12. An advocate is not entitled to remuneration for the preparation, examination or signing of a claim for reimbursement of costs. (R-vSandhu – The Taxing Compendium): Criminal Invoice Assessment Manual – Version 4 – July 2017 10 “The preparation of a cost account, which by its nature takes place after the end of the proceedings, could not fall within this definition of legal aid. Such compensation is not permitted. The object was rightly rejected by the designated officer. If your client is charged, legal aid can cover some or all of the costs of legal representation in court. Specific instructions can be found here. 5. An assessor considers CAS 56 and may only deviate from a claimant`s use of delegated functions if the claimant`s decision was “patently unreasonable”, i.e.: If the use of delegated functions was manifestly inappropriate, such that no reasonably competent lawyer could have concluded, on the basis of his knowledge at the time, that the consideration of sufficient benefit had been met, See: www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop 6. An evaluator must also consider CAS 59 in relation to the provider`s use of delegated functions when assessing a client`s financial resources.
Note that this does not override any mandatory regulatory or contractual obligations with respect to the valuation of funds, any conclusion that a person is financially eligible for legal services must comply with all relevant regulatory and contractual provisions. www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop Criminal Invoice Assessment Manual – Version 4 – July 2017 12 31. The cost of overnight stays should only be allowed if the expert is satisfied that remote presence is justified and that the need for an overnight stay is justified. While it is reasonable for a lawyer to take instructions remotely, it may be appropriate to appoint a local representative at some point in the case. Reference should be made to the CRIMLA 31 PoP, see: www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop (a) Plea assistance before a court of first instance, High Court, judicial authority or superior judge in connection with an application for an arrest warrant or for the renewal of such an arrest warrant under sections 43 or 44 of the Police and Criminal Evidence Act 1984 or sections 29 or 36 of Schedule 8 to the Terrorism Act 2000; or (b) plea assistance before a bailiff in connection with an application for extension of detention in military detention under the Armed Forces Discipline Act 2000. 2. If advocacy support is provided and the client has already received advice and assistance from the police station for the same case or case, the same UFN will be assigned and work can be claimed at a reasonable hourly rate separately from the right to advice and assistance from the police station, Because advocacy support is not included in the right to advice and assistance from the police station. (9.107, SCC specification). Various police bails 3.
Advocacy assistance is available for applications to amend police bail conditions (including street bail conditions) imposed by police under section 30CB or 47(1E) of PACE, as amended by the Criminal Justice Act 2003 4. If advocacy support is provided and the client has already received advice and assistance from the police station in the same case or case, the same UFN will be assigned and the work may be used at a reasonable hourly rate separately from the right to advice and assistance from the police station, because support for advocacy is not included in the right to advice and assistance from the police station (9.175, CCN specification). Extension of bail by police 5. Advocacy assistance under this work unit is available as own counsel or, after representing the client as a police station, as duty counsel during the criminal investigation of a case. This unit of work concerns the representation of a client who is the subject of an application for extension of bail before a district court prior to the charge, either for written evidence or at a hearing pursuant to sections 47ZF or 47ZG of PACE 6. If advocacy support is provided and the client has already received advice and assistance from the police station for the same case or case, the same UFN will be assigned and the work may be used at a reasonable hourly rate separately from the right to advice and assistance from the police station, because support for advocacy is not included in the right to advice and assistance from the police station (9.185, CCN specification). Criminal Invoice Assessment Manual – Version 4 – July 2017 42 7. A separate request for advocacy assistance may be made for each request for an extension of the security deposit (9.184 of the SCC specification). 5.13 Cases of escape costs 1. Cases that would receive a fixed fee for advice and assistance at the police station may be considered escape costs cases when the actual cost of the case (excluding costs) is more than three times the lump sum (“the escape costs threshold”).
For more information, see sections 9.95 to 9.98 of SCC`s specification. 2. Cases of escape costs shall be offset by the lump sum plus payment at hourly rates for work performed above the threshold for escape costs. Example: Fixed fee = £200 Escape fee threshold = £600 cost of the case (at hourly rates) = £1,500 The request for escape fees is therefore £1,100 (£1,500 – £600 = £900, which is above the threshold for escape fees and paid at hourly rates, in addition to the flat fee of £200.) 3. To request payment of an escape fee case (i.e. the amount exceeding the escape fee threshold), the application must be submitted to the LAA`s Service Delivery Centre in Nottingham for assessment, accompanied by a completed CRM18 form. 4. The dossier and the CRM18 form may be submitted after the conclusion of the investigation. 5. Regardless of when the file and the CRM18 form are submitted, the fixed fee will be paid at the end of the application for lower monthly filing of crimes. 6.
Fees must be indicated in the monthly return for infringements excluding VAT (using the rates set out in the Regulation on Criminal Legal Aid (Remuneration)). 7. The amount of the fixed fee and the amount of the avoidance fee shall not include VAT. 8. In order to receive additional payment for escape costs, the supplier must submit the CSA application prior to submitting the file and Form CRM18 for assessment. The sooner the file and application form are submitted, the sooner payment can be made. 9. Regardless of when the escape costs case is filed, the provider will receive the fixed fee to advise and assist the police station if this has been reported via the lower monthly filing of the offense. Therefore, CRM-18 claims are also not affected by the late filing rules once the request for a fixed fee for the lower monthly filing of violations has been submitted. The fixed fee aspect of the file must be submitted within the contractual deadlines, but the CRM18 form can be submitted at any time thereafter. 5.14 Transfer of counsel 1. If the client is transferred to a considerable distance from the place of his initial presence, the contractual position is that, in most cases, it is in the best interests of the client that the lawyer initially engaged to keep the case for the duration of the investigation.
This ensures continuity of service to the customer and avoids unnecessary and costly duplication of work. 2. For these reasons, the contractual starting point for duty counsel accepted cases is that they must be retained after acceptance and duty counsel must continue to work for that client until the completion of the Criminal Invoice Assessment Manual – Version 4 – July 2017 43, either in person or through other appropriate representatives within the provider, or by appointing a representative. 3. However, there will be circumstances in which it will not be possible or in the best interests of the client for the lawyer initially appointed to continue to act in an advisory capacity during the investigation. 4. The SCC sets out a number of circumstances in which the original duty counsel may refer the matter to the DSCC for referral to another duty counsel (9.52 SCC Specification). 5. Unless such exceptions apply, the contract requires the lawyer to keep the matter personally or through an appropriate local representative. If the lawyer is unable to hire such an agent (or if any of the other circumstances mentioned above apply), a local duty counsel will be appointed to serve the client and both lawyers may be able to charge a flat fee for the work performed.
