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2017_specification [2017/07/25 17:48] frescom |
2017_specification [2017/07/25 17:52] frescom |
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employed Supervisor by such period as the notice specifies; or | employed Supervisor by such period as the notice specifies; or | ||
applying a Sanction. | applying a Sanction. | ||
+ | |||
Supervisor ratios | Supervisor ratios | ||
+ | |||
2.29 A FTE Supervisor who only undertakes supervision in the Prison Law Class | 2.29 A FTE Supervisor who only undertakes supervision in the Prison Law Class | ||
of Work only may supervise a maximum of six Designated Fee Earners or | of Work only may supervise a maximum of six Designated Fee Earners or | ||
Caseworkers. | Caseworkers. | ||
+ | |||
2.30 A FTE Supervisor who undertakes supervision in the: | 2.30 A FTE Supervisor who undertakes supervision in the: | ||
+ | |||
(a) Criminal Investigations and Criminal Proceedings and/or Appeals and | (a) Criminal Investigations and Criminal Proceedings and/or Appeals and | ||
Reviews Classes of Work; or | Reviews Classes of Work; or | ||
+ | |||
(b) Prison Law and any other Class of Work | (b) Prison Law and any other Class of Work | ||
may supervise a maximum of four Designated Fee Earners or Caseworkers. | may supervise a maximum of four Designated Fee Earners or Caseworkers. | ||
+ | |||
2.31 | 2.31 | ||
Individuals who only undertake administrative tasks (which you may not | Individuals who only undertake administrative tasks (which you may not | ||
Line 771: | Line 777: | ||
Client’s overall legal problem(s)) prior to a matter being opened are not | Client’s overall legal problem(s)) prior to a matter being opened are not | ||
Caseworkers for the purpose of these ratios or otherwise. | Caseworkers for the purpose of these ratios or otherwise. | ||
+ | |||
Designated Fee Earners | Designated Fee Earners | ||
- | February 2017 | + | |
- | 172.32 | + | 2.32 |
You are required to have a document that identifies all staff, their current | You are required to have a document that identifies all staff, their current | ||
jobs, and lines of responsibility. This must cover all Designated Fee Earners | jobs, and lines of responsibility. This must cover all Designated Fee Earners | ||
Line 1298: | Line 1305: | ||
papers so delivered. | papers so delivered. | ||
Application rules | Application rules | ||
+ | |||
4.20 | 4.20 | ||
In addition to the application rules set out in Paragraphs 4.21 to 4.39, | In addition to the application rules set out in Paragraphs 4.21 to 4.39, | ||
application rules relating to specific Units of Work are set out in Sections 9 | application rules relating to specific Units of Work are set out in Sections 9 | ||
to 13. | to 13. | ||
+ | |||
Application forms | Application forms | ||
+ | |||
4.21 Unless the terms of this Specification or we expressly provide otherwise in | 4.21 Unless the terms of this Specification or we expressly provide otherwise in | ||
writing, you must not provide Contract Work unless the Client is within the | writing, you must not provide Contract Work unless the Client is within the | ||
jurisdiction, and has completed the relevant application form. | jurisdiction, and has completed the relevant application form. | ||
+ | |||
4.22 Where an application form is required, except in relation to a determination | 4.22 Where an application form is required, except in relation to a determination | ||
that a Client qualifies for Criminal Proceedings, a copy of the completed | that a Client qualifies for Criminal Proceedings, a copy of the completed | ||
form must be kept by you on the file, and its correct completion will be | form must be kept by you on the file, and its correct completion will be | ||
checked upon Audit. | checked upon Audit. | ||
+ | |||
4.23 We may prescribe different application forms for different Classes or Units | 4.23 We may prescribe different application forms for different Classes or Units | ||
of Work or Clients. | of Work or Clients. | ||
+ | |||
4.24 Failure to complete properly the requisite form may lead to the costs of the | 4.24 Failure to complete properly the requisite form may lead to the costs of the | ||
Matter or Case being disallowed on Assessment. The Financial Eligibility | Matter or Case being disallowed on Assessment. The Financial Eligibility | ||
- | February 2017 | + | Test (where relevant) and the Client details must be fully completed and |
- | 28Test (where relevant) and the Client details must be fully completed and | + | |
