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2017_specification [2017/07/25 17:52]
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2017_specification [2017/07/27 18:51]
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 ====== SPECIFICATION ====== ====== SPECIFICATION ======
  
-2017 Standard Crime Contract\\ 
-Specification\\ 
-February 2017\\ 
-\\ 
-Contents\\ 
  
-1. Introduction to Contract ​Work\\ +2017 Standard Crime Contract ​Specification 
-2. Service Standards\\ +Contents
-3. Qualifying Criteria\\ +
-4. Carrying out Contract Work\\ +
-5. Remuneration for Contract Work\\ +
-6. Duty Solicitor Contract Work\\ +
-7. Very High Cost Cases (VHCCs)\\ +
-8. Claims, Costs, Assessments and Reviews\\ +
-9. Criminal Investigations\\ +
-10. Criminal Proceedings\\ +
-11. Appeals and Reviews\\ +
-12. Prison Law\\ +
-13. Associated Civil Work\\+
  
-\\ 
-\\ 
  
-Definitions\\+Section 
 +Section Heading 
 +
 +Introduction to Contract Work 
 +
 +Service Standards 
 +
 +Qualifying Criteria 
 +
 +Carrying out Contract Work 
 +
 +Remuneration for Contract Work 
 +
 +Duty Solicitor Contract Work 
 +
 +Very High Cost Cases (VHCCs) 
 +
 +Claims, Costs, Assessments and Reviews 
 +
 +Criminal Investigations 
 +10 
 +Criminal Proceedings 
 +11 
 +Appeals and Reviews 
 +12 
 +Prison Law 
 +13 
 +Associated Civil Work 
 +1. 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,​ the following expressions have the following meanings: ​\\+1.2 In this Specification,​ the following expressions have the following meanings:
  
-“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 by us as competent to grant such accreditation;​
-on the Police Station Register and who is accredited by a body recognised +
-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 the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013;
-under a Representation Order in accordance with regulation 16 and 17 of +
-the Criminal Legal Aid (Determinations by a Court and Choice of +
-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 for Police Station Advice and Assistance;
-Duty Solicitor when a Duty Solicitor on a Rota is unable to accept a request +
-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 as and when he or she is required at court;
-Scheme which is operated by a court contracting the Duty Solicitor directly +
-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 specific caseload of Contract Work is allocated and is responsible for the progression of those cases, within their specific caseload, under supervision. ​ Caseworker includes paralegals;
-fee-earner who regularly undertakes criminal defence work to whom a +
-specific caseload of Contract Work is allocated and is responsible for the +
-progression of those cases, within their specific caseload, under +
-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) +
-Regulations 2012;+
  
-“Civil ​Remuneration ​Regulations” means regulations made under section +“Civil ​Procedure ​Regulations” means the Civil Legal Aid (Procedure) Regulations 2012;
-2(3) of the Act that relate to civil Legal Aid;+
  
-Contract Guide” means a guide issued by us specifically in relation to the +Civil Remuneration Regulations” means regulations made under section 2(3) of the Act that relate to civil Legal Aid;
-Contract and published on our website;+
  
-Contribution Order Regulations” means the Criminal Legal Aid +Contract Guide” means a guide issued by us specifically in relation to the Contract ​and published on our website;
-(Contribution Orders) Regulations 2013 and any other regulations made +
-under section 23 of the Act that relate to criminal Legal Aid; +
-February 2017+
  
-3“Controlled Work” has the meaning given to it in regulation 21(2) of the +“Contribution Order Regulations” means the Criminal Legal Aid (Contribution Orders) Regulations 2013 and any other regulations made under section 23 of the Act that relate to criminal Legal Aid; 
-Civil Procedure Regulations;​+“Controlled Work” has the meaning given to it in regulation 21(2) of the 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 excluding VAT and the costs of Assessment) imposed by the Director, and described as an Upper Limit in respect of a Representation Order granted in respect of Prescribed Proceedings in the Crown Court;
-as to costs (including profit costs, Disbursements and Counsels’ fees but +
-excluding VAT and the costs of Assessment) imposed by the Director, and +
-described as an Upper Limit in respect of a Representation Order granted +
-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 police areas as set out in Schedule 1 of the Police Act 1996;
-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;+
  
-“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 Case if a former Criminal Defence Direct case is referred to you to provide Police Station Advice and Assistance;
-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 +
-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 be undertaken by a Criminal Defence Direct Telephone Adviser, unless an exception as set out in Section 9 applies;
-Assistance which is not within the scope of this Specification and may only +
-be undertaken by a Criminal Defence Direct Telephone Adviser, unless an +
-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 the purposes of Criminal Defence Direct, the minimum qualification for whom shall be the Law Society’s Police Station Qualification;​
-us to be employed or engaged specifically to provide telephone advice for +
-the purposes of Criminal Defence Direct, the minimum qualification for +
-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  section 21 of the Act that relate to criminal Legal Aid;
-Resources) Regulations 2013 and any other regulations made under +
-section 21 of the Act that relate to criminal Legal Aid+
-“Criminal Litigation Accreditation Scheme” or “CLAS” means the Law +
-Society criminal litigation accreditation scheme;+
  
