APPENDIX A
Claims summary for Crime Lower
The availability of advice and assistance, advocacy assistance and representation is summarised in the following table.
See Contract Specifications for
•Criminal investigations SCC B9
•Criminal proceedings SCC B10
•Appeals and reviews SCC B11
•Prison law SCC B12
•Associated civil legal aid work SCC B 13
Guidance on applying for extensions to the limits on form CRM5e is at CBAM8. The figures below relate to matters or cases commencing on or after 1 April 2016.
Advice and assistance claims | Merits | Means | Authority | Limits |
Criminal law (excluding criminal proceedings) | Sufficient benefit test | Regs [2] | Devolved power [1] | £273.75 but 2 hours if no evidence of means Zero until seek such evidence |
Police station telephone advice* | Sufficient benefit test | None | Devolved power | Fixed fee |
Police station attendance* | Sufficient benefit test | None | Devolved power | None [6] |
Prison law | Sufficient benefit test | Regs [2] | Devolved power | None [6] |
Appeal: CCRC | Sufficient benefit test | Regs [2] | Devolved power | £456.25 |
Appeal: others | Sufficient benefit test | Regs [2] | Devolved power | £273.75 |
Associated civil legal aid | Funding Code | Regs [9] | Devolved power | Civil [7] |
Advocacy assistance claims | Merits | Means | Authority | Limits [8] |
Warrant for further detention/bail variation/armed forces custody hearing | None | None | Devolved power | £1,368.75 |
Duty solicitor session* [3] | None (unless non imp and not in custody | None | Devolved power | None |
Prison law | Sufficient benefit test | Regs [2] | Devolved power | None [6] |
Pre-order costs | Interests of justice, submission and refusal of Forms CRM14/15 SCC B10.117 | None | Devolved power | 1 hour + VAT (limit) |
Early cover | SCC B10.124 | None | Devolved power | £68.44 + VAT |
Initial advice | SCC B10.126 | None | Devolved power | £22,81 + VAT |
Advice and assistance claims | Merits | Means | Authority | Limits |
Magistrates’ court/Crown Court | Interests of justice [5] | Regs | LAA | None [6] |
Prescribed proceedings other than on appeal | Interests of justice | None | LAA | £1,368.75 |
High Court/county court proceedings | Interests of justice | None | High Court/LAA | None. Bill to High Court |
High Court representation on appeal by way of case stated | Interests of justice | Regs [2] | High Court | None: bill to High Court |
Associated civil legal aid investigative help and legal representation | Funding Code (proceeds of crime: interests of justice) | Civil regs | LAA | Civil [8] |
* No application form needed.[1] Power to grant or refuse is solicitor’s.[2] Criminal Legal Aid (Financial Resources) Regulations 2013 SI 471.[3] If a case concluded by duty solicitor, no application for a representation order may be made.[4] Merits test in Contract Specification B12.[5] Legal Aid, Sentencing and Punishment of Offenders Act 2012 s17. See R (David Sonn) v West London Magistrates’ Court [2000] CLW 40/13; R (Punatar & Co) v Horseferry Road Magistrates’ Court [2002] CLW 24/02.[6] Subject to standard and graduated fee schemes which may limit the total bill.[7] Civil Legal Aid (Merits Criteria) Regulations 2013 SI No 104.[8] Limitations may be extended on application to the LAA.[9] Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 SI No 480.