the form signed by the Client in your presence. Work carried out before | the form signed by the Client in your presence. Work carried out before | ||
the completion and signing of the form will not be remunerated. Limited | the completion and signing of the form will not be remunerated. Limited | ||
exceptions to these principles for Advice and Assistance are contained in | exceptions to these principles for Advice and Assistance are contained in | ||
Sections 9 to 13 for specific Units of Work. | Sections 9 to 13 for specific Units of Work. | ||
+ | |||
Application on behalf of a Child or Protected Party | Application on behalf of a Child or Protected Party | ||
+ | |||
4.25 | 4.25 | ||
You may only accept an application for Contract Work on behalf of a Child | You may only accept an application for Contract Work on behalf of a Child | ||
or Protected Party from: | or Protected Party from: | ||
+ | |||
(a) in the case of a Child, a parent or guardian or other person in whose | (a) in the case of a Child, a parent or guardian or other person in whose | ||
care he or she is; or | care he or she is; or | ||
+ | |||
(b) in the case of a Protected Party, from a deputy or attorney under the | (b) in the case of a Protected Party, from a deputy or attorney under the | ||
Mental Capacity Act 2005; or | Mental Capacity Act 2005; or | ||
+ | |||
(c) in the case of a Child or Protected Party, an appropriate adult or any | (c) in the case of a Child or Protected Party, an appropriate adult or any | ||
other person acting for the purposes of any proceedings as his or her | other person acting for the purposes of any proceedings as his or her | ||
litigation friend; or | litigation friend; or | ||
+ | |||
(d) in the case of a Child or Protected Party, any other person where | (d) in the case of a Child or Protected Party, any other person where | ||
there is good reason why none of the persons specified in (a) to (c) | there is good reason why none of the persons specified in (a) to (c) | ||
above can make the application (and that good reason is noted on | above can make the application (and that good reason is noted on | ||
the file), provided that: | the file), provided that: | ||
+ | |||
(i) there is sufficient connection between the Child or Protected | (i) there is sufficient connection between the Child or Protected | ||
Party and the other person to ensure that the other person is | Party and the other person to ensure that the other person is | ||
likely to act responsibly in the interests of the Child or Protected | likely to act responsibly in the interests of the Child or Protected | ||
Party; and | Party; and | ||
+ | |||
(ii) the other person has sufficient knowledge of the Child or | (ii) the other person has sufficient knowledge of the Child or | ||
Protected Party, the problem and the Child’s or Protected | Protected Party, the problem and the Child’s or Protected | ||
Party’s financial circumstances (where relevant) to give proper | Party’s financial circumstances (where relevant) to give proper | ||
instructions to you; and | instructions to you; and | ||
+ | |||
(iii) no application may be accepted under Paragraph 4.25(d) if | (iii) no application may be accepted under Paragraph 4.25(d) if | ||
made by a member, director, partner, shareholder, associate or | made by a member, director, partner, shareholder, associate or | ||
employee of your organisation. | employee of your organisation. | ||
+ | |||
4.26 Where you accept an application under Paragraph 4.25, the application will | 4.26 Where you accept an application under Paragraph 4.25, the application will | ||
be in the name of the Child or Protected Party but signed on his or her | be in the name of the Child or Protected Party but signed on his or her | ||
Line 1351: | Line 1373: | ||
Protected Party but signed by the person who is applying on behalf of the | Protected Party but signed by the person who is applying on behalf of the | ||
Child or Protected Party with an annotation to that effect. | Child or Protected Party with an annotation to that effect. | ||
+ | |||
4.27 Where relevant, the appropriate means, of the Child or Protected Party | 4.27 Where relevant, the appropriate means, of the Child or Protected Party | ||
and, in appropriate cases, those who have care and control of, or are liable | and, in appropriate cases, those who have care and control of, or are liable | ||
to maintain, or usually contribute substantially to the Child or Protected | to maintain, or usually contribute substantially to the Child or Protected | ||
Party’s maintenance, must be taken into account in applying the Financial | Party’s maintenance, must be taken into account in applying the Financial | ||