-“Criminal ​Remuneration Regulations” means the Criminal Legal Aid +“Criminal ​Litigation Accreditation Scheme” or “CLAS” means the Law  Society ​criminal ​litigation accreditation scheme;
-(Remuneration) Regulations 2013 and other regulations made under +
-section 2(3) of the Act that relate to criminal ​Legal Aid;+
  
-“Designated Area(s)” means the CJS Areas of: +“Criminal Remuneration Regulations” means the Criminal Legal Aid (Remuneration) Regulations 2013 and other regulations made under section 2(3) of the Act that relate to criminal Legal Aid; 
-London, +“Designated Area(s)” means the CJS Areas of: London, 
-Greater Manchester, +Greater Manchester, Merseyside,​ 
-Merseyside,​ +West Midlands, and the local authority areas of: Brighton & Hove, 
-West Midlands, and the local authority areas of: +Bristol, Cardiff, 
-Brighton & Hove, +Derby & Erewash, Kingston upon Hull, Leeds & Bradford, Leicester, Nottingham, Portsmouth,​ 
-Bristol, +Newcastle-upon-Tyne & Sunderland (including Gateshead, North Tyneside and South Tyneside),​ 
-Cardiff, +Sheffield, and Southampton;​
-Derby & Erewash, +
-Kingston upon Hull, +
-Leeds & Bradford, +
-Leicester, +
-Nottingham, +
-Portsmouth,​ +
-Newcastle-upon-Tyne & Sunderland (including Gateshead, North Tyneside +
-and South Tyneside),​ +
-February 2017 +
-4Sheffield, and +
-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 accordance with Paragraphs 2.32 to 2.38;
-undertake Contract Work under this Specification (including Agents) in +
-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 Client) in performing Contract Work;
-(and which, apart from this Contract, would be properly chargeable to a +
-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 Legal Aid (General) Regulations 2013;
-under Section 12, and is within scope of regulation 12(2)(f) of the Criminal +
-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 Rules 1999 or Young Offender Rules 2000 that are alleged to have been committed by the prisoner are dealt with;
-Governor or an Independent Adjudicator where offences against the Prison +
-Rules 1999 or Young Offender Rules 2000 that are alleged to have been +
-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 contractors to deal with requests for Advice and Assistance at the Police Station;
-replaced from time to time) provided on behalf of us by independent +
-contractors to deal with requests for Advice and Assistance at the Police +
-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 Assistance under a Duty Scheme;
-is required to be available to give Advice and Assistance or Advocacy +
-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 Counsel or other third parties you appoint in accordance with Clause 3 in connection with Contract Work that is part of the online service;
-transmission of information between us and Providers (including any +
-Counsel or other third parties you appoint in accordance with Clause 3 in +
-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 because of the extent by which the Claim exceeds the relevant fee;
-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;+
  
-“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 specified Escape Fee Case Threshold and are assessed by us;
-would otherwise be paid by a Fixed Fee but where your costs exceed the +
-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 as an Escape Fee Case;
-exceed a Fixed Fee so as to entitle you to have your costs assessed by us +
-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;​+“Findings” include not only findings on particular practices (such as failing to Assess financial eligibility or charging for administrative work that is not allowable) but in relation to more general matters, such as claiming excessive time for preparation or attendances or the average percentage reduction on Assessment of a sample of your files;
  
-Findings” include not only findings ​on particular practices (such as failing +Fixed Fee” means any payment under this Specification for Contract Work on the basis of a specified fee rather than on Hourly Rates;
-to Assess financial eligibility or charging for administrative work that is not +
-allowable) but in relation to more general matters, such as claiming +
-excessive time for preparation or attendances or the average percentage +
-reduction on Assessment ​of a sample of your files;+
  
-“Fixed Fee” means any payment under this Specification for Contract Work +“Free Standing Advice and Assistance” is Advice and Assistance provided under section 15(2)(a) of the Act and which is claimed in accordance with this Specification;​
-on the basis of a specified fee rather than on Hourly Rates; +
-“Free Standing Advice and Assistance” is Advice and Assistance provided +
-under section 15(2)(a) of the Act and which is claimed in accordance with +
-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 one individual may together make up the FTE requirement;​
-working 35 hours in a standard 7 day week (excluding breaks). More than +
-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 Remuneration Regulations;​
-circumstances set out and at the levels set out) in the Criminal +
-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  Hourly Rates;
-which you are entitled to have your costs assessed by us and paid at +
-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 entitled to have your costs assessed by us and paid on a Non-Standard Fee basis;
-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 +
-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 illegal entry, overstaying leave to enter or remain, or breaching a condition of leave or failure to observe a condition of temporary admission ​ or release. ​ This list is not exhaustive;
-immigration in force from time to time and such breaches shall include +
-illegal entry, overstaying leave to enter or remain, or breaching a condition +
-of leave or failure to observe a condition of temporary admission or +
-release. This list is not exhaustive;+
  
