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2017_specification [2017/07/25 17:29]
frescom 		2017_specification [2017/07/25 17:48]
frescom
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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.
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 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
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 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
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 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
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 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,
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 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
2017_specification.txt · Last modified: 2018/09/04 18:50 by frescom

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