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====== SPECIFICATION ====== | ====== SPECIFICATION ====== | ||
- | 2017 Standard Crime Contract | + | 2017 Standard Crime Contract\\ |
- | Specification | + | Specification\\ |
- | February 2017 | + | February 2017\\ |
- | 1Contents | + | \\ |
- | Section | + | Contents\\ |
- | 1 | + | |
- | 2 | + | 1. Introduction to Contract Work\\ |
- | 3 | + | 2. Service Standards\\ |
- | 4 | + | 3. Qualifying Criteria\\ |
- | 5 | + | 4. Carrying out Contract Work\\ |
- | 6 | + | 5. Remuneration for Contract Work\\ |
- | 7 | + | 6. Duty Solicitor Contract Work\\ |
- | 8 | + | 7. Very High Cost Cases (VHCCs)\\ |
- | 9 | + | 8. Claims, Costs, Assessments and Reviews\\ |
- | 10 | + | 9. Criminal Investigations\\ |
- | 11 | + | 10. Criminal Proceedings\\ |
- | 12 | + | 11. Appeals and Reviews\\ |
- | 13 | + | 12. Prison Law\\ |
- | February 2017 | + | 13. Associated Civil Work\\ |
- | Section Heading | + | |
- | Introduction to Contract Work | + | \\ |
- | Service Standards | + | \\ |
- | Qualifying Criteria | + | |
- | Carrying out Contract Work | + | Definitions\\ |
- | Remuneration for Contract Work | + | |
- | Duty Solicitor Contract Work | + | |
- | Very High Cost Cases (VHCCs) | + | |
- | Claims, Costs, Assessments and Reviews | + | |
- | Criminal Investigations | + | |
- | Criminal Proceedings | + | |
- | Appeals and Reviews | + | |
- | Prison Law | + | |
- | Associated Civil Work | + | |
- | 21. | + | |
- | Introduction to Contract Work | + | |
- | Definitions | + | |
1.1 Unless otherwise stated, definitions that are set out in Legal Aid Legislation | 1.1 Unless otherwise stated, definitions that are set out in Legal Aid Legislation | ||
and the Standard Terms apply to this Specification and are not repeated | and the Standard Terms apply to this Specification and are not repeated | ||
- | here. | + | here.\\ |
- | 1.2 In this Specification, | + | |
- | meanings: | + | 1.2 In this Specification, the following expressions have the following meanings: \\ |
- | the | + | |
- | following | + | |
- | expressions | + | |
- | have | + | |
- | the | + | |
- | following | + | |
“Accreditation” means accreditation under the Law Society’s Criminal | “Accreditation” means accreditation under the Law Society’s Criminal | ||
Litigation Accreditation Scheme; | Litigation Accreditation Scheme; | ||
+ | |||
“Accredited Representative” means an individual whose name is included | “Accredited Representative” means an individual whose name is included | ||
on the Police Station Register and who is accredited by a body recognised | on the Police Station Register and who is accredited by a body recognised | ||
by us as competent to grant such accreditation; | by us as competent to grant such accreditation; | ||
+ | |||
“Advice and Assistance” means advice and assistance provided under | “Advice and Assistance” means advice and assistance provided under | ||
section 13 or 15 of the Act (as applicable); | section 13 or 15 of the Act (as applicable); | ||
+ | |||
“Assigned Counsel” means Counsel or in-house advocate who is assigned | “Assigned Counsel” means Counsel or in-house advocate who is assigned | ||
under a Representation Order in accordance with regulation 16 and 17 of | under a Representation Order in accordance with regulation 16 and 17 of | ||
the Criminal Legal Aid (Determinations by a Court and Choice of | the Criminal Legal Aid (Determinations by a Court and Choice of | ||
Representative) Regulations 2013; | Representative) Regulations 2013; | ||
+ | |||
“Back-up” means a system by which the DSCC seeks to contact another | “Back-up” means a system by which the DSCC seeks to contact another | ||
Duty Solicitor when a Duty Solicitor on a Rota is unable to accept a request | Duty Solicitor when a Duty Solicitor on a Rota is unable to accept a request | ||
for Police Station Advice and Assistance; | for Police Station Advice and Assistance; | ||
+ | |||
“Call In” or “Call In Scheme” means the magistrates’ court Panel Duty | “Call In” or “Call In Scheme” means the magistrates’ court Panel Duty | ||
Scheme which is operated by a court contracting the Duty Solicitor directly | Scheme which is operated by a court contracting the Duty Solicitor directly | ||
as and when he or she is required at court; | as and when he or she is required at court; | ||
+ | |||
“Caseworker” means an employee who is not a Supervisor, but who is a | “Caseworker” means an employee who is not a Supervisor, but who is a | ||
fee-earner who regularly undertakes criminal defence work to whom a | fee-earner who regularly undertakes criminal defence work to whom a | ||
Line 70: | Line 59: | ||
progression of those cases, within their specific caseload, under | progression of those cases, within their specific caseload, under | ||
supervision. Caseworker includes paralegals; | supervision. Caseworker includes paralegals; | ||
+ | |||
“Child” means an individual under the age of 18; | “Child” means an individual under the age of 18; | ||
+ | |||
“Civil Financial Regulations” means regulations made under section 21 of | “Civil Financial Regulations” means regulations made under section 21 of | ||
the Act that relate to civil Legal Aid; | the Act that relate to civil Legal Aid; | ||
“Civil Procedure Regulations” means the Civil Legal Aid (Procedure) | “Civil Procedure Regulations” means the Civil Legal Aid (Procedure) | ||
Regulations 2012; | Regulations 2012; | ||
+ | |||
“Civil Remuneration Regulations” means regulations made under section | “Civil Remuneration Regulations” means regulations made under section | ||
2(3) of the Act that relate to civil Legal Aid; | 2(3) of the Act that relate to civil Legal Aid; | ||
+ | |||
“Contract Guide” means a guide issued by us specifically in relation to the | “Contract Guide” means a guide issued by us specifically in relation to the | ||
Contract and published on our website; | Contract and published on our website; | ||
+ | |||
“Contribution Order Regulations” means the Criminal Legal Aid | “Contribution Order Regulations” means the Criminal Legal Aid | ||
(Contribution Orders) Regulations 2013 and any other regulations made | (Contribution Orders) Regulations 2013 and any other regulations made | ||
under section 23 of the Act that relate to criminal Legal Aid; | under section 23 of the Act that relate to criminal Legal Aid; | ||
February 2017 | February 2017 | ||
+ | |||
3“Controlled Work” has the meaning given to it in regulation 21(2) of the | 3“Controlled Work” has the meaning given to it in regulation 21(2) of the | ||
Civil Procedure Regulations; | Civil Procedure Regulations; | ||
+ | |||
“Costs Limitation” means the limitation setting out our maximum liability | “Costs Limitation” means the limitation setting out our maximum liability | ||
as to costs (including profit costs, Disbursements and Counsels’ fees but | as to costs (including profit costs, Disbursements and Counsels’ fees but | ||
Line 90: | Line 86: | ||
described as an Upper Limit in respect of a Representation Order granted | described as an Upper Limit in respect of a Representation Order granted | ||
in respect of Prescribed Proceedings in the Crown Court; | in respect of Prescribed Proceedings in the Crown Court; | ||
+ | |||
“CJS Area” means the areas into which England and Wales is divided for | “CJS Area” means the areas into which England and Wales is divided for | ||
the purposes of administering the CJS, the CJS areas being based on the | the purposes of administering the CJS, the CJS areas being based on the | ||
police areas as set out in Schedule 1 of the Police Act 1996; | police areas as set out in Schedule 1 of the Police Act 1996; | ||
+ | |||
“CPD” means continuing professional development as defined in your | “CPD” means continuing professional development as defined in your | ||
Relevant Professional Body’s applicable training regulations; | Relevant Professional Body’s applicable training regulations; | ||
+ | |||
“Criminal Defence Direct Fixed Acceptance Fee” means the fee set out in | “Criminal Defence Direct Fixed Acceptance Fee” means the fee set out in | ||
the Criminal Remuneration Regulations which is claimable in an Escape Fee | the Criminal Remuneration Regulations which is claimable in an Escape Fee | ||
Case if a former Criminal Defence Direct case is referred to you to provide | Case if a former Criminal Defence Direct case is referred to you to provide | ||
Police Station Advice and Assistance; | Police Station Advice and Assistance; | ||
+ | |||
“Criminal Defence Direct Matter” means Police Station Advice and | “Criminal Defence Direct Matter” means Police Station Advice and | ||
Assistance which is not within the scope of this Specification and may only | Assistance which is not within the scope of this Specification and may only | ||
be undertaken by a Criminal Defence Direct Telephone Adviser, unless an | be undertaken by a Criminal Defence Direct Telephone Adviser, unless an | ||
exception as set out in Section 9 applies; | exception as set out in Section 9 applies; | ||
+ | |||
“Criminal Defence Direct Telephone Adviser” means a person approved by | “Criminal Defence Direct Telephone Adviser” means a person approved by | ||
us to be employed or engaged specifically to provide telephone advice for | us to be employed or engaged specifically to provide telephone advice for | ||
the purposes of Criminal Defence Direct, the minimum qualification for | the purposes of Criminal Defence Direct, the minimum qualification for | ||
whom shall be the Law Society’s Police Station Qualification; | whom shall be the Law Society’s Police Station Qualification; | ||
+ | |||
“Criminal Financial Regulations” means the Criminal Legal Aid (Financial | “Criminal Financial Regulations” means the Criminal Legal Aid (Financial | ||
Resources) Regulations 2013 and any other regulations made under | Resources) Regulations 2013 and any other regulations made under | ||
Line 112: | Line 114: | ||
“Criminal Litigation Accreditation Scheme” or “CLAS” means the Law | “Criminal Litigation Accreditation Scheme” or “CLAS” means the Law | ||
Society criminal litigation accreditation scheme; | Society criminal litigation accreditation scheme; | ||
+ | |||
“Criminal Remuneration Regulations” means the Criminal Legal Aid | “Criminal Remuneration Regulations” means the Criminal Legal Aid | ||
(Remuneration) Regulations 2013 and other regulations made under | (Remuneration) Regulations 2013 and other regulations made under | ||
section 2(3) of the Act that relate to criminal Legal Aid; | section 2(3) of the Act that relate to criminal Legal Aid; | ||
+ | |||
“Designated Area(s)” means the CJS Areas of: | “Designated Area(s)” means the CJS Areas of: | ||
London, | London, | ||
Line 134: | Line 138: | ||
4Sheffield, and | 4Sheffield, and | ||
Southampton; | Southampton; | ||
+ | |||
“Designated Area Standard Fee” has the meaning given to it in Section 10; | “Designated Area Standard Fee” has the meaning given to it in Section 10; | ||
+ | |||
"Designated Fee Earner" means a person who is designated by you to | "Designated Fee Earner" means a person who is designated by you to | ||
undertake Contract Work under this Specification (including Agents) in | undertake Contract Work under this Specification (including Agents) in | ||
accordance with Paragraphs 2.32 to 2.38; | accordance with Paragraphs 2.32 to 2.38; | ||
+ | |||
“Disbursement(s)” means out of pocket expenses properly incurred by you | “Disbursement(s)” means out of pocket expenses properly incurred by you | ||
(and which, apart from this Contract, would be properly chargeable to a | (and which, apart from this Contract, would be properly chargeable to a | ||
Client) in performing Contract Work; | Client) in performing Contract Work; | ||
+ | |||
“Disciplinary Case” means Advocacy Assistance on a Matter, which falls | “Disciplinary Case” means Advocacy Assistance on a Matter, which falls | ||
under Section 12, and is within scope of regulation 12(2)(f) of the Criminal | under Section 12, and is within scope of regulation 12(2)(f) of the Criminal | ||
Legal Aid (General) Regulations 2013; | Legal Aid (General) Regulations 2013; | ||
+ | |||
“Disciplinary Hearing” means adjudications that are heard before the Prison | “Disciplinary Hearing” means adjudications that are heard before the Prison | ||
Governor or an Independent Adjudicator where offences against the Prison | Governor or an Independent Adjudicator where offences against the Prison | ||
Rules 1999 or Young Offender Rules 2000 that are alleged to have been | Rules 1999 or Young Offender Rules 2000 that are alleged to have been | ||
committed by the prisoner are dealt with; | committed by the prisoner are dealt with; | ||
+ | |||
“DSCC” is the "Defence Solicitor Call Centre" (as may be superseded or | “DSCC” is the "Defence Solicitor Call Centre" (as may be superseded or | ||
replaced from time to time) provided on behalf of us by independent | replaced from time to time) provided on behalf of us by independent | ||
contractors to deal with requests for Advice and Assistance at the Police | contractors to deal with requests for Advice and Assistance at the Police | ||
Station; | Station; | ||
+ | |||
“Duty Period” or “Duty Slot” means a period during which a Duty Solicitor | “Duty Period” or “Duty Slot” means a period during which a Duty Solicitor | ||
is required to be available to give Advice and Assistance or Advocacy | is required to be available to give Advice and Assistance or Advocacy | ||
Assistance under a Duty Scheme; | Assistance under a Duty Scheme; | ||
+ | |||
“Duty Solicitor Postcode Tool” means the tool on our website which sets | “Duty Solicitor Postcode Tool” means the tool on our website which sets | ||
out the geographical ambit of Duty Schemes by reference to postcodes; | out the geographical ambit of Duty Schemes by reference to postcodes; | ||
+ | |||
“Early Cover” has the meaning given to it in Section 10; | “Early Cover” has the meaning given to it in Section 10; | ||
+ | |||
“ECrime System” means our online system for managing the electronic | “ECrime System” means our online system for managing the electronic | ||
transmission of information between us and Providers (including any | transmission of information between us and Providers (including any | ||
Counsel or other third parties you appoint in accordance with Clause 3 in | Counsel or other third parties you appoint in accordance with Clause 3 in | ||
connection with Contract Work that is part of the online service; | connection with Contract Work that is part of the online service; | ||
+ | |||
“Engaged” means meeting the requirements of Paragraphs 6.22 to 6.24; | “Engaged” means meeting the requirements of Paragraphs 6.22 to 6.24; | ||
+ | |||
“Escape Fee Cases” means a Case or Matter which would otherwise be paid | “Escape Fee Cases” means a Case or Matter which would otherwise be paid | ||
under a Fixed Fee but which is payable in full or in part on Hourly Rates | under a Fixed Fee but which is payable in full or in part on Hourly Rates | ||
because of the extent by which the Claim exceeds the relevant fee; | because of the extent by which the Claim exceeds the relevant fee; | ||
+ | |||
“Escape Fee Case Costs” is the remuneration payable in a case which | “Escape Fee Case Costs” is the remuneration payable in a case which | ||
would otherwise be paid by a Fixed Fee but where your costs exceed the | would otherwise be paid by a Fixed Fee but where your costs exceed the | ||
specified Escape Fee Case Threshold and are assessed by us; | specified Escape Fee Case Threshold and are assessed by us; | ||
+ | |||
“Escape Fee Case Threshold” means the extent to which your costs must | “Escape Fee Case Threshold” means the extent to which your costs must | ||
exceed a Fixed Fee so as to entitle you to have your costs assessed by us | exceed a Fixed Fee so as to entitle you to have your costs assessed by us | ||
as an Escape Fee Case; | as an Escape Fee Case; | ||
+ | |||