+ | |||
Eligibility Test. | Eligibility Test. | ||
Instructions directly from a Child | Instructions directly from a Child | ||
+ | |||
4.28 | 4.28 | ||
You may accept instructions directly from a Child in the following | You may accept instructions directly from a Child in the following | ||
circumstances: | circumstances: | ||
+ | |||
(a) | (a) | ||
- | February 2017 | ||
by exercising the Delegated Function in relation to proceedings which | by exercising the Delegated Function in relation to proceedings which | ||
that Child is entitled to defend without a litigation friend; or | that Child is entitled to defend without a litigation friend; or | ||
- | 294.29 | + | |
- | 4.30 | + | |
(b) where only Police Station Advice and Assistance is sought; or | (b) where only Police Station Advice and Assistance is sought; or | ||
+ | |||
(c) where: | (c) where: | ||
+ | |||
(i) there is good reason why none of the persons specified in | (i) there is good reason why none of the persons specified in | ||
Paragraphs 4.25(a) to (d) can make the application on the | Paragraphs 4.25(a) to (d) can make the application on the | ||
Child’s behalf; and | Child’s behalf; and | ||
+ | |||
(ii) the Child is old enough to give instructions and understand the | (ii) the Child is old enough to give instructions and understand the | ||
nature of the advice and proceedings. | nature of the advice and proceedings. | ||
Where Advice and Assistance (other than Police Station Advice and | Where Advice and Assistance (other than Police Station Advice and | ||
Assistance) or Advocacy Assistance is provided to a Child: | Assistance) or Advocacy Assistance is provided to a Child: | ||
+ | |||
(a) the Child must sign the application form him/herself; and | (a) the Child must sign the application form him/herself; and | ||
+ | |||
(b) you must consider whether it is just and equitable not to aggregate | (b) you must consider whether it is just and equitable not to aggregate | ||
the Child’s means with those of the person liable to maintain him or | the Child’s means with those of the person liable to maintain him or | ||
her. | her. | ||
+ | |||
The presumption is that there should be aggregation but you can decide | The presumption is that there should be aggregation but you can decide | ||
not to aggregate (and assess only the Child’s means) if, having regard to | not to aggregate (and assess only the Child’s means) if, having regard to | ||
Line 1385: | Line 1415: | ||
aggregation is more likely to be justified where there is a conflict between | aggregation is more likely to be justified where there is a conflict between | ||
the Child and the person liable to maintain him or her. | the Child and the person liable to maintain him or her. | ||
+ | |||
Postal applications | Postal applications | ||
+ | |||
4.31 | 4.31 | ||
You may exercise the Delegated Function to accept an application for | You may exercise the Delegated Function to accept an application for | ||
Advice and Assistance by post from a Client where it is reasonable to do | Advice and Assistance by post from a Client where it is reasonable to do | ||
so, but not where the Client is resident outside the European Union unless; | so, but not where the Client is resident outside the European Union unless; | ||
+ | |||
(a) such residence is purely temporary and the Client cannot can without | (a) such residence is purely temporary and the Client cannot can without | ||
serious disadvantage delay the application until he or she has | serious disadvantage delay the application until he or she has | ||
returned to England or Wales; or | returned to England or Wales; or | ||
+ | |||
(b) the Advice and Assistance could not be applied for on the same | (b) the Advice and Assistance could not be applied for on the same | ||
Matter by a person resident in England or Wales; or | Matter by a person resident in England or Wales; or | ||
+ | |||
(c) it is otherwise reasonable to accept the application. | (c) it is otherwise reasonable to accept the application. | ||
+ | |||
4.32 The Delegated Function to grant an application for Advocacy Assistance will | 4.32 The Delegated Function to grant an application for Advocacy Assistance will | ||
apply to all proceedings for which it is available, as specified in Sections 9 | apply to all proceedings for which it is available, as specified in Sections 9 | ||
to 13. | to 13. | ||
+ | |||
4.33 Where you use the Delegated Function to grant an application for Advocacy | 4.33 Where you use the Delegated Function to grant an application for Advocacy | ||
