and

(iii) section 18 of the Child and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons) would not apply to the proceedings.

(4)  The fixed amounts and hourly rates for representation in proceedings to which this paragraph applies for—

(a) recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and

(b) claiming costs in cases which fall outside the Standard Fee payment schemes,

are specified in the table following this sub-paragraph.

(5)  The fees and fee limits for the Standard Fee payment scheme for representation in proceedings to which this paragraph applies are specified in the table following this sub-paragraph.

(6)  In the table following sub-paragraph (5)—

(a) the reference to “ Category 1A” cases is a reference to the following proceedings (other than proceedings referred to in paragraph (c))—

(i) guilty pleas in proceedings relating to—

(aa) indictable only offences;

(bb) either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc) low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);

(ii) proceedings relating to—

(aa) indictable only offences;

(bb) either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc) low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which are discontinued or withdrawn or where the prosecution offers no evidence;

(iii) proceedings relating to—

(aa) indictable only offences;

(bb) either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc) low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which result in a bind over; and

(iv) proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to—

(aa) indictable only offences;

(bb) either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc) low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);

(b) the reference to “ Category 1B” cases is a reference to the following proceedings (other than proceedings referred to in paragraph (d))—

(i) summary only guilty pleas (other than proceedings referred to in paragraph (a)(i)(cc));

(ii) uncontested proceedings arising out of a breach of an order of a magistrates’ court;

(iii) proceedings relating to summary offences which are discontinued or withdrawn or where the prosecution offers no evidence (other than proceedings referred to in paragraph (a)(ii)(cc));

(iv) proceedings relating to summary offences which result in a bind over (other than proceedings referred to in paragraph (a)(iii)(cc));

(v) proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to summary offences (other than proceedings referred to in paragraph (a)(iv)(cc));

(vi) proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013( 10) , except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

(vii) proceedings relating to either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small);

(c) the reference to “Category 2A” cases is a reference to the following proceedings —

(i) contested trials relating to—

(aa) indictable only offences;

(bb) either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc) low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);

(ii) proceedings relating to—

(aa) indictable only offences;

(bb) either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc) low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which were listed and fully prepared for trial but disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii) proceedings relating to—

(aa) indictable only offences;

(bb) either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc) low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which were listed and fully prepared for trial in the magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case; and

(iv) proceedings relating to—

(aa) indictable only offences;

(bb) either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc) low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

where mixed pleas are entered;

(d) the reference to “ Category 2B” cases is a reference to—

(i) contested trials relating to—

(aa) summary offences (other than proceedings referred to in paragraph (c)(i)(cc)); or

(bb) either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small);

(ii) proceedings relating to—

(aa) summary offences (other than proceedings referred to in paragraph (c)(ii)(cc)); or

(bb) either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),

which were listed and fully prepared for trial in a magistrates’ court but are disposed of by a guilty plea on the day of the trial before the opening of the prosecution case;

(iii) proceedings relating to—

(aa) summary offences (other than proceedings referred to in paragraph (c)(iii)(cc)); or

(bb) either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),

which were listed and fully prepared for trial in the magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv) proceedings relating to—

(aa) summary offences (other than proceedings referred to in paragraph (c)(iv)(cc)); or

(bb) either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),

where mixed pleas are entered;

(v) contested proceedings relating to a breach of an order of a magistrates’ court; and

(vi) proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made.

(7)  The fees payable to Assigned Counsel for representation in the youth court are subject to the limits specified in the table following paragraph 12.

(8)  The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is £208.61.

(9)  In this paragraph—

“ the 1933 Act ” means the Children and Young Persons Act 1933( 11) ;

“ the 1980 Act ” means the Magistrates’ Courts Act 1980;

“ youth court ” has the same meaning as in section 45(1) (constitution of youth courts) of the 1933 Act. ”.

Application

3 .—(1) These Regulations apply to matters in which a relevant determination is made on or after 6th December 2024.

(2) In this regulation, a “ relevant determination” means a determination made under section 13 (advice and assistance for individuals in custody), section 15 (advice and assistance for criminal proceedings) or section 16 (representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend Schedule 4 to the Criminal Legal Aid (Remuneration) Regulations 2013 ( S.I. 2013/435) which make provision for the remuneration of advice, assistance and representation made available under sections 13, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)(“ the Act”).

Regulation 2(2) makes amendments to increase fees for advice and assistance at the police station.

Regulation 2(3) makes amendments to introduce fees for travel for the purposes of attendance by (i) duty solicitors who are members of certain specified schemes; or (ii) own solicitors whose office(s) are situated within certain specified areas, at certain specified police stations.

Regulation 2(5) makes (i) technical amendments to clarify the operation of the magistrates’ court fee scheme; and (ii) amendments to introduce a new fee scheme for proceedings in the youth court and certain proceedings in the magistrates’ court connected to youth justice.

These Regulations apply to matters in which a determination under section 13, 15 or 16 of the Act is made on or after 6th December 2024.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is produced with the Government’s response to the Crime Lower Consultation, published on 14th November 2024 and is available online athttps://www.gov.uk/government/consultations/crime-lower-consultation. A hard copy is available from the Legal Aid Policy Team, Access to Justice Directorate, Justice and Courts Policy Group, Ministry of Justice, 102 Petty France, London SW1H 9AJ.