“Financial Eligibility Tests” means such test of the Client's financial | “Financial Eligibility Tests” means such test of the Client's financial | ||
resources as are applicable under the Criminal Financial Regulations; | resources as are applicable under the Criminal Financial Regulations; | ||
- | February 2017 | + | |
- | 5“Findings” include not only findings on particular practices (such as failing | + | “Findings” include not only findings on particular practices (such as failing |
to Assess financial eligibility or charging for administrative work that is not | to Assess financial eligibility or charging for administrative work that is not | ||
allowable) but in relation to more general matters, such as claiming | allowable) but in relation to more general matters, such as claiming | ||
excessive time for preparation or attendances or the average percentage | excessive time for preparation or attendances or the average percentage | ||
reduction on Assessment of a sample of your files; | reduction on Assessment of a sample of your files; | ||
+ | |||
“Fixed Fee” means any payment under this Specification for Contract Work | “Fixed Fee” means any payment under this Specification for Contract Work | ||
on the basis of a specified fee rather than on Hourly Rates; | on the basis of a specified fee rather than on Hourly Rates; | ||
Line 185: | Line 205: | ||
under section 15(2)(a) of the Act and which is claimed in accordance with | under section 15(2)(a) of the Act and which is claimed in accordance with | ||
this Specification; | this Specification; | ||
+ | |||
“Full Time Equivalent” or “FTE” means the equivalent of one individual | “Full Time Equivalent” or “FTE” means the equivalent of one individual | ||
working 35 hours in a standard 7 day week (excluding breaks). More than | working 35 hours in a standard 7 day week (excluding breaks). More than | ||
one individual may together make up the FTE requirement; | one individual may together make up the FTE requirement; | ||
+ | |||
“Graduated Fee” means a fee designated as such (and paid in the | “Graduated Fee” means a fee designated as such (and paid in the | ||
circumstances set out and at the levels set out) in the Criminal | circumstances set out and at the levels set out) in the Criminal | ||
Remuneration Regulations; | Remuneration Regulations; | ||
+ | |||
“Higher Courts” means the Court of Appeal and the Supreme Court of | “Higher Courts” means the Court of Appeal and the Supreme Court of | ||
England and Wales; | England and Wales; | ||
+ | |||
“Higher Fee” has the meaning given to it in Section 10; | “Higher Fee” has the meaning given to it in Section 10; | ||
+ | |||
“Higher Fee Limit” means a specified amount of costs of preparation above | “Higher Fee Limit” means a specified amount of costs of preparation above | ||
which you are entitled to have your costs assessed by us and paid at | which you are entitled to have your costs assessed by us and paid at | ||
Hourly Rates; | Hourly Rates; | ||
+ | |||
“Higher Standard Fee” has the meaning given to it in Section 10; | “Higher Standard Fee” has the meaning given to it in Section 10; | ||
+ | |||
“Higher Standard Fee Limit” means in relation to the Prison Law Class of | “Higher Standard Fee Limit” means in relation to the Prison Law Class of | ||
Work only, a specified amount of costs of preparation above which you are | Work only, a specified amount of costs of preparation above which you are | ||
entitled to have your costs assessed by us and paid on a Non-Standard Fee | entitled to have your costs assessed by us and paid on a Non-Standard Fee | ||
basis; | basis; | ||
+ | |||
“Hourly Rates” means payment on the basis of hours of Contract Work as | “Hourly Rates” means payment on the basis of hours of Contract Work as | ||
set out in the Criminal Remuneration Regulations; | set out in the Criminal Remuneration Regulations; | ||
+ | |||
“Immigration Offence” means a breach of legislation relating to | “Immigration Offence” means a breach of legislation relating to | ||
immigration in force from time to time and such breaches shall include | immigration in force from time to time and such breaches shall include | ||
Line 209: | Line 238: | ||
of leave or failure to observe a condition of temporary admission or | of leave or failure to observe a condition of temporary admission or | ||
release. This list is not exhaustive; | release. This list is not exhaustive; | ||
+ | |||
“Incidental Proceedings” means proceedings which are specified | “Incidental Proceedings” means proceedings which are specified | ||
regulation 19 of the Criminal Legal Aid (General) Regulations 2013; | regulation 19 of the Criminal Legal Aid (General) Regulations 2013; | ||
in | in | ||
+ | |||
“Independent Adjudicator” in the Prison Law Class has the same meaning | “Independent Adjudicator” in the Prison Law Class has the same meaning | ||
as in Rule 2 of the Prison Rules 1999; | as in Rule 2 of the Prison Rules 1999; | ||
+ | |||
“Interests of Justice Test” means the factors set out in section 17(2) of the | “Interests of Justice Test” means the factors set out in section 17(2) of the | ||
Act; | Act; | ||
+ | |||
“Lower Fee” has the meaning given to it in Section 10; | “Lower Fee” has the meaning given to it in Section 10; | ||
+ | |||
“Lower Fee Limit” has the meaning given to it in Section 10; | “Lower Fee Limit” has the meaning given to it in Section 10; | ||
- | February 2017 | + | |
- | 6“Lower Standard Fee” has the meaning given to it in Section 10; | + | “Lower Standard Fee” has the meaning given to it in Section 10; |
“Lower Standard Fee Limit” has the meaning given to it in Section 10; | “Lower Standard Fee Limit” has the meaning given to it in Section 10; | ||
+ | |||
“Mandatory Electronic Working” means information in relation to Contract | “Mandatory Electronic Working” means information in relation to Contract | ||
Work that you must provide to the Director or us electronically through the | Work that you must provide to the Director or us electronically through the | ||
Line 226: | Line 262: | ||
examples of the type of information you must provide to us electronically | examples of the type of information you must provide to us electronically | ||
are: | are: | ||
+ | |||
(a) making applications for determinations | (a) making applications for determinations | ||
+ | |||
(b) making requests for withdrawals or transfers for Representation; | (b) making requests for withdrawals or transfers for Representation; | ||
+ | |||
(c) submitting requests for prior authorities and Payments on Account; | (c) submitting requests for prior authorities and Payments on Account; | ||
+ | |||
(d) submitting Claims for Contract Work; | (d) submitting Claims for Contract Work; | ||
+ | |||
(e) appealing or reviewing decisions made by us on Claims; or | (e) appealing or reviewing decisions made by us on Claims; or | ||
+ | |||
(f) reviewing or appealing determinations about whether an individual | (f) reviewing or appealing determinations about whether an individual | ||
qualifies for criminal legal services; | qualifies for criminal legal services; | ||
+ | |||
“Mis-Claiming” means claiming in a manner that is clearly contrary to the | “Mis-Claiming” means claiming in a manner that is clearly contrary to the | ||
Contract and where no discretion arises as to payment. For instance, | Contract and where no discretion arises as to payment. For instance, | ||
Line 238: | Line 281: | ||
Assistance provided on the same Matter as part of the Standard Fee or | Assistance provided on the same Matter as part of the Standard Fee or | ||
claiming for Advocacy Assistance outside the scope of this Specification; | claiming for Advocacy Assistance outside the scope of this Specification; | ||
+ | |||
“Monthly Payment Protocol” means the document of that name published | “Monthly Payment Protocol” means the document of that name published | ||
on our website, setting out our approach to reconciliation and to review | on our website, setting out our approach to reconciliation and to review | ||
and amendment of Monthly Payments due under this Specification; | and amendment of Monthly Payments due under this Specification; | ||
+ | |||
“Non-Standard Fee” is a fee payable in respect of costs which have been | “Non-Standard Fee” is a fee payable in respect of costs which have been | ||
assessed by us because your case costs have exceeded the Higher | assessed by us because your case costs have exceeded the Higher | ||
Standard Fee Limit; or because the case falls outside the Standard Fee | Standard Fee Limit; or because the case falls outside the Standard Fee | ||
payment scheme; | payment scheme; | ||
+ | |||
“Over-Claiming” means claiming more than we determine to be reasonable | “Over-Claiming” means claiming more than we determine to be reasonable | ||
on Assessment under Section 8, but where discretion arises as to the | on Assessment under Section 8, but where discretion arises as to the | ||
Line 251: | Line 297: | ||
reasonable or claiming a Disbursement where we consider that it was not | reasonable or claiming a Disbursement where we consider that it was not | ||
reasonably incurred; | reasonably incurred; | ||
+ | |||
“Own Client” means a Client other than a Client who is advised under a | “Own Client” means a Client other than a Client who is advised under a | ||
Duty Scheme; | Duty Scheme; | ||
+ | |||
“Own Solicitor” means a lawyer who provides Advice and Assistance to a | “Own Solicitor” means a lawyer who provides Advice and Assistance to a | ||
Client other than as a Duty Solicitor; | Client other than as a Duty Solicitor; | ||
+ | |||
“Panel” or “Panel List” means an arrangement by which the DSCC | “Panel” or “Panel List” means an arrangement by which the DSCC | ||
telephones Duty Solicitors on a Duty Scheme in sequence to identify a | telephones Duty Solicitors on a Duty Scheme in sequence to identify a | ||
Duty Solicitor available to provide Advice and Assistance at a Police | Duty Solicitor available to provide Advice and Assistance at a Police | ||
Station; | Station; | ||
+ | |||
“Parole Board Case” means Advice and Assistance or Advocacy Assistance | “Parole Board Case” means Advice and Assistance or Advocacy Assistance | ||
on a Matter which falls under Section 12 and is within scope of regulation | on a Matter which falls under Section 12 and is within scope of regulation | ||
12(2)(g) of the Criminal Legal Aid (General) Regulations 2013; | 12(2)(g) of the Criminal Legal Aid (General) Regulations 2013; | ||
- | February 2017 | + | |
- | 7“Parole Board Hearing” means a hearing that is heard before the Parole | + | “Parole Board Hearing” means a hearing that is heard before the Parole |
Board at which that board has the power to direct release; | Board at which that board has the power to direct release; | ||
+ | |||
“Police Station Advice and Assistance” means Advice and Assistance given | “Police Station Advice and Assistance” means Advice and Assistance given | ||
either by Police Station attendance or by Police Station Telephone Advice | either by Police Station attendance or by Police Station Telephone Advice | ||
under section 13 of the Act; | under section 13 of the Act; | ||
+ | |||
“Police Station Attendance Fixed Fee” means the fee payable for all work | “Police Station Attendance Fixed Fee” means the fee payable for all work | ||
done on the Matter relating to Police Station attendance, including time | done on the Matter relating to Police Station attendance, including time | ||
Line 275: | Line 327: | ||
the Police Station in relation to a Matter where at least one Police Station | the Police Station in relation to a Matter where at least one Police Station | ||
attendance has been given; | attendance has been given; | ||
+ | |||
“Police Station Qualification” or “PSQ” means the qualification which must | “Police Station Qualification” or “PSQ” means the qualification which must | ||
be attained before a Solicitor or Counsel or Accredited Representative is | be attained before a Solicitor or Counsel or Accredited Representative is | ||
Line 280: | Line 333: | ||
“Police Station Register” means the list maintained by us of all Accredited | “Police Station Register” means the list maintained by us of all Accredited | ||
Representatives; | Representatives; | ||
+ | |||
“Police Station Telephone Attendance Fixed Fee” means the fee payable for | “Police Station Telephone Attendance Fixed Fee” means the fee payable for | ||
all telephone calls for a Matter advising the Client in custody for which the | all telephone calls for a Matter advising the Client in custody for which the | ||
Matter does not also include attendance at the Police Station; | Matter does not also include attendance at the Police Station; | ||
+ | |||
“Pre-Order Cover” has the meaning given to it in Section 10; | “Pre-Order Cover” has the meaning given to it in Section 10; | ||
+ | |||
“Prescribed Proceedings” means proceedings which have been prescribed | “Prescribed Proceedings” means proceedings which have been prescribed | ||
by Regulations as criminal for the purposes of Legal Aid by virtue of section | by Regulations as criminal for the purposes of Legal Aid by virtue of section | ||
Line 477: | Line 533: | ||
between Sections of which you become aware promptly upon becoming | between Sections of which you become aware promptly upon becoming | ||
aware of the same. | aware of the same. | ||
- | February 2017 | + | |
- | 132. | + | |
Service Standards | Service Standards | ||
+ | |||
General | General | ||
+ | |||
2.1 You must, at all times whilst this Contract is in operation, meet the | 2.1 You must, at all times whilst this Contract is in operation, meet the | ||
Supervisor requirements set out in Paragraphs 2.3 to 2.31. | Supervisor requirements set out in Paragraphs 2.3 to 2.31. | ||
+ | |||
2.2 Subject to Paragraphs 2.27 and 2.28, if you cease to meet the | 2.2 Subject to Paragraphs 2.27 and 2.28, if you cease to meet the | ||
requirements of Paragraph 2.1 your right to undertake Contract Work in | requirements of Paragraph 2.1 your right to undertake Contract Work in | ||
the relevant Class of Work will cease. Any breach of Paragraph 2.1 shall be | the relevant Class of Work will cease. Any breach of Paragraph 2.1 shall be | ||
a Fundamental Breach. | a Fundamental Breach. | ||
+ | |||
2.3 Where your Schedule authorises you to undertake Contract Work in the | 2.3 Where your Schedule authorises you to undertake Contract Work in the | ||
Criminal Investigations and Criminal Proceedings Classes of Work you must | Criminal Investigations and Criminal Proceedings Classes of Work you must | ||
Employ a minimum of one Full Time Equivalent Supervisor who meets the | Employ a minimum of one Full Time Equivalent Supervisor who meets the | ||
supervisor standards set out in Paragraphs 2.20 to 2.21. | supervisor standards set out in Paragraphs 2.20 to 2.21. | ||
+ | |||
2.4 Where your Schedule authorises you to undertake Contract Work in the | 2.4 Where your Schedule authorises you to undertake Contract Work in the | ||
Prison Law Class of Work you must Employ at least one Full Time | Prison Law Class of Work you must Employ at least one Full Time | ||
Equivalent Supervisor who meets the supervisor standards set out in | Equivalent Supervisor who meets the supervisor standards set out in | ||
Paragraphs 2.22 to 2.25. | Paragraphs 2.22 to 2.25. | ||
+ | |||
2.5 Where you Schedule authorises you to undertake Contract Work in the | 2.5 Where you Schedule authorises you to undertake Contract Work in the | ||
Appeals and Reviews Class of Work only; you must Employ at least one | Appeals and Reviews Class of Work only; you must Employ at least one | ||
Full Time Equivalent Supervisor who meets the supervisor standards set | Full Time Equivalent Supervisor who meets the supervisor standards set | ||
out in Paragraph 2.26. | out in Paragraph 2.26. | ||
+ | |||
2.6 Supervisors who qualify may act as a Supervisor for more than one Class | 2.6 Supervisors who qualify may act as a Supervisor for more than one Class | ||