Assistance, a written application is granted by the signature of a practising | Assistance, a written application is granted by the signature of a practising | ||
Line 1408: | Line 1445: | ||
completed and signed by the Client before signature by you. The grant will | completed and signed by the Client before signature by you. The grant will | ||
not operate retrospectively. | not operate retrospectively. | ||
+ | |||
4.34 If a written application is not required under this Specification, a check | 4.34 If a written application is not required under this Specification, a check | ||
should be made that the Client satisfies any scope limitations and | should be made that the Client satisfies any scope limitations and | ||
Qualifying Criteria and a note should be made on file. | Qualifying Criteria and a note should be made on file. | ||
- | February 2017 | + | |
- | 304.35 The Delegated Function to grant Advocacy Assistance carries with it the | + | 4.35 The Delegated Function to grant Advocacy Assistance carries with it the |
corresponding duty to refuse it when any applicable Qualifying Criteria are | corresponding duty to refuse it when any applicable Qualifying Criteria are | ||
not satisfied. When refusing, you should make it clear that you are doing | not satisfied. When refusing, you should make it clear that you are doing | ||
so on behalf of us and applying the terms of the Contract. | so on behalf of us and applying the terms of the Contract. | ||
+ | |||
4.36 The Delegated Function to self-authorise the instruction of Counsel in | 4.36 The Delegated Function to self-authorise the instruction of Counsel in | ||
Advocacy Assistance proceedings must be exercised in accordance with the | Advocacy Assistance proceedings must be exercised in accordance with the | ||
provisions relating to the instruction of Counsel set out in this | provisions relating to the instruction of Counsel set out in this | ||
Specification. | Specification. | ||
+ | |||
4.37 The Delegated Functions set out in Paragraph 4.4(g) and (h) above which | 4.37 The Delegated Functions set out in Paragraph 4.4(g) and (h) above which | ||
only apply to Associated Civil Work must be exercised in accordance with | only apply to Associated Civil Work must be exercised in accordance with | ||
Line 1425: | Line 1465: | ||
only exercise these Delegated Functions if your Office meets the Quality | only exercise these Delegated Functions if your Office meets the Quality | ||
Standard, in accordance with an Authorisation. | Standard, in accordance with an Authorisation. | ||
+ | |||
4.38 Where you are authorised to exercise the Delegated Function to accept an | 4.38 Where you are authorised to exercise the Delegated Function to accept an | ||
application for Advice and Assistance from a Client who has received | application for Advice and Assistance from a Client who has received | ||
Line 1434: | Line 1475: | ||
the actual provision of Advice and Assistance is less likely to be justified | the actual provision of Advice and Assistance is less likely to be justified | ||
and the costs, which are likely to be considered reasonable, will reduce. | and the costs, which are likely to be considered reasonable, will reduce. | ||
+ | |||
4.39 The Delegated Function in Paragraph 4.4(d) above does not operate | 4.39 The Delegated Function in Paragraph 4.4(d) above does not operate | ||
retrospectively. Work done prior to the date of exercise of the Delegated | retrospectively. Work done prior to the date of exercise of the Delegated | ||
Line 1439: | Line 1481: | ||
calculation of work done when submitting a costs Claim. | calculation of work done when submitting a costs Claim. | ||
Unique File Numbers (UFN) and filing requirements | Unique File Numbers (UFN) and filing requirements | ||
+ | |||
4.40 Before your first point of contact with us on any Matter or Case, you must | 4.40 Before your first point of contact with us on any Matter or Case, you must | ||
assign a UFN in the format set out in Paragraph 4.41 to each separate | assign a UFN in the format set out in Paragraph 4.41 to each separate | ||
Matter or Case other than those involving only the provision of Contract | Matter or Case other than those involving only the provision of Contract | ||
Work by a court Duty Solicitor acting as such. | Work by a court Duty Solicitor acting as such. | ||
+ | |||
4.41 The UFN must be calculated with reference to the date on which you first | 4.41 The UFN must be calculated with reference to the date on which you first | ||
