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Statutory Instruments
1992 No. 592
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1992
Made
9th March 1992
Laid before Parliament
11th March 1992
Coming into force
1st April 1992
The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:
1. These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2. In these Regulations a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989(2).
3. In regulation 4(2)(b) after the word "work" there shall be inserted the words "actually and".
4. In regulation 6, in respect of work done on or after 14th October 1991-
(a)in paragraph (1) for the words "Subject to paragraph (5), the" there shall be substituted "The";
(b)in paragraph (3) for the words ",(4) and (5)" there shall be substituted "and (4)".
5. In regulations 6(3) and 9(5)(a) for the date "30th June 1992" there shall be substituted "30th June 1993".
6. For paragraph 1(1) of Part I of Schedule 1 there shall be substituted, in respect of work done on or after 1st April 1992, the following new sub-paragraph-
"1.-(1) Subject to paragraphs 2 and 3, the appropriate authority shall allow fees for work allowed by it under regulation 6 at the following basic rates-
(a)Magistrates' court proceedings
| Class of work | Rate | ||
|---|---|---|---|
| Preparation | £43.25 | per hour- | (£45.75 per hour for a fee-earner whose office is situated within legal aid area 1) |
| Advocacy | £54.50 | per hour | |
| Attendance at court where counsel assigned | £29.50 | per hour | |
| Travelling and waiting | £24.25 | per hour | |
| Routine letters written and routine telepnhone calls | £3.35 | per item- | (£3.50 per item for a fee-earner whose office is situated within legal aid area 1) |
(b)Crown Court and Court of Appeal
| Class of work | Grade for fee-earner | Rate | ||
|---|---|---|---|---|
| Preparation | Senior Solicitor | £51.50 | Per hour- | (£54 per hour for a fee-earner whose office is situated within legal aid area 1) |
| Solicitor, legal executive or fee-earner of equivalent experience | £43.50 | per hour | (£45.75 per hour for a fee-earner whose office is situated within legal aid area 1) | |
| Articled clerk or fee-earner of equivalent experience | £28.75 | per hour | (£33 per hour for a fee-earner whose office is situated within legal aid area 1) | |
| Advocacy | Senior solicitor | £62.50 | per hour | |
| Solicitor | £54.50 | per hour | ||
| Attendance at court where counsel assigned | Senior solicitor | £41.25 | per hour | |
| Solicitor, legal executive or fee-earner of equivalent experience | £33 | per hour | ||
| Articled clerk or fee-earner of equivalent experience | £20 | per hour | ||
| Travelling and waiting | Senior solicitor | £24.25 | per hour | |
| Solicitor, legal executive or fee-earner of equivalent experience | £24.25 | per hour | ||
| Articled clerk or fee-earner of equivalent experience | £12 | per hour | ||
| Routine letters written and routine telephone calls | £3.35 | per hour- | (£3.50 per item for a fee-earner whose office is situated within legal aid area 1)" |
7. In Part II of Schedule 1-
(a)for the table in paragraph 4(3) there shall be substituted, inrespect of work done on or after 1st April 1992, the followingtable-
"TABLE
PREPARATION
| Type of proceedings | Lower standard fee | Lower fee limit | Principal standard fee | Upper fee limit |
|---|---|---|---|---|
| Jury trials (including any case prepared for trial in which no jury was sworn) | £125.50 | £173 | £242 | £302 |
| £135 | £180 | £254 | £316 |
| Guildy pleas | £79 | £106 | £170 | £218 |
| £85 | £110 | £180 | £228 |
| Appeals against conviction | £49.50 | £66 | £148.50 | £225 |
| £53 | £68 | £154.50 | £236 |
| Appeals against sentence | £35.25 | £50.50 | £90.50 | £127 |
| £38 | £52.50 | £95 | £131 |
| Commitals for sentence | £41 | £49.50 | £94.75 | £137 |
| £43.50 | £51.50 | £100 | £141 |
| Advocacy in respect of bail applications | £25.25 | |||
| £27.75 | |||
| Attendance at court (including waiting) where counsel assigned | £20.75 | per hour | ||
| Travelling | £18 | per hour" |
(b)in paragraph 4(10) for the figures " £28.00" and " £30.00" there shall be substituted, in respect of work done on or after 1stApril 1992, the figures " £29.00" and " £31.00";
(c)in paragraph 4(11) for the figure " £10.15" there shall be substituted, in respect of work done on or after 1stApril 1992, the figure " £10.45".