of Work. | of Work. | ||
+ | |||
2.7 Supervisors must at all times during their working hours (except as | 2.7 Supervisors must at all times during their working hours (except as | ||
required for the proper performance of their role such as attending court | required for the proper performance of their role such as attending court | ||
and/or Clients) work from one or any combination of your Offices. | and/or Clients) work from one or any combination of your Offices. | ||
+ | |||
2.8 Supervisors may act as a Supervisor at a maximum of two of your Offices. | 2.8 Supervisors may act as a Supervisor at a maximum of two of your Offices. | ||
+ | |||
2.9 Save in respect of Prison Law which is the subject of Paragraph 2.10 an | 2.9 Save in respect of Prison Law which is the subject of Paragraph 2.10 an | ||
individual may not act as a Supervisor for you if they act as a Supervisor | individual may not act as a Supervisor for you if they act as a Supervisor | ||
for another Provider. | for another Provider. | ||
+ | |||
2.10 A Prison Law Supervisor may also act as a Supervisor for a maximum of | 2.10 A Prison Law Supervisor may also act as a Supervisor for a maximum of | ||
one other Provider. | one other Provider. | ||
+ | |||
2.11 You must notify us if any Supervisor leaves your organisation, ceases to | 2.11 You must notify us if any Supervisor leaves your organisation, ceases to | ||
meet the Supervisor standards set out in this Specification or fails to | meet the Supervisor standards set out in this Specification or fails to | ||
Line 517: | Line 584: | ||
manner described, such member of your personnel must immediately | manner described, such member of your personnel must immediately | ||
cease acting as a Supervisor. | cease acting as a Supervisor. | ||
+ | |||
2.12 A Supervisor may delegate functions to an employee who does not meet all | 2.12 A Supervisor may delegate functions to an employee who does not meet all | ||
the Supervisor standards in this Specification to act as their deputy | the Supervisor standards in this Specification to act as their deputy | ||
Line 523: | Line 591: | ||
the necessary skills and experience for the deputy Supervisor to become a | the necessary skills and experience for the deputy Supervisor to become a | ||
Supervisor in future. | Supervisor in future. | ||
- | February 2017 | + | |
- | 142.13 Your Supervisor(s) must meet the Supervisor standards in this | + | 2.13 Your Supervisor(s) must meet the Supervisor standards in this |
Specification at the time of being appointed as Supervisor and continue to | Specification at the time of being appointed as Supervisor and continue to | ||
do so in any 12 month period thereafter. | do so in any 12 month period thereafter. | ||
+ | |||
2.14 Your Supervisor(s) must take account of any changes in legislation and | 2.14 Your Supervisor(s) must take account of any changes in legislation and | ||
case law. | case law. | ||
+ | |||
Supervision standards | Supervision standards | ||
+ | |||
2.15 | 2.15 | ||
All Supervisors must meet one of the following supervisory skills | All Supervisors must meet one of the following supervisory skills | ||
standards: | standards: | ||
+ | |||
(a) have supervised at least one Full Time Equivalent Designated Fee | (a) have supervised at least one Full Time Equivalent Designated Fee | ||
Earner or Caseworker in the relevant Class of Work for at least one | Earner or Caseworker in the relevant Class of Work for at least one | ||
year in the previous five year period; or | year in the previous five year period; or | ||
+ | |||
(b) have completed such training covering key supervisory skills we | (b) have completed such training covering key supervisory skills we | ||
approve from time to time in the previous 12 month period; or | approve from time to time in the previous 12 month period; or | ||
+ | |||
(c) have achieved Level 3 or higher National Vocational Qualification NVQ | (c) have achieved Level 3 or higher National Vocational Qualification NVQ | ||
standard (or any replacement from time to time) in supervising in the | standard (or any replacement from time to time) in supervising in the | ||
Line 545: | Line 619: | ||
Period when we request confirmation that they meet the supervision | Period when we request confirmation that they meet the supervision | ||
standards. | standards. | ||
+ | |||
2.16 A Supervisor must ensure that all persons performing Contract Work under | 2.16 A Supervisor must ensure that all persons performing Contract Work under | ||
this Contract have a professional legal qualification or, where a | this Contract have a professional legal qualification or, where a | ||
Line 550: | Line 625: | ||
that such persons perform a minimum of 12 hours of Contract Work each | that such persons perform a minimum of 12 hours of Contract Work each | ||
week in the relevant Class of Work. | week in the relevant Class of Work. | ||
+ | |||
2.17 Arrangements must be in place to ensure that each Supervisor is able to | 2.17 Arrangements must be in place to ensure that each Supervisor is able to | ||
conduct their role effectively including, but not limited to, the following: | conduct their role effectively including, but not limited to, the following: | ||
+ | |||
(a) designating time to conduct supervision of each Designated Fee | (a) designating time to conduct supervision of each Designated Fee | ||
Earner or Caseworker; | Earner or Caseworker; | ||
+ | |||
(b) designating time to be in Offices where Contract Work is being | (b) designating time to be in Offices where Contract Work is being | ||
conducted; and | conducted; and | ||
+ | |||
(c) ensuring that the level of supervision provided reflects the skills, | (c) ensuring that the level of supervision provided reflects the skills, | ||
knowledge and experience of the individual Designated Fee Earner | knowledge and experience of the individual Designated Fee Earner | ||
or Caseworker. | or Caseworker. | ||
+ | |||
2.18 Each Supervisor must conduct file reviews for each Designated Fee Earner | 2.18 Each Supervisor must conduct file reviews for each Designated Fee Earner | ||
or Caseworker they supervise. The number of file reviews must reflect the | or Caseworker they supervise. The number of file reviews must reflect the | ||
Line 564: | Line 644: | ||
record the outcome of file reviews, together with the details of corrective | record the outcome of file reviews, together with the details of corrective | ||
action taken (if any). | action taken (if any). | ||
+ | |||
2.19 Where a Designated Fee Earner or Caseworker undertakes Contract Work | 2.19 Where a Designated Fee Earner or Caseworker undertakes Contract Work | ||
in a location other than where their Supervisor is based, the Supervisor | in a location other than where their Supervisor is based, the Supervisor | ||
Line 569: | Line 650: | ||
calendar month. | calendar month. | ||
Supervisor qualification: Criminal Investigations and Criminal Proceedings | Supervisor qualification: Criminal Investigations and Criminal Proceedings | ||
- | February 2017 | + | |
- | 152.20 Each Supervisor must during the Contract Period, have in the previous 12 | + | 2.20 Each Supervisor must during the Contract Period, have in the previous 12 |
months undertaken at least 350 hours of direct casework which may | months undertaken at least 350 hours of direct casework which may | ||
include direct (documented) supervision. Where a Supervisor works part- | include direct (documented) supervision. Where a Supervisor works part- | ||
time this requirement is to be read as 1050 hours of direct casework which | time this requirement is to be read as 1050 hours of direct casework which | ||
may include direct (documented) supervision in the previous five years. | may include direct (documented) supervision in the previous five years. | ||
+ | |||
2.21 All Supervisors must have the following: | 2.21 All Supervisors must have the following: | ||
+ | |||
(a) CLAS; and | (a) CLAS; and | ||
+ | |||
(b) a current non-conditional practising certificate for the previous three | (b) a current non-conditional practising certificate for the previous three | ||
years; and | years; and | ||
+ | |||
(c) at any time during the Contract, in the previous 12 months have | (c) at any time during the Contract, in the previous 12 months have | ||
undertaken a minimum of six Police Station Advice and Assistance | undertaken a minimum of six Police Station Advice and Assistance | ||
cases (of which no more than two can be Police Station Telephone | cases (of which no more than two can be Police Station Telephone | ||
Advice where there is no subsequent Police Station attendance); and | Advice where there is no subsequent Police Station attendance); and | ||
+ | |||
(d) at any time during the Contract, in the previous 12 months have | (d) at any time during the Contract, in the previous 12 months have | ||
undertaken: | undertaken: | ||
+ | |||
(i) a minimum of 20 magistrates’ court Representations and | (i) a minimum of 20 magistrates’ court Representations and | ||
advocacy (which may include Representation of a Client during | advocacy (which may include Representation of a Client during | ||
a magistrates’ court Duty session with one session counting as | a magistrates’ court Duty session with one session counting as | ||
one Representation only); or | one Representation only); or | ||
+ | |||
(ii) undertaken | (ii) undertaken | ||
a | a | ||
Line 601: | Line 689: | ||
court | court | ||
Court | Court | ||
+ | |||
Supervisor qualification: Prison Law | Supervisor qualification: Prison Law | ||
+ | |||
2.22 Each Supervisor must during the Contract Period, have in the previous 12 | 2.22 Each Supervisor must during the Contract Period, have in the previous 12 | ||
months undertaken at least 350 hours of direct casework which may | months undertaken at least 350 hours of direct casework which may | ||
Line 607: | Line 697: | ||
time this requirement is to be read as 1050 hours of direct casework which | time this requirement is to be read as 1050 hours of direct casework which | ||
may include direct (documented) supervision in the previous five years. | may include direct (documented) supervision in the previous five years. | ||
+ | |||
2.23 To substitute another Prison Law Supervisor under this Contract, your new | 2.23 To substitute another Prison Law Supervisor under this Contract, your new | ||
Prison Law Supervisor must have in the previous 12 months undertaken at | Prison Law Supervisor must have in the previous 12 months undertaken at | ||
Line 614: | Line 705: | ||
(documented) supervision in the previous five years and meet the | (documented) supervision in the previous five years and meet the | ||
requirement in Paragraph 2.24. | requirement in Paragraph 2.24. | ||
+ | |||
2.24 All Supervisors must have, in the previous 12 months, undertaken a | 2.24 All Supervisors must have, in the previous 12 months, undertaken a | ||
minimum of four Representations for four Clients before the Parole Board | minimum of four Representations for four Clients before the Parole Board | ||
or the Independent Adjudicator/Prison Governor. | or the Independent Adjudicator/Prison Governor. | ||
+ | |||
2.25 A Supervisor in the Prison Law Class does not have to be legally qualified. | 2.25 A Supervisor in the Prison Law Class does not have to be legally qualified. | ||
However, he or she must meet the Supervisor standards in this | However, he or she must meet the Supervisor standards in this | ||
Specification. | Specification. | ||
+ | |||
Supervisor qualification: Appeals and Reviews | Supervisor qualification: Appeals and Reviews | ||
+ | |||
2.26 | 2.26 | ||
Each Supervisor must: | Each Supervisor must: | ||
- | February 2017 | + | |
- | 16(a) have held a current non-conditional practising certificate for the | + | (a) have held a current non-conditional practising certificate for the |
previous three years; or | previous three years; or | ||
+ | |||
(b) during the Contract Period, have in the previous 12 months | (b) during the Contract Period, have in the previous 12 months | ||
undertaken at least 350 hours of direct casework which may include | undertaken at least 350 hours of direct casework which may include | ||
Line 632: | Line 728: | ||
which may include direct (documented) supervision in the previous | which may include direct (documented) supervision in the previous | ||
five years | five years | ||
+ | |||
Temporary Supervisor absence | Temporary Supervisor absence | ||
+ | |||
2.27 | 2.27 | ||
+ | |||
2.28 | 2.28 | ||
If your Supervisor is for any reason temporarily unable to act as such you | If your Supervisor is for any reason temporarily unable to act as such you | ||
may for a period of up to six weeks, either: | may for a period of up to six weeks, either: | ||
+ | |||
(a) nominate an employed Designated Fee Earner or Caseworker who | (a) nominate an employed Designated Fee Earner or Caseworker who | ||
does not meet all the Supervisor standards set out in this Section to | does not meet all the Supervisor standards set out in this Section to | ||
supervise; or | supervise; or | ||
+ | |||
(b) nominate an external Supervisor to supervise. | (b) nominate an external Supervisor to supervise. | ||
If you estimate that your Supervisor may be unable to supervise for more | If you estimate that your Supervisor may be unable to supervise for more | ||
Line 646: | Line 747: | ||
Supervision, you must immediately inform us and we will decide at our | Supervision, you must immediately inform us and we will decide at our | ||
discretion what appropriate action to take. This may include: | discretion what appropriate action to take. This may include: | ||
+ | |||
(a) extending the use of an employed Designated Fee Earner or | (a) extending the use of an employed Designated Fee Earner or | ||
Caseworker as Supervisor for a limited period; | Caseworker as Supervisor for a limited period; | ||
+ | |||
(b) formalising the external Supervision arrangement for a limited | (b) formalising the external Supervision arrangement for a limited | ||
period; | period; | ||
+ | |||
(c) by written notice specifying that you must put in place another | (c) by written notice specifying that you must put in place another | ||
employed Supervisor by such period as the notice specifies; or | employed Supervisor by such period as the notice specifies; or | ||
Line 673: | Line 777: | ||
jobs, and lines of responsibility. This must cover all Designated Fee Earners | jobs, and lines of responsibility. This must cover all Designated Fee Earners | ||
and must show: | and must show: | ||
+ | |||
(a) whether the fee-earner is a Duty Solicitor, Solicitor, an Accredited | (a) whether the fee-earner is a Duty Solicitor, Solicitor, an Accredited | ||
Representative, a Probationary Representative or other non-Solicitor | Representative, a Probationary Representative or other non-Solicitor | ||
personnel; and | personnel; and | ||
+ | |||
(b) any fee-earner codings or PIN numbers used by them. | (b) any fee-earner codings or PIN numbers used by them. | ||
+ | |||
2.33 Where any Designated Fee Earner is a Duty Solicitor, you must maintain | 2.33 Where any Designated Fee Earner is a Duty Solicitor, you must maintain | ||
evidence of compliance with the Duty Solicitor rules in Section 6. | evidence of compliance with the Duty Solicitor rules in Section 6. | ||
+ | |||
2.34 Where a Designated Fee Earner is an Accredited Representative, you must | 2.34 Where a Designated Fee Earner is an Accredited Representative, you must | ||
maintain a record of the evidence of compliance with the requirements | maintain a record of the evidence of compliance with the requirements | ||
needed to maintain Accredited Representative status. | needed to maintain Accredited Representative status. | ||
+ | |||
2.35 The information required in Paragraphs 2.32 to 2.34 above must be | 2.35 The information required in Paragraphs 2.32 to 2.34 above must be | ||