undertook Contract Work for the Client (which may be earlier than the date | undertook Contract Work for the Client (which may be earlier than the date | ||
on which the UFN is actually assigned). You must use the following UFN | on which the UFN is actually assigned). You must use the following UFN | ||
format, which is: | format, which is: | ||
+ | |||
(a) the date on which Contract Work was first undertaken for the Client | (a) the date on which Contract Work was first undertaken for the Client | ||
in the Matter or Case set out in the six digit numerical format of | in the Matter or Case set out in the six digit numerical format of | ||
DDMMYY; followed by | DDMMYY; followed by | ||
+ | |||
(b) a “/” followed by; and | (b) a “/” followed by; and | ||
+ | |||
(c) a sequential number unique to that day. The numerical sequence | (c) a sequential number unique to that day. The numerical sequence | ||
part of the UFN will return to 001 at the beginning of each day. | part of the UFN will return to 001 at the beginning of each day. | ||
Boundaries between Classes and Units of Work | Boundaries between Classes and Units of Work | ||
+ | |||
4.42 | 4.42 | ||
Advice and Assistance does not extend to cover Representation, no matter | Advice and Assistance does not extend to cover Representation, no matter | ||
Line 1460: | Line 1508: | ||
Advice and Assistance or Advocacy Assistance to the Client on the same | Advice and Assistance or Advocacy Assistance to the Client on the same | ||
Matter, which gave rise to the Criminal Proceedings, unless a Criminal | Matter, which gave rise to the Criminal Proceedings, unless a Criminal | ||
- | February 2017 | + | Investigation is ongoing in respect of other offences relating to the same |
- | 31Investigation is ongoing in respect of other offences relating to the same | + | |
Matter. Where Representation is available, you must make an application | Matter. Where Representation is available, you must make an application | ||
at the earliest opportunity. | at the earliest opportunity. | ||
+ | |||
4.43 Work for the same Client may be treated as a separate Matter if it involves | 4.43 Work for the same Client may be treated as a separate Matter if it involves | ||
the provision of Advice and Assistance or Advocacy Assistance under this | the provision of Advice and Assistance or Advocacy Assistance under this | ||
Line 1469: | Line 1517: | ||
requiring a separate application (where relevant) and which can be claimed | requiring a separate application (where relevant) and which can be claimed | ||
separately in accordance with this Specification. | separately in accordance with this Specification. | ||
+ | |||
4.44 You must identify, and record on the appropriate Matter or Case file, any | 4.44 You must identify, and record on the appropriate Matter or Case file, any | ||
point at which the work, which you are performing for a Client, becomes a | point at which the work, which you are performing for a Client, becomes a | ||
separate Matter or Case. | separate Matter or Case. | ||
+ | |||
4.45 Where two or more separate Matters or Cases arise, each one must be the | 4.45 Where two or more separate Matters or Cases arise, each one must be the | ||
subject of a separate application form and determination (where relevant). | subject of a separate application form and determination (where relevant). | ||
You must decide whether you may Claim the work under this Contract and | You must decide whether you may Claim the work under this Contract and | ||
the appropriate Qualifying Criteria will apply to each Matter or Case. | the appropriate Qualifying Criteria will apply to each Matter or Case. | ||
+ | |||
4.46 Where two Matters are genuinely different problems requiring separate | 4.46 Where two Matters are genuinely different problems requiring separate | ||
advice at the same time on one occasion only, then they must be treated | advice at the same time on one occasion only, then they must be treated | ||
as the same Matter, despite the fact that they would normally be treated | as the same Matter, despite the fact that they would normally be treated | ||
as separate Matters. | as separate Matters. | ||
+ | |||
4.47 Where two or more Matters arise from the same set of circumstances, they | 4.47 Where two or more Matters arise from the same set of circumstances, they | ||
must not be treated as separate Matters for the purposes of Police Station | must not be treated as separate Matters for the purposes of Police Station | ||
Advice and Assistance, or Free Standing Advice and Assistance. | Advice and Assistance, or Free Standing Advice and Assistance. | ||
+ | |||