8. In Part I of Schedule 2-
(a)in paragraph 9 for the figure " £18" there shall be substituted, in respect of work done on or after 1stApril 1992, the figure " £18.50";
(b)in paragraph 10 for the figure " £10.15" there shall be substituted, in respect of work done on or after 1stApril 1992, the figure " £10.45";
(c)for the Table there shall be substituted, in respect of work done onor after 1st April 1992, the following Table-
"TABLE
| Type of proceedings | Standard basic fee |
|---|---|
| Jury trials (including any case prepared for trial in which no juryis sworn) | £214 |
| Guilty pleas | £113 |
| Appeals against conviction | £113 |
| Appeals against sentence | £71 |
| Committals for sentence | £71 |
| Standard appearance fee | £44.75 |
| Standard refresher fee | |
| (1) Half day | £79 |
| (2) Full day | £153 |
| (3) More than a full day | £230 |
| Standard written work fee | £29" |
9. For the tables in Part II of Schedule 2 there shall be substituted,in respect of work done on or after 1st April 1992, the followingtables:-
"TABLE 1:
JUNIOR COUNSEL
| Court | Type of proceedings | Basic fee | Full day refresher fee | Subsidiary fees | ||
|---|---|---|---|---|---|---|
| Attendance at consultations, conferences & views | Written work | Attendance at pre-trial reviews, applications and other appearances | ||||
| Magistrates' Court | All cases | Maximum amount: £461 | Maximum amount: £159.50 | £28.75 per hour Minimum amount: £14.35 | Maximum amount £50.50 | Maximum amount £92.50 |
| Crown Court | Jury trials | Maximum amount: £537.50 | ||||
| Cases prepared for trial in which no jury is swonn | Maximum amount: £313 | |||||
| Guilty pleas | Maximum amount: £189.50 | £33 per hour Minimum amount: £16.50 | Maximum amount: £57.50 | Maximum amount: £98 | ||
| Appeals against conviction | Maximum amount: £207 | Maximum amount: £176 | ||||
| Appeals against sentence | Maximum amount: £106 | |||||
| Committal for sentence | Maximum amount: £106 | |||||
TABLE 2:
QUEEN'S COUNSEL
| Court | Type of proceedings | Basic fee | Full day refresher fee | Subsidiary fees | ||
|---|---|---|---|---|---|---|
| Attendance at consultations, conferences & views | Written work | Attendance at pre-trial reviews, applications and other appearances | ||||
| Magistrates' Count | All cases | Maximum amount: £4446 | Maximum amount; £297 | £54.50 per hour Minimum amount: £28 | Maximum amount: £105 | Maximum amount: £205 |
| Crown Court | All cases | Maximum amount: £5400 | Maximum amount: £330.50 | £62.50 per hour Minimum amount: £32 | Maximum amount: £257.50" | |
Mackay of Clashfern, C.
Dated 6th March 1992
We consent,
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty's Treasury
Dated 9th March 1992
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 by increasing the rates of remuneration for legal aid work in criminal proceedings done on or after 1st April 1992. There is an overall increase of 3 per cent.
Regulation 4 is also amended so that allowance is made only in respect of work which is actually as well as reasonably done. The amendments to regulation 6 to remove reference to a paragraph which was omitted by an earlier amending instrument (S.I. 1991/2037).
1988 c. 34; section 34 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word "regulations".