retained on a personnel file for each Designated Fee Earner. Alternatively, | retained on a personnel file for each Designated Fee Earner. Alternatively, | ||
you must retain the information for all staff together in a single location. | you must retain the information for all staff together in a single location. | ||
+ | |||
2.36 You must designate all fee earners who regularly undertake Contract Work | 2.36 You must designate all fee earners who regularly undertake Contract Work | ||
under this Contract for you. For the purposes of designation only, when | under this Contract for you. For the purposes of designation only, when | ||
Line 693: | Line 803: | ||
occasionally undertake a limited amount of work i.e. less than three hours | occasionally undertake a limited amount of work i.e. less than three hours | ||
a month. | a month. | ||
+ | |||
2.37 You must designate all Supervisors that carry out Contract Work, Filex | 2.37 You must designate all Supervisors that carry out Contract Work, Filex | ||
Supervisors, Duty Solicitors, Accredited Representatives and Probationary | Supervisors, Duty Solicitors, Accredited Representatives and Probationary | ||
Representatives employed by you. | Representatives employed by you. | ||
+ | |||
2.38 You may designate fee-earners not employed by you but whom you | 2.38 You may designate fee-earners not employed by you but whom you | ||
instruct regularly. | instruct regularly. | ||
Percentage of Contract Work that must be performed by Designated Fee | Percentage of Contract Work that must be performed by Designated Fee | ||
Earners | Earners | ||
+ | |||
2.39 | 2.39 | ||
+ | |||
2.40 | 2.40 | ||
In relation to Contract Work we require: | In relation to Contract Work we require: | ||
+ | |||
(a) 80% of instances of Police Station Advice and Assistance (both | (a) 80% of instances of Police Station Advice and Assistance (both | ||
attendances and telephone advice) to be conducted by Designated | attendances and telephone advice) to be conducted by Designated | ||
Fee Earners; and | Fee Earners; and | ||
+ | |||
(b) 50% of instances of Advocacy Assistance or Representation at the | (b) 50% of instances of Advocacy Assistance or Representation at the | ||
magistrates’ court to be conducted by Designated Fee Earners. | magistrates’ court to be conducted by Designated Fee Earners. | ||
Line 712: | Line 828: | ||
do so until the number of equivalent cases undertaken or reported is at | do so until the number of equivalent cases undertaken or reported is at | ||
least 20. | least 20. | ||
+ | |||
Office requirements | Office requirements | ||
+ | |||
2.41 | 2.41 | ||
Your Offices are specified in your Schedule. Your Schedule will confirm if | Your Offices are specified in your Schedule. Your Schedule will confirm if | ||
Line 719: | Line 837: | ||
182.42 Each Office specified in your Schedule must be located in England or | 182.42 Each Office specified in your Schedule must be located in England or | ||
Wales. | Wales. | ||
+ | |||
2.43 You must ensure that there are arrangements in place to ensure | 2.43 You must ensure that there are arrangements in place to ensure | ||
compliance with appropriate standards of supervision at an equivalent level | compliance with appropriate standards of supervision at an equivalent level | ||
to that outlined in the Relevant Professional Body’s code of conduct. | to that outlined in the Relevant Professional Body’s code of conduct. | ||
Individual Office requirements | Individual Office requirements | ||
+ | |||
2.44 | 2.44 | ||
Each of your Offices (of which you must have at least one) must: | Each of your Offices (of which you must have at least one) must: | ||
+ | |||
(a) satisfy any professional requirements of your regulator and be | (a) satisfy any professional requirements of your regulator and be | ||
registered as appropriate; | registered as appropriate; | ||
+ | |||
(b) provide you with a constant right of access at any point during | (b) provide you with a constant right of access at any point during | ||
Business Hours; | Business Hours; | ||
+ | |||
(c) be open and accessible to Clients, prospective Clients and other | (c) be open and accessible to Clients, prospective Clients and other | ||
interested parties during normal Business Hours on each Business | interested parties during normal Business Hours on each Business | ||
Line 735: | Line 858: | ||
purpose of arranging appointments and other meetings and where | purpose of arranging appointments and other meetings and where | ||
appropriate arranging advice in emergency cases; | appropriate arranging advice in emergency cases; | ||
+ | |||
(d) be able to arrange Client appointments during Business Hours | (d) be able to arrange Client appointments during Business Hours | ||
(subject to personnel availability); | (subject to personnel availability); | ||
+ | |||
(e) contain suitable facilities to interview Clients, witnesses and any | (e) contain suitable facilities to interview Clients, witnesses and any | ||
other persons in a private interview room; | other persons in a private interview room; | ||
(f) contain sufficient infrastructure to enable you to deliver Contract | (f) contain sufficient infrastructure to enable you to deliver Contract | ||
Work; and | Work; and | ||
+ | |||
(g) meet any relevant health and safety standards, quality standards, | (g) meet any relevant health and safety standards, quality standards, | ||
service standards together with additional standards set out in this | service standards together with additional standards set out in this | ||
Contract. | Contract. | ||
+ | |||
+ | |||
Storage of confidential information. | Storage of confidential information. | ||
+ | |||
2.45 | 2.45 | ||
Every Office which is used for the storage of confidential information such | Every Office which is used for the storage of confidential information such | ||
Line 750: | Line 879: | ||
Aid Legislation and your professional obligations. | Aid Legislation and your professional obligations. | ||
Shared and serviced Offices | Shared and serviced Offices | ||
+ | |||
2.46 | 2.46 | ||
Where you operate an Office in a shared building such as another legal | Where you operate an Office in a shared building such as another legal | ||
Line 758: | Line 888: | ||
notice on you terminating your Contract; | notice on you terminating your Contract; | ||
Contacting your Office(s) | Contacting your Office(s) | ||
+ | |||
2.47 | 2.47 | ||
During Business Hours Clients or prospective Clients who telephone must | During Business Hours Clients or prospective Clients who telephone must | ||
be able to arrange appointments and other meetings and where | be able to arrange appointments and other meetings and where | ||
appropriate arranging advice in emergency cases. | appropriate arranging advice in emergency cases. | ||
- | February 2017 | + | |
- | 192.48 During non-Business Hours Clients or prospective Clients who telephone | + | 2.48 During non-Business Hours Clients or prospective Clients who telephone |
must be able to access information about opening hours and who to | must be able to access information about opening hours and who to | ||
contact in an emergency. This may be by use of a voice mail message | contact in an emergency. This may be by use of a voice mail message | ||
system. | system. | ||
+ | |||
2.49 You may operate a single or central contact number regardless of the | 2.49 You may operate a single or central contact number regardless of the | ||
number of Offices you maintain. | number of Offices you maintain. | ||
+ | |||
2.50 You may not use premium rate numbers. | 2.50 You may not use premium rate numbers. | ||
+ | |||
2.51 You must be contactable (through a reasonable medium) at any time by | 2.51 You must be contactable (through a reasonable medium) at any time by | ||
the DSCC for the purpose of notification of Own Client matters or receipt of | the DSCC for the purpose of notification of Own Client matters or receipt of | ||
instructions. | instructions. | ||
+ | |||
Excluded Arrangements | Excluded Arrangements | ||
+ | |||
2.52 | 2.52 | ||
The following locations do not constitute an Office for the purposes of this | The following locations do not constitute an Office for the purposes of this | ||
Contract: | Contract: | ||
+ | |||
(a) hotels; | (a) hotels; | ||
+ | |||
(b) vehicles; | (b) vehicles; | ||
+ | |||
(c) residential property; | (c) residential property; | ||
+ | |||
(d) virtual offices or any such similar arrangement whereby all | (d) virtual offices or any such similar arrangement whereby all | ||
communication (written, electronic or by telephone) is referred to | communication (written, electronic or by telephone) is referred to | ||
another location; | another location; | ||
+ | |||
(e) serviced premises, shared premises or similar where you do not have | (e) serviced premises, shared premises or similar where you do not have | ||
exclusive use of a designated space meeting the requirements of | exclusive use of a designated space meeting the requirements of | ||
Paragraph 2.44; or | Paragraph 2.44; or | ||
+ | |||
(f) serviced premises, shared premises or similar which are not staffed | (f) serviced premises, shared premises or similar which are not staffed | ||
by a representative of your organisation (whether employed by you | by a representative of your organisation (whether employed by you | ||
Line 791: | Line 933: | ||
where appropriate arranging advice in emergency cases. | where appropriate arranging advice in emergency cases. | ||
Office Moves | Office Moves | ||
+ | |||
2.53 You must ask for our consent under Clause 13 of the Standard Terms if | 2.53 You must ask for our consent under Clause 13 of the Standard Terms if | ||
you propose to relocate any Office outside the postcode area(s) listed in | you propose to relocate any Office outside the postcode area(s) listed in | ||
your Schedule during the life of this Contract. If we consent, we will update | your Schedule during the life of this Contract. If we consent, we will update | ||
your Schedule to show your new Office address. | your Schedule to show your new Office address. | ||
+ | |||
2.54 If we give our consent: | 2.54 If we give our consent: | ||
+ | |||
(a) we will update your Schedule to show your new Office address; | (a) we will update your Schedule to show your new Office address; | ||
+ | |||
(b) we will remove you from membership of any Duty Schemes you are | (b) we will remove you from membership of any Duty Schemes you are | ||
no longer eligible for by virtue of your new Office address; | no longer eligible for by virtue of your new Office address; | ||
+ | |||
(c) you will only remain eligible for Duty Schemes you joined by virtue of | (c) you will only remain eligible for Duty Schemes you joined by virtue of | ||
your original Office address where your new Office address is also | your original Office address where your new Office address is also | ||
within the geographical ambit of that Scheme; and | within the geographical ambit of that Scheme; and | ||
+ | |||
(d) you will not be eligible to join any additional or new Duty Scheme by | (d) you will not be eligible to join any additional or new Duty Scheme by | ||
virtue of your new Office address. | virtue of your new Office address. | ||
- | February 2017 | + | |
- | 20Referral arrangements | + | Referral arrangements |
2.55 | 2.55 | ||
You must have appropriate arrangements in operation so that you can | You must have appropriate arrangements in operation so that you can | ||
refer a Client or potential Client to another Provider where: | refer a Client or potential Client to another Provider where: | ||
+ | |||
(a) you do not provide the services that the Client requires; | (a) you do not provide the services that the Client requires; | ||
+ | |||
(b) you have so much work that you are unable to provide appropriate | (b) you have so much work that you are unable to provide appropriate | ||
services to a Client within a reasonable time; | services to a Client within a reasonable time; | ||
+ | |||
(c) there is a conflict of interest between two or more Clients or potential | (c) there is a conflict of interest between two or more Clients or potential | ||
Clients wishing to access your services; or | Clients wishing to access your services; or | ||
+ | |||
(d) you are required to make a referral under the professional conduct | (d) you are required to make a referral under the professional conduct | ||
rules of your Relevant Professional Body. | rules of your Relevant Professional Body. | ||
+ | |||
2.56 If you need to refer a Client after you already have an established Client | 2.56 If you need to refer a Client after you already have an established Client | ||
relationship, have undertaken work on a current case or hold case | relationship, have undertaken work on a current case or hold case | ||
Line 1487: | Line 1641: | ||
based Office instructs an Office outside London to act as Agent, the | based Office instructs an Office outside London to act as Agent, the | ||
national rates apply to the Agent’s work. | national rates apply to the Agent’s work. | ||
+ | |||
Time standards | Time standards | ||
+ | |||
5.6 For the purposes of claiming under this Specification, you must calculate | 5.6 For the purposes of claiming under this Specification, you must calculate | ||
the cost of Contract Work in six minute units with numbers of letters | the cost of Contract Work in six minute units with numbers of letters | ||
written and telephone calls made or received calculated by reference to the | written and telephone calls made or received calculated by reference to the | ||
appropriate remuneration rate. | appropriate remuneration rate. | ||
+ | |||
5.7 When your Claims are assessed, the test for the Assessor determining a | 5.7 When your Claims are assessed, the test for the Assessor determining a | ||
Claim is whether the work appears to have been reasonably done and the | Claim is whether the work appears to have been reasonably done and the | ||
time as claimed (excluding time spent on routine letters and calls) is | time as claimed (excluding time spent on routine letters and calls) is | ||
reasonable. | reasonable. | ||
+ | |||
Upper Limits on Claims | Upper Limits on Claims | ||
+ | |||
5.8 You may Claim Contract Work only up to the amount of any Upper Limit | 5.8 You may Claim Contract Work only up to the amount of any Upper Limit | ||
set out in the Criminal Remuneration Regulations. Representation Orders | set out in the Criminal Remuneration Regulations. Representation Orders | ||
Line 1507: | Line 1666: | ||
Paragraphs 5.6 and 5.7 and any relevant provisions in the Costs | Paragraphs 5.6 and 5.7 and any relevant provisions in the Costs | ||
Assessment Manual will be applied on Assessment. | Assessment Manual will be applied on Assessment. | ||
+ | |||
5.9 You will not be paid more than the Upper Limit unless that limit has | 5.9 You will not be paid more than the Upper Limit unless that limit has | ||
previously been extended by us in accordance with the provisions of this | previously been extended by us in accordance with the provisions of this | ||
Specification (or in the case of Associated Civil Work, the provisions of the | Specification (or in the case of Associated Civil Work, the provisions of the | ||
current civil Specification). | current civil Specification). | ||
+ | |||
5.10 An application for authority to exceed the Upper Limit must be made to us | 5.10 An application for authority to exceed the Upper Limit must be made to us | ||
on a form specified by us. | on a form specified by us. | ||
+ | |||
5.11 In order that we can monitor high cost matters you must not exceed the | 5.11 In order that we can monitor high cost matters you must not exceed the | ||
Upper Limit without our authority. The Director may grant or refuse such | Upper Limit without our authority. The Director may grant or refuse such | ||