4.48 Where two or more Cases would be dealt with under one determination or | 4.48 Where two or more Cases would be dealt with under one determination or | ||
as part of the same Case, one application form must be completed and the | as part of the same Case, one application form must be completed and the | ||
Case must be treated as one matter. | Case must be treated as one matter. | ||
+ | |||
4.49 In each Matter or Case, a single application form must be completed to | 4.49 In each Matter or Case, a single application form must be completed to | ||
identify the issues and provide general, preliminary advice. If one legal | identify the issues and provide general, preliminary advice. If one legal | ||
Line 1491: | Line 1545: | ||
the provision of any further Advice and Assistance. The following points | the provision of any further Advice and Assistance. The following points | ||
should be noted: | should be noted: | ||
+ | |||
(a) the fact that you may be giving initial advice to the Client about | (a) the fact that you may be giving initial advice to the Client about | ||
potentially different outcomes arising from the same set of | potentially different outcomes arising from the same set of | ||
originating circumstances does not in itself mean they are separate | originating circumstances does not in itself mean they are separate | ||
Matters; and | Matters; and | ||
+ | |||
(b) the fact that circumstances have changed or developments have | (b) the fact that circumstances have changed or developments have | ||
occurred as the case has progressed will not mean that a separate | occurred as the case has progressed will not mean that a separate | ||
Matter arises if the Advice and Assistance continues to be provided | Matter arises if the Advice and Assistance continues to be provided | ||
on the same overall legal issue. | on the same overall legal issue. | ||
+ | |||
4.50 Where multiple application forms are used then you must record the | 4.50 Where multiple application forms are used then you must record the | ||
reasons on file and be able to justify your decision on Assessment or Audit. | reasons on file and be able to justify your decision on Assessment or Audit. | ||
+ | |||
4.51 Duplicated work must not be claimed on related files. | 4.51 Duplicated work must not be claimed on related files. | ||
+ | |||
4.52 Where different fee-earners undertake work for the same Client on | 4.52 Where different fee-earners undertake work for the same Client on | ||
different Matters, care must be exercised to ensure that no duplication of | different Matters, care must be exercised to ensure that no duplication of | ||
Line 1508: | Line 1567: | ||
check must be made to ensure that there has been no duplication. If | check must be made to ensure that there has been no duplication. If | ||
duplicated work has been claimed in error, you must notify us. | duplicated work has been claimed in error, you must notify us. | ||
- | February 2017 | + | |
- | 324.53 If a Client seeks advice as to whether he or she should change Provider | + | 4.53 If a Client seeks advice as to whether he or she should change Provider |
from a Provider already providing Advice and Assistance it is not justified | from a Provider already providing Advice and Assistance it is not justified | ||
to consider this as a separate Matter to the advice being given by the | to consider this as a separate Matter to the advice being given by the | ||
previous Solicitor. Paragraph 4.38 must be applied before any advice is | previous Solicitor. Paragraph 4.38 must be applied before any advice is | ||
given as a separate Matter. | given as a separate Matter. | ||
+ | |||
4.54 Charges laid at the same time which are dealt with under one | 4.54 Charges laid at the same time which are dealt with under one | ||
determination, or are heard together, or form part of the same Case, must | determination, or are heard together, or form part of the same Case, must | ||
be dealt with as one Case. | be dealt with as one Case. | ||
+ | |||
4.55 Advice given on related issues, which could be considered to be a “series of | 4.55 Advice given on related issues, which could be considered to be a “series of | ||
offences”, must be dealt with as a single case, rather than separate cases. | offences”, must be dealt with as a single case, rather than separate cases. | ||
Line 3640: | Line 3701: | ||
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 3646: | Line 3708: | ||
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 3662: | Line 3729: | ||
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 |