authority on our behalf. If authority is granted, the Director will set a new | authority on our behalf. If authority is granted, the Director will set a new | ||
- | February 2017 | + | Upper Limit on the Matter, above which payment will not be made unless |
- | 36Upper Limit on the Matter, above which payment will not be made unless | + | |
you have applied for and been granted further authority. | you have applied for and been granted further authority. | ||
+ | |||
5.12 Authority will not be granted by the Director unless the work carried out to | 5.12 Authority will not be granted by the Director unless the work carried out to | ||
date and the further work proposed is reasonable in accordance with the | date and the further work proposed is reasonable in accordance with the | ||
Contract Guide and the Sufficient Benefit Test (where applicable) and any | Contract Guide and the Sufficient Benefit Test (where applicable) and any | ||
other relevant Qualifying Criteria continue to be satisfied. | other relevant Qualifying Criteria continue to be satisfied. | ||
+ | |||
5.13 Extensions cannot be granted retrospectively. When circumstances change | 5.13 Extensions cannot be granted retrospectively. When circumstances change | ||
such that it is necessary to carry out substantively different work from that | such that it is necessary to carry out substantively different work from that | ||
envisaged in the extension granted, a separate extension will need to be | envisaged in the extension granted, a separate extension will need to be | ||
considered. | considered. | ||
+ | |||
5.14 Where the Sufficient Benefit Test applies to a Unit of Work, you must | 5.14 Where the Sufficient Benefit Test applies to a Unit of Work, you must | ||
reapply the Sufficient Benefit Test before any extension is sought in | reapply the Sufficient Benefit Test before any extension is sought in | ||
relation to that Unit of Work. | relation to that Unit of Work. | ||
+ | |||
5.15 If authority is granted to exceed the Upper Limit you may claim at the | 5.15 If authority is granted to exceed the Upper Limit you may claim at the | ||
appropriate payment rate in the Criminal Remuneration Regulations for the | appropriate payment rate in the Criminal Remuneration Regulations for the | ||
Line 1535: | Line 1700: | ||
Benefit Test (where it applies), up to a maximum of the amount authorised | Benefit Test (where it applies), up to a maximum of the amount authorised | ||
by us in the particular Matter or Case. | by us in the particular Matter or Case. | ||
+ | |||
5.16 If we refuse to grant an extension to the Upper Limit, a right of review | 5.16 If we refuse to grant an extension to the Upper Limit, a right of review | ||
arises to an Independent Funding Adjudicator in accordance with Section 3. | arises to an Independent Funding Adjudicator in accordance with Section 3. | ||
+ | |||
5.17 The Upper Limits set by us may vary according to the type of Contract | 5.17 The Upper Limits set by us may vary according to the type of Contract | ||
Work provided by individual Providers. | Work provided by individual Providers. | ||
+ | |||
5.18 The Upper Limits set out in the Criminal Remuneration Regulations are | 5.18 The Upper Limits set out in the Criminal Remuneration Regulations are | ||
inclusive of profit costs, Disbursements and Counsel’s fees properly | inclusive of profit costs, Disbursements and Counsel’s fees properly | ||
incurred by you in connection with the Contract Work, but exclusive of | incurred by you in connection with the Contract Work, but exclusive of | ||
VAT. | VAT. | ||
+ | |||
5.19 You will not be paid under this Contract for any work undertaken in excess | 5.19 You will not be paid under this Contract for any work undertaken in excess | ||
of the upper limit if an extension has not been obtained. Where an | of the upper limit if an extension has not been obtained. Where an | ||
Line 1551: | Line 1720: | ||
justify the unanticipated work as reasonable. This is an issue for | justify the unanticipated work as reasonable. This is an issue for | ||
determination on Assessment. | determination on Assessment. | ||
+ | |||
Monthly Payments | Monthly Payments | ||
- | 5.20 | + | 5.20 Subject to Paragraphs 5.21 and 5.22 we will make Monthly Payments in |
- | Subject to Paragraphs 5.21 and 5.22 we will make Monthly Payments in | + | |
respect of the following Contract Work in accordance with the Monthly | respect of the following Contract Work in accordance with the Monthly | ||
Payment Protocol: | Payment Protocol: | ||
+ | |||
(a) in the Criminal Investigations Class of Work, all Units of Work; | (a) in the Criminal Investigations Class of Work, all Units of Work; | ||
+ | |||
(b) in the Criminal Proceedings Class of Work, all Units of Work including | (b) in the Criminal Proceedings Class of Work, all Units of Work including | ||
Crown Court Representation in Prescribed Proceedings or as specified | Crown Court Representation in Prescribed Proceedings or as specified | ||
in Paragraph 10.132 or 11.62, but excluding Crown Court | in Paragraph 10.132 or 11.62, but excluding Crown Court | ||
Representation where the payment is governed by the Criminal | Representation where the payment is governed by the Criminal | ||
+ | |||
Remuneration Regulations; | Remuneration Regulations; | ||
- | February 2017 | + | |
37(c) in the Appeals and Reviews Class, all Units of Work except for | 37(c) in the Appeals and Reviews Class, all Units of Work except for | ||
Representation under a Representation Order; | Representation under a Representation Order; | ||
Line 1669: | Line 1841: | ||
Contract where a prior authority is refused are set out in Section 8. | Contract where a prior authority is refused are set out in Section 8. | ||
Disbursements | Disbursements | ||
+ | |||
5.37 We may prescribe types of Disbursements, which may or may not be | 5.37 We may prescribe types of Disbursements, which may or may not be | ||
incurred in the provision of Advice and Assistance, Advocacy Assistance or | incurred in the provision of Advice and Assistance, Advocacy Assistance or | ||
Line 1679: | Line 1852: | ||
Criminal Remuneration Regulations the amounts claimed for expert fees | Criminal Remuneration Regulations the amounts claimed for expert fees | ||
should be justified on Assessment by us in the normal way. | should be justified on Assessment by us in the normal way. | ||
+ | |||
5.38 Disbursements may be incurred where it is in the best interests of the | 5.38 Disbursements may be incurred where it is in the best interests of the | ||
Client to do so and it is reasonable for you to incur the Disbursement for | Client to do so and it is reasonable for you to incur the Disbursement for | ||
Line 1684: | Line 1858: | ||
Representation to the Client and the amount of the Disbursement is | Representation to the Client and the amount of the Disbursement is | ||
reasonable. | reasonable. | ||
+ | |||
5.39 The rules relating to payment and claims of Disbursements in the Prison | 5.39 The rules relating to payment and claims of Disbursements in the Prison | ||
Law Class are set out in Section 12 and override this part of the | Law Class are set out in Section 12 and override this part of the | ||
Specification. | Specification. | ||
+ | |||
5.40 Disbursements will form part of your Claims. We will monitor your use of | 5.40 Disbursements will form part of your Claims. We will monitor your use of | ||
Disbursements via Audit and Assessment and may seek explanations and | Disbursements via Audit and Assessment and may seek explanations and | ||
Line 1694: | Line 1870: | ||
You must produce a receipted invoice or voucher in support of any | You must produce a receipted invoice or voucher in support of any | ||
Disbursement claimed. | Disbursement claimed. | ||
+ | |||
5.41 A non-exhaustive list of Disbursements, which may or may not be incurred | 5.41 A non-exhaustive list of Disbursements, which may or may not be incurred | ||
in the provision of Advice and Assistance (including Advocacy Assistance) | in the provision of Advice and Assistance (including Advocacy Assistance) | ||
Line 1700: | Line 1877: | ||
reasonable to do so for the purposes of providing Advice and Assistance in | reasonable to do so for the purposes of providing Advice and Assistance in | ||
relation to that Matter and if the amount is reasonable. | relation to that Matter and if the amount is reasonable. | ||
+ | |||
February 2017 | February 2017 | ||
40Section A | 40Section A | ||
+ | |||
Disbursements which may be incurred | Disbursements which may be incurred | ||
+ | |||
Birth and other certificates | Birth and other certificates | ||
+ | |||
Counsel’s fees | Counsel’s fees | ||
+ | |||
Enquiry Agents’ and interpreters’ fees | Enquiry Agents’ and interpreters’ fees | ||
+ | |||
Experts’ fees including medical reports | Experts’ fees including medical reports | ||
+ | |||
Fees recoverable on oaths | Fees recoverable on oaths | ||
+ | |||
Newspaper advertisements | Newspaper advertisements | ||
+ | |||
Photographers’ accounts | Photographers’ accounts | ||
+ | |||
Provider’s travelling expenses | Provider’s travelling expenses | ||
+ | |||
Section B | Section B | ||
+ | |||
Disbursements which may not be incurred | Disbursements which may not be incurred | ||
+ | |||
Clients’ travelling and accommodation expenses | Clients’ travelling and accommodation expenses | ||
+ | |||
Court fees unless for a search/photocopies | Court fees unless for a search/photocopies | ||
+ | |||
Accommodation/hotel expenses incurred by Duty Solicitors | Accommodation/hotel expenses incurred by Duty Solicitors | ||
+ | |||
Any separate administration fee charged by an expert, where | Any separate administration fee charged by an expert, where | ||
‘administration fee’ includes but is not limited to a fee in respect of | ‘administration fee’ includes but is not limited to a fee in respect of | ||
offices and consultation rooms, administrative support including typing | offices and consultation rooms, administrative support including typing | ||
services, subsistence and couriers | services, subsistence and couriers | ||
+ | |||
A cancellation fee charged by an expert where the notice of cancellation | A cancellation fee charged by an expert where the notice of cancellation | ||
was given to the expert more than 72 hours before the relevant hearing | was given to the expert more than 72 hours before the relevant hearing | ||
or appointment | or appointment | ||
+ | |||
5.42 If you are considering incurring a Disbursement which appears in neither | 5.42 If you are considering incurring a Disbursement which appears in neither | ||
table then you must consider whether the Disbursement is recoverable or | table then you must consider whether the Disbursement is recoverable or | ||
not by reference to its purpose. | not by reference to its purpose. | ||
+ | |||
5.43 The cost of the provision of legal advice by a person who is neither a | 5.43 The cost of the provision of legal advice by a person who is neither a | ||
lawyer nor supervised by a lawyer must not be treated as a Disbursement. | lawyer nor supervised by a lawyer must not be treated as a Disbursement. | ||
The assistance of a non-lawyer can be sought but you must absorb this as | The assistance of a non-lawyer can be sought but you must absorb this as | ||
an overhead rather than charge it as a Disbursement. | an overhead rather than charge it as a Disbursement. | ||
+ | |||
5.44 Except where Police Station Advice and Assistance is provided, an Agent | 5.44 Except where Police Station Advice and Assistance is provided, an Agent | ||
cannot be employed to provide Advice and Assistance either as a | cannot be employed to provide Advice and Assistance either as a | ||
Line 1738: | Line 1935: | ||
used where Advocacy Assistance is provided (excluding court Duty Solicitor | used where Advocacy Assistance is provided (excluding court Duty Solicitor | ||
work). | work). | ||
+ | |||
5.45 In deciding whether the amount sought is reasonable regard must be had | 5.45 In deciding whether the amount sought is reasonable regard must be had | ||
to all the circumstances including the purpose of the Disbursement in the | to all the circumstances including the purpose of the Disbursement in the | ||
Line 1745: | Line 1943: | ||
providers and whether all elements of the service are justified in the | providers and whether all elements of the service are justified in the | ||
particular case and at the particular time. | particular case and at the particular time. | ||
+ | |||
5.46 Where the opinion of Counsel or another expert is required on a question | 5.46 Where the opinion of Counsel or another expert is required on a question | ||
of foreign law, this cannot be covered by Advice and Assistance. In | of foreign law, this cannot be covered by Advice and Assistance. In | ||
appropriate cases, an application for Legal Representation should be made. | appropriate cases, an application for Legal Representation should be made. | ||
Witness expenses | Witness expenses | ||
- | 5.47 | + | |
- | Payment to a witness attending court to give evidence in Criminal | + | 5.47 Payment to a witness attending court to give evidence in Criminal |
Proceedings cannot be claimed under this Contract, unless there is a | Proceedings cannot be claimed under this Contract, unless there is a | ||
- | February 2017 | + | direction from the court that the witness expenses may not be claimed |
- | 41direction from the court that the witness expenses may not be claimed | + | |
from central funds and they are not recoverable from any other source. If | from central funds and they are not recoverable from any other source. If | ||
the court does so direct, you must still satisfy us that the expense was | the court does so direct, you must still satisfy us that the expense was | ||
reasonably incurred. | reasonably incurred. | ||
+ | |||
Mileage rate | Mileage rate | ||
- | 5.48 | + | 5.48 Where you are permitted to claim travel costs under this Specification, the |
- | Where you are permitted to claim travel costs under this Specification, the | + | |
mileage rate is 45p per mile. | mileage rate is 45p per mile. | ||
Mileage and travel time for experts | Mileage and travel time for experts | ||
- | 5.49 | + | |
- | Where you instruct an expert, we will not pay in excess of: | + | 5.49 Where you instruct an expert, we will not pay in excess of: |
(a) 45p per mile travelling costs; or | (a) 45p per mile travelling costs; or | ||
(b) £40 per hour travelling time. | (b) £40 per hour travelling time. | ||
In-house advocates - remuneration | In-house advocates - remuneration | ||
+ | |||
5.50 Where an in-house advocate undertakes advocacy in the higher courts, | 5.50 Where an in-house advocate undertakes advocacy in the higher courts, | ||
their costs must be claimed under the appropriate remuneration scheme as | their costs must be claimed under the appropriate remuneration scheme as | ||
provided for under Legal Aid Legislation. | provided for under Legal Aid Legislation. | ||
+ | |||
5.51 Where an in-house advocate is used to provide an opinion pursuant to | 5.51 Where an in-house advocate is used to provide an opinion pursuant to | ||
Paragraphs 4.16 to 4.18, their charges must be: | Paragraphs 4.16 to 4.18, their charges must be: | ||
Line 1775: | Line 1975: | ||
(b) claimed at the rates the instructed in-house advocate is entitled to | (b) claimed at the rates the instructed in-house advocate is entitled to | ||
charge and not the rate the instructing Solicitor is entitled to charge. | charge and not the rate the instructing Solicitor is entitled to charge. | ||
+ | |||
5.52 Where an in-house advocate undertakes advocacy in the magistrates’ court | 5.52 Where an in-house advocate undertakes advocacy in the magistrates’ court | ||
their charges must be included in your Claim as profit costs. Where the in- | their charges must be included in your Claim as profit costs. Where the in- | ||
house advocate is employed by another Provider this will be as a Solicitor | house advocate is employed by another Provider this will be as a Solicitor | ||
agent subject to the exception in Paragraph 5.53. | agent subject to the exception in Paragraph 5.53. | ||
+ | |||
5.53 Where a Representation Order includes instruction of Assigned Counsel and | 5.53 Where a Representation Order includes instruction of Assigned Counsel and | ||
an in-house solicitor advocate is instructed they may claim advocacy and | an in-house solicitor advocate is instructed they may claim advocacy and | ||
Line 1786: | Line 1988: | ||
applicable to Counsel. | applicable to Counsel. | ||
Non-chargeable work | Non-chargeable work | ||
+ | |||
5.54 Save as otherwise provided by this Specification, payment will not be made | 5.54 Save as otherwise provided by this Specification, payment will not be made | ||
under it for the time you spend on purely administrative matters. | under it for the time you spend on purely administrative matters. | ||
+ | |||
5.55 You will only be paid under this Contract for work directly involved in the | 5.55 You will only be paid under this Contract for work directly involved in the | ||
provision of legal services to the Client. Thus you will not be paid for time | provision of legal services to the Client. Thus you will not be paid for time | ||
Line 1794: | Line 1998: | ||
completing the Claim for costs. You may charge for work done in the | completing the Claim for costs. You may charge for work done in the | ||
exercise of Delegated Functions and recording of such exercise. | exercise of Delegated Functions and recording of such exercise. | ||
+ | |||
5.56 Unless the case involves a novel, developing, unusual or difficult point of | 5.56 Unless the case involves a novel, developing, unusual or difficult point of | ||
law, justifying either legal research by you or the obtaining of an opinion | law, justifying either legal research by you or the obtaining of an opinion | ||
- | February 2017 | + | from Counsel or an in-house advocate, time spent on legal research will |
- | 42from Counsel or an in-house advocate, time spent on legal research will | + | |
not normally be paid for as Contract Work. | not normally be paid for as Contract Work. | ||
Standards of Contract Work | Standards of Contract Work | ||
+ | |||
5.57 Contract Work must be undertaken by a competent and experienced | 5.57 Contract Work must be undertaken by a competent and experienced | ||
adviser in accordance with this Contract. Any Contract Work which is not | adviser in accordance with this Contract. Any Contract Work which is not | ||
appropriate for you to do must be referred by you to another Provider in | appropriate for you to do must be referred by you to another Provider in | ||
accordance with this Specification. | accordance with this Specification. | ||
+ | |||
5.58 Paragraphs 5.56 and 5.57 do not prevent you from undertaking reasonable | 5.58 Paragraphs 5.56 and 5.57 do not prevent you from undertaking reasonable | ||
checks of the current law in the normal course of Contract Work and does | checks of the current law in the normal course of Contract Work and does | ||
not prevent payment for the application of the law to the facts of the case, | not prevent payment for the application of the law to the facts of the case, | ||
provided that the time spent is reasonable. | provided that the time spent is reasonable. | ||
+ | |||
5.59 Where additional work has been undertaken as a result of your error or | 5.59 Where additional work has been undertaken as a result of your error or | ||
omission, resulting in additional costs being incurred unnecessarily, you | omission, resulting in additional costs being incurred unnecessarily, you | ||
must not Claim payment under this Specification. | must not Claim payment under this Specification. | ||
- | February 2017 | + | |
436. | 436. | ||
Duty Solicitor Provisions | Duty Solicitor Provisions | ||
Overview | Overview | ||
+ | |||
6.1 The obligation to undertake work on Duty Schemes is yours and not that of | 6.1 The obligation to undertake work on Duty Schemes is yours and not that of | ||
the individual Duty Solicitor(s) Engaged by you. | the individual Duty Solicitor(s) Engaged by you. | ||
+ | |||
6.2 Your Schedule will list the Duty Schemes on which you may undertake | 6.2 Your Schedule will list the Duty Schemes on which you may undertake | ||
Duty Solicitor work. Subject to Paragraph 6.32, to maintain Duty Scheme | Duty Solicitor work. Subject to Paragraph 6.32, to maintain Duty Scheme | ||
Line 1824: | Line 2033: | ||
cease to meet this requirement we will ordinarily remove your Duty | cease to meet this requirement we will ordinarily remove your Duty | ||
Scheme membership from any affected Scheme. | Scheme membership from any affected Scheme. | ||
+ | |||
6.3 You cannot apply to join any Duty Schemes during the Contract Period | 6.3 You cannot apply to join any Duty Schemes during the Contract Period | ||
unless we invite you to apply. Invitations will only be issued where there is | unless we invite you to apply. Invitations will only be issued where there is | ||
a reduction in Scheme membership necessitating such an invitation or as a | a reduction in Scheme membership necessitating such an invitation or as a | ||
result of amendment to Scheme boundaries in accordance with Paragraph | result of amendment to Scheme boundaries in accordance with Paragraph | ||
+ | |||
6.60. | 6.60. | ||
+ | |||
6.4 The geographical location of your Office(s) determines which Scheme(s) | 6.4 The geographical location of your Office(s) determines which Scheme(s) | ||
you are eligible to be a member of. The Duty Solicitor Postcode Tool on our | you are eligible to be a member of. The Duty Solicitor Postcode Tool on our | ||
Line 1834: | Line 2046: | ||
postcodes so that you can determine which Scheme(s) you are eligible for | postcodes so that you can determine which Scheme(s) you are eligible for | ||
by virtue of each Office. | by virtue of each Office. | ||
+ | |||
6.5 The number of Duty Solicitors Engaged by you determines the number of | 6.5 The number of Duty Solicitors Engaged by you determines the number of | ||
Duty Slots which are allocated to you on relevant Schemes. The number | Duty Slots which are allocated to you on relevant Schemes. The number | ||
Line 1840: | Line 2053: | ||
have also joined and whose Duty Solicitors have applied to do Duty | have also joined and whose Duty Solicitors have applied to do Duty | ||
Solicitor work. | Solicitor work. | ||
+ | |||
6.6 Your Duty Solicitors may only apply for membership of Schemes from a | 6.6 Your Duty Solicitors may only apply for membership of Schemes from a | ||
single Office. | single Office. | ||
+ | |||
6.7 If you are a member of a Scheme, your Duty Solicitors are entitled to | 6.7 If you are a member of a Scheme, your Duty Solicitors are entitled to | ||
undertake Back-up work from the DSCC on that Scheme and also, if | undertake Back-up work from the DSCC on that Scheme and also, if | ||
required, on neighbouring Schemes on which they may not be a member. | required, on neighbouring Schemes on which they may not be a member. | ||
+ | |||
6.8 If you wish to withdraw voluntarily from a Scheme (and have your | 6.8 If you wish to withdraw voluntarily from a Scheme (and have your | ||
Schedule amended accordingly) you must notify us in accordance with | Schedule amended accordingly) you must notify us in accordance with | ||
Clause 21.9 of the Standard Terms and you must give us at least three | Clause 21.9 of the Standard Terms and you must give us at least three | ||
months’ written notice. | months’ written notice. | ||
+ | |||
6.9 You must ensure that all Duty Slots allocated to you (in respect of both | 6.9 You must ensure that all Duty Slots allocated to you (in respect of both | ||
Police Station and magistrates’ court work) are covered by you. If you are | Police Station and magistrates’ court work) are covered by you. If you are | ||
unable to meet this obligation, you must notify us that you no longer | unable to meet this obligation, you must notify us that you no longer | ||
require the Slot so that we may reallocate it to another Provider. | require the Slot so that we may reallocate it to another Provider. | ||
+ | |||
6.10 We will use Back-up to deploy Duty Solicitors from neighbouring Schemes | 6.10 We will use Back-up to deploy Duty Solicitors from neighbouring Schemes | ||
if membership of a particular Scheme becomes so reduced during the | if membership of a particular Scheme becomes so reduced during the | ||
Line 1859: | Line 2077: | ||
where we will consider increasing the postcode area to increase Scheme | where we will consider increasing the postcode area to increase Scheme | ||
membership. | membership. | ||
+ | |||
Police Station Duty Scheme membership: London CJS Area | Police Station Duty Scheme membership: London CJS Area | ||
February 2017 | February 2017 | ||
+ | |||
446.11 Duty Solicitors undertaking Duty Solicitor work from an Office in the | 446.11 Duty Solicitors undertaking Duty Solicitor work from an Office in the | ||
London CJS Area must join the Duty Scheme (as set out in the Duty | London CJS Area must join the Duty Scheme (as set out in the Duty | ||
Solicitor Postcode Tool) related to the London Borough in which that Office | Solicitor Postcode Tool) related to the London Borough in which that Office | ||
is situated. | is situated. | ||
+ | |||
6.12 A Duty Solicitor may also apply to join the additional Duty Scheme(s) | 6.12 A Duty Solicitor may also apply to join the additional Duty Scheme(s) | ||
linked (as set out in the Duty Solicitor Postcode Tool) to the London | linked (as set out in the Duty Solicitor Postcode Tool) to the London | ||
Borough in which the relevant Office is situated. | Borough in which the relevant Office is situated. | ||
Magistrates’ court Duty Scheme Membership; London CJS Area | Magistrates’ court Duty Scheme Membership; London CJS Area | ||
+ | |||
6.13 Duty Solicitors undertaking magistrates’ court Duty Solicitor work from an | 6.13 Duty Solicitors undertaking magistrates’ court Duty Solicitor work from an | ||
Office in the London CJS Area must join the Duty Scheme (as set out in the | Office in the London CJS Area must join the Duty Scheme (as set out in the | ||
Duty Solicitor Postcode Tool) related to the London Borough in which that | Duty Solicitor Postcode Tool) related to the London Borough in which that | ||
Office is situated. | Office is situated. | ||
+ | |||
6.14 A Duty Solicitor may also apply to join a maximum of one additional | 6.14 A Duty Solicitor may also apply to join a maximum of one additional | ||
magistrates’ court Duty Scheme linked (as set out in the Duty Solicitor | magistrates’ court Duty Scheme linked (as set out in the Duty Solicitor | ||
Line 1878: | Line 2101: | ||
situated and any associated youth court Duty Schemes. | situated and any associated youth court Duty Schemes. | ||
Competence Requirements for becoming a Duty Solicitor | Competence Requirements for becoming a Duty Solicitor | ||
+ | |||
6.15 You must ensure that your Duty Solicitors are competent and suitably | 6.15 You must ensure that your Duty Solicitors are competent and suitably | ||
qualified in accordance with the provisions of this Contract to undertake | qualified in accordance with the provisions of this Contract to undertake | ||
Duty Solicitor work and you must maintain a Record of the evidence of | Duty Solicitor work and you must maintain a Record of the evidence of | ||
compliance with the requirements needed to maintain Duty Solicitor status. | compliance with the requirements needed to maintain Duty Solicitor status. | ||
+ | |||
6.16 We will verify that your Duty Solicitors are competent to undertake Duty | 6.16 We will verify that your Duty Solicitors are competent to undertake Duty | ||
Solicitor work by checking their Accreditation (when we consider it is | Solicitor work by checking their Accreditation (when we consider it is | ||
appropriate to do so). | appropriate to do so). | ||
+ | |||
6.17 You must notify us, using form CRM12, of the Office from which your Duty | 6.17 You must notify us, using form CRM12, of the Office from which your Duty | ||
Solicitor(s) work. You may only notify us of one such Office for each Duty | Solicitor(s) work. You may only notify us of one such Office for each Duty | ||
Line 1890: | Line 2116: | ||
Agent or a locum by another Provider or undertaking Contract Work for | Agent or a locum by another Provider or undertaking Contract Work for | ||
you from any other Offices you may have. | you from any other Offices you may have. | ||
+ | |||
6.18 Your Duty Solicitors must serve on the Police Station and the magistrates’ | 6.18 Your Duty Solicitors must serve on the Police Station and the magistrates’ | ||
court Schemes, for which you are a member. | court Schemes, for which you are a member. | ||
+ | |||
6.19 Your Duty Solicitors must also serve on Virtual Court Duty Schemes for | 6.19 Your Duty Solicitors must also serve on Virtual Court Duty Schemes for | ||
which you are a member. | which you are a member. | ||
+ | |||
6.20 Your Duty Solicitors (and any Accredited Representatives used by your | 6.20 Your Duty Solicitors (and any Accredited Representatives used by your | ||
Duty Solicitors) must not be special constables. | Duty Solicitors) must not be special constables. | ||
Employment status of Duty Solicitors Engaged by you | Employment status of Duty Solicitors Engaged by you | ||
- | 6.21 | + | |
- | Duty Solicitors may be either your employees or self-employed persons or | + | 6.21 Duty Solicitors may be either your employees or self-employed persons or |
seconded from another organisation etc, however, they must in all cases | seconded from another organisation etc, however, they must in all cases | ||
be Engaged by you and comply with the requirements of Paragraphs 6.22 | be Engaged by you and comply with the requirements of Paragraphs 6.22 | ||
to 6.25. | to 6.25. | ||
+ | |||
Engagement of Duty Solicitors and continued entitlement to retain Duty | Engagement of Duty Solicitors and continued entitlement to retain Duty | ||
Slots and deploy Duty Solicitors | Slots and deploy Duty Solicitors | ||
February 2017 | February 2017 | ||
+ | |||
456.22 | 456.22 | ||
Your entitlement to deploy Duty Solicitors to undertake Duty Solicitor work | Your entitlement to deploy Duty Solicitors to undertake Duty Solicitor work | ||
Line 1935: | Line 2166: | ||
attendances (excluding telephone advice) on no less than four Duty | attendances (excluding telephone advice) on no less than four Duty | ||
Slots allocated by us in that Duty Solicitor’s name. | Slots allocated by us in that Duty Solicitor’s name. | ||
+ | |||
6.23 Subject to Paragraph 6.24, all Duty Solicitors you use to obtain Duty Slots | 6.23 Subject to Paragraph 6.24, all Duty Solicitors you use to obtain Duty Slots | ||
must undertake a minimum of 14 hours’ Contract Work for you per week | must undertake a minimum of 14 hours’ Contract Work for you per week | ||
from the Office for which those Duty Slots have been obtained. | from the Office for which those Duty Slots have been obtained. | ||
+ | |||
6.24 The 14 hours’ requirement in Paragraph 6.23 will be measured on a rolling | 6.24 The 14 hours’ requirement in Paragraph 6.23 will be measured on a rolling | ||
monthly basis to accommodate different working patterns. | monthly basis to accommodate different working patterns. | ||
+ | |||
6.25 You may retain Duty Slots allocated in respect of Duty Solicitors where the | 6.25 You may retain Duty Slots allocated in respect of Duty Solicitors where the | ||
named Duty Solicitor is: | named Duty Solicitor is: | ||
+ | |||
6.26 | 6.26 | ||
(a) absent as a result of a period of maternity or paternity leave up to a | (a) absent as a result of a period of maternity or paternity leave up to a | ||
Line 1998: | Line 2233: | ||
allocated in respect of that Duty Solicitor at the conclusion of that specified | allocated in respect of that Duty Solicitor at the conclusion of that specified | ||
period in accordance with Paragraphs 6.47 to 6.49. | period in accordance with Paragraphs 6.47 to 6.49. | ||
- | February 2017 | + | |
- | 476.34 | + | 6.34 |
Where we receive notification of any of the events specified in Paragraphs | Where we receive notification of any of the events specified in Paragraphs | ||
6.29(d), (e) and (f) we will decide whether that Duty Solicitor should be | 6.29(d), (e) and (f) we will decide whether that Duty Solicitor should be | ||
excluded or suspended from acting as a Duty Solicitor. | excluded or suspended from acting as a Duty Solicitor. | ||
Duty Solicitors joining your organisation | Duty Solicitors joining your organisation | ||
+ | |||
6.35 If you wish to add new Duty Solicitors to Schemes you are a member of | 6.35 If you wish to add new Duty Solicitors to Schemes you are a member of | ||
you must apply for them to undertake Duty Solicitor work by completing a | you must apply for them to undertake Duty Solicitor work by completing a | ||
Line 2011: | Line 2247: | ||
and will result in you being allocated Duty Slots on that Scheme when | and will result in you being allocated Duty Slots on that Scheme when | ||
Rotas are next issued. | Rotas are next issued. | ||
+ | |||
6.36 New Duty Solicitors who are Engaged by you and for whom you submit a | 6.36 New Duty Solicitors who are Engaged by you and for whom you submit a | ||
CRM12 form may undertake Back-up work and cover Duty Slots already | CRM12 form may undertake Back-up work and cover Duty Slots already | ||
Line 2017: | Line 2254: | ||
added to the list of Panel members (if the Scheme is a Panel Scheme) only | added to the list of Panel members (if the Scheme is a Panel Scheme) only | ||
once you have received confirmation we have approved their application. | once you have received confirmation we have approved their application. | ||
+ | |||
6.37 You may not submit a CRM12 form or seek to obtain Duty Slots in respect | 6.37 You may not submit a CRM12 form or seek to obtain Duty Slots in respect | ||
of Duty Solicitors who: | of Duty Solicitors who: | ||
+ | |||
(a) will not be Engaged by you during the Rota period or who do not | (a) will not be Engaged by you during the Rota period or who do not | ||
meet the competence requirements in Paragraphs 6.15 to 6.20; or | meet the competence requirements in Paragraphs 6.15 to 6.20; or | ||
+ | |||
(b) are not habitually resident in England and Wales unless you have | (b) are not habitually resident in England and Wales unless you have | ||
received our express written approval to submit a CRM12 form; or | received our express written approval to submit a CRM12 form; or | ||
+ | |||
(c) notwithstanding any other | (c) notwithstanding any other | ||
payment for the use of their | payment for the use of their | ||
Line 2028: | Line 2269: | ||
your organisation and used | your organisation and used | ||
are commonly referred to as | are commonly referred to as | ||
+ | |||
(d) are temporary staff engaged to cover periods of maternity or | (d) are temporary staff engaged to cover periods of maternity or | ||
paternity leave of a Duty Solicitor of up to 12 months (because you | paternity leave of a Duty Solicitor of up to 12 months (because you | ||
will have access to Slots allocated in respect of that Duty Solicitor on | will have access to Slots allocated in respect of that Duty Solicitor on | ||
maternity or paternity leave); or | maternity or paternity leave); or | ||
+ | |||
(e) are temporary staff engaged to cover periods of sick leave of a Duty | (e) are temporary staff engaged to cover periods of sick leave of a Duty | ||
Solicitor you have used to obtain Duty Slots whilst you have the | Solicitor you have used to obtain Duty Slots whilst you have the | ||
Line 2044: | Line 2287: | ||
result of such a breach and payments made as a result shall be an | result of such a breach and payments made as a result shall be an | ||
“overpayment or mispayment” as defined in Clause 14. | “overpayment or mispayment” as defined in Clause 14. | ||
+ | |||
6.38 You must not submit a CRM12 for a Duty Solicitor during any period of his | 6.38 You must not submit a CRM12 for a Duty Solicitor during any period of his | ||
or her suspension or exclusion from Duty Scheme work. | or her suspension or exclusion from Duty Scheme work. | ||
+ | |||
6.39 Where a Duty Solicitor: | 6.39 Where a Duty Solicitor: | ||
(a) | (a) | ||
- | February 2017 | ||
is under investigation, faces an outstanding criminal charge or has | is under investigation, faces an outstanding criminal charge or has | ||
been convicted of a criminal offence which is not treated as spent | been convicted of a criminal offence which is not treated as spent | ||
under the Rehabilitation of Offenders Act 1974; or | under the Rehabilitation of Offenders Act 1974; or | ||
+ | |||
48(b) | 48(b) | ||
has been the subject of any adverse findings by the Adjudication | has been the subject of any adverse findings by the Adjudication | ||
Line 2059: | Line 2304: | ||
we may refuse the CRM12 for that Duty Solicitor, provided that we give | we may refuse the CRM12 for that Duty Solicitor, provided that we give | ||
you and the Duty Solicitor written reasons for our decision. | you and the Duty Solicitor written reasons for our decision. | ||
+ | |||
Approval of applications | Approval of applications | ||
+ | |||
6.40 | 6.40 | ||
Where we approve a CRM12, we will notify you and the Duty Solicitor | Where we approve a CRM12, we will notify you and the Duty Solicitor | ||
within 30 days of the date of receipt of the application. | within 30 days of the date of receipt of the application. | ||
Refusal of applications | Refusal of applications | ||
+ | |||
6.41 If we do not approve a CRM12 we will notify you and provide a statement | 6.41 If we do not approve a CRM12 we will notify you and provide a statement | ||
of reasons for the decision within 30 days of receipt of the application. If | of reasons for the decision within 30 days of receipt of the application. If | ||
Line 2069: | Line 2317: | ||
have that decision reviewed under the provisions of Clause 27 of the | have that decision reviewed under the provisions of Clause 27 of the | ||
Standard Terms. | Standard Terms. | ||
+ | |||
6.42 A refusal of an application under Paragraph 6.41 will be on the basis that | 6.42 A refusal of an application under Paragraph 6.41 will be on the basis that | ||
we do not have adequate evidence that the Duty Solicitor who is the | we do not have adequate evidence that the Duty Solicitor who is the | ||
Line 3391: | Line 3640: | ||
Assistance (Own Solicitor) | Assistance (Own Solicitor) | ||
Scope | Scope | ||
+ | |||
9.113 | 9.113 | ||
You may provide Free Standing Advice and Assistance under this Unit of | You may provide Free Standing Advice and Assistance under this Unit of | ||
Line 3397: | Line 3647: | ||
work undertaken under this Unit of Work and operates as a Costs | work undertaken under this Unit of Work and operates as a Costs | ||
Limitation. | Limitation. | ||
+ | |||
Qualifying Criteria | Qualifying Criteria | ||
+ | |||
9.114 The Sufficient Benefit Test set out in Section 3 must be satisfied in order to | 9.114 The Sufficient Benefit Test set out in Section 3 must be satisfied in order to | ||
provide Free Standing Advice and Assistance. | provide Free Standing Advice and Assistance. | ||
+ | |||
9.115 Regulations impose a Financial Eligibility Test which must be satisfied in | 9.115 Regulations impose a Financial Eligibility Test which must be satisfied in | ||
order to provide Free Standing Advice and Assistance. Documentary | order to provide Free Standing Advice and Assistance. Documentary | ||
evidence as to the Client’s means must be kept on your file. | evidence as to the Client’s means must be kept on your file. | ||
Witnesses | Witnesses | ||
+ | |||
9.116 | 9.116 | ||
You may only provide Advice and Assistance to a witness if there is a | You may only provide Advice and Assistance to a witness if there is a | ||
complicating factor (as specified in the Contract Guide). | complicating factor (as specified in the Contract Guide). | ||
Complaints of maltreatment by the Police | Complaints of maltreatment by the Police | ||
+ | |||
9.117 These complaints must be dealt with as part of the general advice on the | 9.117 These complaints must be dealt with as part of the general advice on the | ||
overall case. The only time a separate application for Advice and | overall case. The only time a separate application for Advice and | ||
Line 3413: | Line 3668: | ||
serious and proper issue which cannot be dealt with within the context of | serious and proper issue which cannot be dealt with within the context of | ||
the general criminal advice being given. | the general criminal advice being given. | ||
+ | |||
9.118 These cases must not be confused with claims against the police in relation | 9.118 These cases must not be confused with claims against the police in relation | ||
to wrongful arrest, false imprisonment or malicious prosecution for which | to wrongful arrest, false imprisonment or malicious prosecution for which | ||
an application for a determination for Associated Civil Work must be made | an application for a determination for Associated Civil Work must be made | ||
to us. | to us. | ||
+ | |||
Case Starts and Ends | Case Starts and Ends | ||
Application procedures | Application procedures | ||
+ | |||
9.119 | 9.119 | ||
The CRM1 and CRM2 application forms must be completed in accordance | The CRM1 and CRM2 application forms must be completed in accordance | ||
with Section 4. | with Section 4. | ||
+ | |||
Postal applications | Postal applications | ||
+ | |||
9.120 | 9.120 | ||
You may only exercise the Delegated Function to accept an application for | You may only exercise the Delegated Function to accept an application for | ||
Advice and Assistance by post from a Client where there is good reason to | Advice and Assistance by post from a Client where there is good reason to | ||
do so. You must note the good reason on your file. | do so. You must note the good reason on your file. | ||
+ | |||
Telephone advice | Telephone advice | ||
+ | |||
9.121 | 9.121 | ||
You may Claim payment for advice given to a Client over the telephone | You may Claim payment for advice given to a Client over the telephone | ||
before that Client has signed the application form only where: | before that Client has signed the application form only where: | ||
- | (a) | + | |
- | February 2017 | + | (a) the Client cannot for good reason attend your Office; and |
- | the Client cannot for good reason attend your Office; and | + | |
- | 78(b) the Client meets the Qualifying Criteria for the provision of Advice | + | (b) the Client meets the Qualifying Criteria for the provision of Advice |
and Assistance (including the Financial Eligibility Test); and | and Assistance (including the Financial Eligibility Test); and | ||
+ | |||
(c) the Client has subsequently signed the application form. | (c) the Client has subsequently signed the application form. | ||
+ | |||
Outward Travel | Outward Travel | ||
+ | |||
9.122 | 9.122 | ||
You may Claim for the mileage or actual cost of public transport for travel | You may Claim for the mileage or actual cost of public transport for travel | ||
but not travelling time, except as allowed below to visit a Client away from | but not travelling time, except as allowed below to visit a Client away from | ||
your Office before the application form is signed, where: | your Office before the application form is signed, where: | ||
+ | |||
(a) the visit is justified for good reason (and you note that good reason | (a) the visit is justified for good reason (and you note that good reason | ||
on your file); and | on your file); and | ||
+ | |||
(b) the Client meets the Qualifying Criteria for this Unit of Work and has | (b) the Client meets the Qualifying Criteria for this Unit of Work and has | ||
subsequently signed the application form. | subsequently signed the application form. | ||
+ | |||
9.123 Where you are visiting the Client in detention, prison or hospital then you | 9.123 Where you are visiting the Client in detention, prison or hospital then you | ||
may also claim the travelling time at the appropriate rate. The provisions | may also claim the travelling time at the appropriate rate. The provisions | ||
of Paragraphs 9.122(a) and (b) above will need to be satisfied before any | of Paragraphs 9.122(a) and (b) above will need to be satisfied before any | ||
Claim is made. | Claim is made. | ||
+ | |||
9.124 Costs must be reasonably incurred taking account of all the circumstances | 9.124 Costs must be reasonably incurred taking account of all the circumstances | ||
including, for example, the distances involved as against the availability of | including, for example, the distances involved as against the availability of | ||
Line 3455: | Line 3724: | ||
attend on the Client at all, bearing in mind that telephone advice can be | attend on the Client at all, bearing in mind that telephone advice can be | ||
given and applications accepted by post. | given and applications accepted by post. | ||
+ | |||
Previous Advice and Assistance | Previous Advice and Assistance | ||
+ | |||
9.125 | 9.125 | ||
You may not make a Claim for Advice and Assistance given to a Client who | You may not make a Claim for Advice and Assistance given to a Client who | ||
has received Advice and Assistance for the same Matter from another | has received Advice and Assistance for the same Matter from another | ||
Provider within the six months preceding the application, except where: | Provider within the six months preceding the application, except where: | ||
+ | |||
(a) there is a gap in time and circumstances have changed materially | (a) there is a gap in time and circumstances have changed materially | ||
between the first and second occasions when the Advice and | between the first and second occasions when the Advice and | ||
Assistance was sought, for example, a Client has been charged or | Assistance was sought, for example, a Client has been charged or | ||
convicted in the intervening period; or | convicted in the intervening period; or | ||
+ | |||
(b) the Client has reasonable cause to transfer from the first Provider | (b) the Client has reasonable cause to transfer from the first Provider | ||
e.g. conflict of interest; or | e.g. conflict of interest; or | ||
+ | |||
(c) the first Provider has confirmed to you that he or she will be making | (c) the first Provider has confirmed to you that he or she will be making | ||
no Claim for payment for the Advice and Assistance; or | no Claim for payment for the Advice and Assistance; or | ||
+ | |||
(d) Advice and Assistance was originally given at a Police Station. | (d) Advice and Assistance was originally given at a Police Station. | ||
When providing Advice and Assistance in the circumstances set out in this | When providing Advice and Assistance in the circumstances set out in this | ||
Paragraph you must record the justification for doing so on the file. For the | Paragraph you must record the justification for doing so on the file. For the | ||
avoidance of doubt, this is a Delegated Function. | avoidance of doubt, this is a Delegated Function. | ||
+ | |||
9.126 | 9.126 | ||
If a Client changes Designated Fee Earner within the same organisation or | If a Client changes Designated Fee Earner within the same organisation or | ||
Line 3480: | Line 3756: | ||
Assistance in addition to the first Provider. However, if the Client instructs | Assistance in addition to the first Provider. However, if the Client instructs | ||
another Provider and the same Solicitor does not continue to provide | another Provider and the same Solicitor does not continue to provide | ||
- | February 2017 | + | Advice and Assistance to the Client, this will be Advice and Assistance from |
- | 79Advice and Assistance to the Client, this will be Advice and Assistance from | + | |
‘another Provider’. | ‘another Provider’. | ||
+ | |||
9.127 | 9.127 | ||
You cannot Claim for Advice and Assistance under the terms of any of the | You cannot Claim for Advice and Assistance under the terms of any of the | ||
exceptions contained in Paragraphs 9.125(a) to (d) above where: | exceptions contained in Paragraphs 9.125(a) to (d) above where: | ||
+ | |||
(a) The Client simply disagrees with the first advice and wants a second | (a) The Client simply disagrees with the first advice and wants a second | ||
opinion; | opinion; | ||
+ | |||
(b) There is only a short time between the first and second occasions | (b) There is only a short time between the first and second occasions | ||
when the Advice and Assistance is sought and no material change of | when the Advice and Assistance is sought and no material change of | ||
circumstances has occurred; | circumstances has occurred; | ||
+ | |||
(c) The change requested is from a second to a third Provider (unless | (c) The change requested is from a second to a third Provider (unless | ||
exceptionally it is reasonable for a further change);or | exceptionally it is reasonable for a further change);or | ||
+ | |||
(d) There is no reasonable explanation for the Client seeking further | (d) There is no reasonable explanation for the Client seeking further | ||
+ | |||
Advice and Assistance from a new Provider. | Advice and Assistance from a new Provider. | ||
+ | |||
9.128 Where Advice and Assistance is provided in contravention of the terms of | 9.128 Where Advice and Assistance is provided in contravention of the terms of | ||
Paragraph 9.125, then the work undertaken must not be claimed or paid | Paragraph 9.125, then the work undertaken must not be claimed or paid | ||
as Contract work. | as Contract work. | ||
+ | |||
9.129 If the Client has received previous Advice and Assistance but you provide | 9.129 If the Client has received previous Advice and Assistance but you provide | ||
further Advice and Assistance under Paragraph 9.125, you must assign a | further Advice and Assistance under Paragraph 9.125, you must assign a | ||
Line 4344: | Line 4627: | ||
assigned under a Representation Order. Payment for Assigned Counsel is | assigned under a Representation Order. Payment for Assigned Counsel is | ||
dealt with below. | dealt with below. | ||
+ | |||
Items of Work covered by the Standard Fees | Items of Work covered by the Standard Fees | ||
+ | |||
10.79 | 10.79 | ||
The items of work included in the Designated and Undesignated Area | The items of work included in the Designated and Undesignated Area | ||
Line 4350: | Line 4635: | ||
the costs of any Advocacy Assistance required by this Contract to be | the costs of any Advocacy Assistance required by this Contract to be | ||
claimed under the Order: | claimed under the Order: | ||
+ | |||
(a) any preparation; | (a) any preparation; | ||
+ | |||
(b) routine letters written and routine telephone calls; | (b) routine letters written and routine telephone calls; | ||
+ | |||
(c) advocacy; | (c) advocacy; | ||
+ | |||
(d) work done by a fee-earner acting as Agent for the Solicitor named in | (d) work done by a fee-earner acting as Agent for the Solicitor named in | ||
the Representation Order; and | the Representation Order; and | ||
+ | |||
(e) Unassigned Counsel’s preparation and advocacy. | (e) Unassigned Counsel’s preparation and advocacy. | ||
+ | |||
10.80 Travel and waiting time cannot be claimed separately if you undertake a | 10.80 Travel and waiting time cannot be claimed separately if you undertake a | ||
Case in a Designated Area, or if your Office is in a Designated Area. | Case in a Designated Area, or if your Office is in a Designated Area. | ||
+ | |||
10.81 Where you act for more than one Client in proceedings forming a single | 10.81 Where you act for more than one Client in proceedings forming a single | ||
Case, the Claim for payment of a Standard Fee must cover all the Clients | Case, the Claim for payment of a Standard Fee must cover all the Clients | ||
represented by you under one or more Representation Orders. | represented by you under one or more Representation Orders. | ||
+ | |||
10.82 Where a Representation Order is issued to a Client in respect of more than | 10.82 Where a Representation Order is issued to a Client in respect of more than | ||
one charge, offence or information, the Claim for payment of a Standard | one charge, offence or information, the Claim for payment of a Standard | ||
Fee must cover all the charges, offences or information that form part of | Fee must cover all the charges, offences or information that form part of | ||
one Case. | one Case. | ||
+ | |||
Costs additional to the Standard Fees | Costs additional to the Standard Fees | ||
+ | |||
10.83 | 10.83 | ||
The following costs are payable by us in addition to the Undesignated Area | The following costs are payable by us in addition to the Undesignated Area | ||
Standard Fee: | Standard Fee: | ||
+ | |||
(a) | (a) | ||
- | February 2017 | ||
reasonable travelling and waiting time of fee-earners and unassigned | reasonable travelling and waiting time of fee-earners and unassigned | ||
Counsel, which is payable at the rate provided in the Hourly Rates | Counsel, which is payable at the rate provided in the Hourly Rates | ||
table in the Criminal Remuneration Regulations; and | table in the Criminal Remuneration Regulations; and | ||
+ | |||
102(b) | 102(b) | ||
+ | |||
Disbursements. | Disbursements. | ||
+ | |||
10.84 Disbursements are payable by us in addition to the Designated Area | 10.84 Disbursements are payable by us in addition to the Designated Area | ||
Standard Fee. | Standard Fee. | ||
+ | |||
10.85 Travelling and waiting time of fee-earners and Unassigned Counsel is not | 10.85 Travelling and waiting time of fee-earners and Unassigned Counsel is not | ||
payable by us in addition to any Designated Area Standard Fee or in | payable by us in addition to any Designated Area Standard Fee or in | ||
respect of any Designated Area non-Standard Fee. | respect of any Designated Area non-Standard Fee. | ||
+ | |||
10.86 The rules for claiming travel and waiting are set out in Section 5. | 10.86 The rules for claiming travel and waiting are set out in Section 5. | ||
+ | |||
10.87 You must record all waiting time of fee-earners and Unassigned Counsel in | 10.87 You must record all waiting time of fee-earners and Unassigned Counsel in | ||
respect of each Standard Fee Claimed. You must report the cost of that | respect of each Standard Fee Claimed. You must report the cost of that | ||
Line 4387: | Line 4688: | ||
you use the correct Claim codes in the Contract Guide. | you use the correct Claim codes in the Contract Guide. | ||
Higher and Lower Standard Fees | Higher and Lower Standard Fees | ||
+ | |||
10.88 | 10.88 | ||
Where the core costs, if they had been assessed on the Hourly Rates set | Where the core costs, if they had been assessed on the Hourly Rates set | ||
out in the Criminal remuneration regulations: | out in the Criminal remuneration regulations: | ||
+ | |||
(a) do not exceed the Lower Standard Fee Limit, as appropriate, then the | (a) do not exceed the Lower Standard Fee Limit, as appropriate, then the | ||
appropriate Lower Standard Fee will be payable; | appropriate Lower Standard Fee will be payable; | ||
+ | |||
(b) exceed the Lower Standard Fee Limit, as appropriate, but do not | (b) exceed the Lower Standard Fee Limit, as appropriate, but do not | ||
exceed the Higher Standard Fee Limit, the appropriate Higher | exceed the Higher Standard Fee Limit, the appropriate Higher | ||
Standard Fee will be payable; | Standard Fee will be payable; | ||
+ | |||
(c) exceed the Higher Standard Fee Limit, as appropriate, the core costs | (c) exceed the Higher Standard Fee Limit, as appropriate, the core costs | ||
should be claimed based on the Hourly Rates set out in the Criminal | should be claimed based on the Hourly Rates set out in the Criminal | ||
Remuneration Regulations. | Remuneration Regulations. | ||
+ | |||
Determining the Category and type of proceedings | Determining the Category and type of proceedings | ||
+ | |||
10.89 You must determine the category and type of proceedings in accordance | 10.89 You must determine the category and type of proceedings in accordance | ||
with the table below and apply the relevant rules. | with the table below and apply the relevant rules. | ||
+ | |||
10.90 For the avoidance of doubt, you may only claim a Category 3 Fee in | 10.90 For the avoidance of doubt, you may only claim a Category 3 Fee in | ||
circumstances where your Client’s Case is discontinued or withdrawn at the | circumstances where your Client’s Case is discontinued or withdrawn at the | ||
committal hearing. | committal hearing. | ||
+ | |||
Categories and Types of Proceedings | Categories and Types of Proceedings | ||
Category 1B Category 1A Category 2 Category 3 | Category 1B Category 1A Category 2 Category 3 | ||
Line 4431: | Line 4740: | ||
but are disposed | but are disposed | ||
of by a guilty plea | of by a guilty plea | ||
- | February 2017 | + | |
103Category 1B Category 1A Category 2 | 103Category 1B Category 1A Category 2 | ||
magistrates’ court | magistrates’ court | ||
Line 4445: | Line 4754: | ||
of the prosecution | of the prosecution | ||
case. | case. | ||
+ | |||
Proceedings (other | Proceedings (other | ||
than committal | than committal | ||
Line 5552: | Line 5862: | ||
you must arrange for the Client to complete the application forms by post, | you must arrange for the Client to complete the application forms by post, | ||
after you receive instructions and before you commence work. | after you receive instructions and before you commence work. | ||
+ | |||
12.17 In Advice and Assistance Matters, you should, wherever possible conduct | 12.17 In Advice and Assistance Matters, you should, wherever possible conduct | ||
the matter by way of correspondence with the Client, or by video link or | the matter by way of correspondence with the Client, or by video link or | ||
telephone, if such facilities are available. Personal attendance must be | telephone, if such facilities are available. Personal attendance must be | ||
justified on a file note. | justified on a file note. | ||
+ | |||
Telephone advice before application forms are signed | Telephone advice before application forms are signed | ||
+ | |||
12.18 | 12.18 | ||
+ | |||
12.19 | 12.19 | ||
You may only include in your Case costs time spent giving advice to a | You may only include in your Case costs time spent giving advice to a | ||
Client over the telephone before that Client has signed the application form | Client over the telephone before that Client has signed the application form | ||
where: | where: | ||
+ | |||
(a) the Client meets the Financial Eligibility Test and you are satisfied | (a) the Client meets the Financial Eligibility Test and you are satisfied | ||
that the Sufficient Benefit Test is met; or | that the Sufficient Benefit Test is met; or | ||
+ | |||
(b) the Client subsequently signs the CRM1 and CRM2, or CRM1 and | (b) the Client subsequently signs the CRM1 and CRM2, or CRM1 and | ||
CRM3 application forms and is financially eligible. | CRM3 application forms and is financially eligible. | ||
Line 5569: | Line 5885: | ||
forms to your Client, after you have given the advice, to be signed and | forms to your Client, after you have given the advice, to be signed and | ||
returned to you. | returned to you. | ||
- | February 2017 | + | |
- | 13212.20 You must not make any Claim in this Class of Work if your Client has not | + | 12.20 You must not make any Claim in this Class of Work if your Client has not |
signed the application forms or has been properly determined by you as | signed the application forms or has been properly determined by you as | ||
not being financially eligible. | not being financially eligible. | ||
+ | |||
12.21 You must not make a Claim in this Class of Work in circumstances where | 12.21 You must not make a Claim in this Class of Work in circumstances where | ||
you provide ad hoc telephone advice to a Client on an issue which develops | you provide ad hoc telephone advice to a Client on an issue which develops | ||
Line 5579: | Line 5896: | ||
outlined in Paragraph 12.59(c) below. | outlined in Paragraph 12.59(c) below. | ||
Commencing a Matter in this Class of Work | Commencing a Matter in this Class of Work | ||
+ | |||
12.22 | 12.22 | ||
When this Contract commences, subject to Paragraph 12.4, you are | When this Contract commences, subject to Paragraph 12.4, you are | ||
Line 5584: | Line 5902: | ||
Work, subject to the Matter passing the Sufficient Benefit Test and the | Work, subject to the Matter passing the Sufficient Benefit Test and the | ||
Client being financially eligible. | Client being financially eligible. | ||
+ | |||
General Provisions on Starting a New Matter | General Provisions on Starting a New Matter | ||
+ | |||
12.23 Advice and Assistance or Advocacy Assistance must be allocated an | 12.23 Advice and Assistance or Advocacy Assistance must be allocated an | ||
individual Matter appropriately and in accordance with the provisions set | individual Matter appropriately and in accordance with the provisions set | ||
out here. | out here. | ||
+ | |||
12.24 These provisions govern when a Matter may be commenced and when it is | 12.24 These provisions govern when a Matter may be commenced and when it is | ||
legitimate to commence more than one Matter for one Client. Where | legitimate to commence more than one Matter for one Client. Where | ||
Line 5595: | Line 5916: | ||
in accordance with these Paragraphs be carried out under a single Matter. | in accordance with these Paragraphs be carried out under a single Matter. | ||
Conversely, you must not include clearly unrelated work to a single Matter. | Conversely, you must not include clearly unrelated work to a single Matter. | ||
+ | |||
12.25 You must not begin more than one Sentence Case, or more than one | 12.25 You must not begin more than one Sentence Case, or more than one | ||
Parole Board Case for a Client at any one time. If you commence a | Parole Board Case for a Client at any one time. If you commence a | ||
Sentence Case and a Parole Board Case concurrently, you must claim for | Sentence Case and a Parole Board Case concurrently, you must claim for | ||
each Matter separately. | each Matter separately. | ||
+ | |||
12.26 If you commence a Disciplinary Case for a Client, and are subsequently | 12.26 If you commence a Disciplinary Case for a Client, and are subsequently | ||
instructed by that Client on a new, unrelated and distinct Disciplinary Case, | instructed by that Client on a new, unrelated and distinct Disciplinary Case, | ||
Line 5605: | Line 5928: | ||
Where you provide Advice and Assistance and then Advocacy Assistance in | Where you provide Advice and Assistance and then Advocacy Assistance in | ||
a Disciplinary Case or in a Parole Board Case | a Disciplinary Case or in a Parole Board Case | ||
+ | |||
12.27 Where you are instructed on a Disciplinary Case or a Parole Board Case in | 12.27 Where you are instructed on a Disciplinary Case or a Parole Board Case in | ||
circumstances where it is clear that there is going to be an oral hearing, | circumstances where it is clear that there is going to be an oral hearing, | ||
you must start the Case as Advocacy Assistance. | you must start the Case as Advocacy Assistance. | ||
+ | |||
12.28 Where you are instructed on a Disciplinary Case or a Parole Board Case in | 12.28 Where you are instructed on a Disciplinary Case or a Parole Board Case in | ||
circumstances where it is not clear that there is going to be an oral | circumstances where it is not clear that there is going to be an oral |