-“Incidental Proceedings” means proceedings which are specified +“Incidental Proceedings” means proceedings which are specified ​in regulation 19 of the Criminal Legal Aid (General) Regulations 2013;
-regulation 19 of the Criminal Legal Aid (General) Regulations 2013; +
-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;
- 
 “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 ECrime System in accordance with the Specification. Without limitation, examples of the type of information you must provide to us electronically are:
-Work that you must provide to the Director or us electronically through the +
-ECrime System in accordance with the Specification. Without limitation, +
-examples of the type of information you must provide to us electronically +
-are:+
  
 (a) making applications for determinations (a) making applications for determinations
Line 273: Line 170:
 (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, claiming using the wrong rates, failing to claim post charge Advice and Assistance provided on the same Matter as part of the Standard Fee or claiming for Advocacy Assistance outside the scope of this Specification;​
-Contract and where no discretion arises as to payment. For instance, +
-claiming using the wrong rates, failing to claim post charge Advice and +
-Assistance provided on the same Matter as part of the Standard Fee or +
-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 and amendment of Monthly Payments due under this Specification;​
-on our website, setting out our approach to reconciliation and to review +
-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 Standard Fee Limit; or because the case falls outside the Standard Fee payment scheme;
-assessed by us because your case costs have exceeded the Higher +
-Standard Fee Limit; or because the case falls outside the Standard Fee +
-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 amount allowable. For instance, claiming one hour for an attendance where on Assessment we consider that only 30 minutes would have been reasonable or claiming a Disbursement where we consider that it was not reasonably incurred;
-on Assessment under Section 8, but where discretion arises as to the +
-amount allowable. For instance, claiming one hour for an attendance where +
-on Assessment we consider that only 30 minutes would have been +
-reasonable or claiming a Disbursement where we consider that it was not +
-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  Duty Solicitor available to provide Advice and Assistance at a Police Station;
-telephones Duty Solicitors on a Duty Scheme in sequence to identify a +
-Duty Solicitor available to provide Advice and Assistance at a Police +
-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 12(2)(g) of the Criminal Legal Aid (General) Regulations 2013
-on a Matter which falls under Section 12 and is within scope of regulation +“Parole Board Hearing” means a hearing that is heard before the Parole Board at which that board has the power to direct release;
-12(2)(g) of the Criminal Legal Aid (General) Regulations 2013;+
  
-Parole Board Hearing” means a hearing that is heard before ​the Parole +Police Station Advice and Assistance” means Advice and Assistance given either by Police Station attendance or by Police Station Telephone Advice under section 13 of the Act;
-Board at which that board has the power to direct release;+
  
-“Police Station ​Advice and Assistance” means Advice and Assistance given +“Police Station ​Attendance Fixed Fee” means the fee payable for all work done on the Matter relating to Police Station attendance, including time spent advising the Client, travelling to and from the Police Station ​and waiting in relation to initial and subsequent visits to the Police Station. It also includes all letters and telephone calls and other work done outside the Police Station in relation to a Matter where at least one Police Station attendance has been given;
-either by Police Station attendance ​or by Police Station ​Telephone Advice +
-under section 13 of the Act;+
  
-“Police Station ​Attendance Fixed Fee” means the fee payable for all work +“Police Station ​Qualification” or “PSQ” means the qualification which must be attained before a Solicitor or Counsel or Accredited Representative is eligible ​to provide ​Police Station ​Advice ​and Assistance;
-done on the Matter relating ​to Police Station ​attendance, including time +
-spent advising the Client, travelling to and from the Police Station and +
-waiting in relation to initial and subsequent visits to the Police Station. It +
-also includes all letters and telephone calls and other work done outside +
-the Police Station in relation to a Matter where at least one Police Station +
-attendance has been given;+
  
-“Police Station Qualification” or “PSQ” means the qualification which must +“Police Station Register” means the list maintained by us of all Accredited Representatives;​
-be attained before a Solicitor or Counsel or Accredited Representative is +
-eligible to provide Police Station Advice and Assistance;​ +
-“Police Station Register” means the list maintained by us of all Accredited +
-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 Matter does not also include attendance at the Police Station;
-all telephone calls for a Matter advising the Client in custody for which the +
-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 14(h) of the Act and are listed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013; 
-by Regulations as criminal for the purposes of Legal Aid by virtue of section + 
-14(h) of the Act and are listed under regulation 9 of the Criminal Legal Aid +“Prison Governor” has the meaning given by Rule 2 of the Prison Rules 1999; 
-(General) Regulations 2013; + 
-“Prison Governor” has the meaning given by Rule 2 of the Prison Rules +“Probationary Representative” means a person (including a Solicitor or employed barrister) who is, under the Police Station Register ​ Arrangements 2001 (as amended), registered with us as a Probationary Representative and who has not yet passed the relevant accreditation tests to provide Police Station Advice and Assistance; 
-1999; + 
-“Probationary Representative” means a person (including a Solicitor or +“Protected Party” means a party or intended party who lacks capacity to conduct proceedings in accordance with the Mental Capacity Act 2005; 
-employed barrister) who is, under the Police Station Register + 
-Arrangements 2001 (as amended), registered with us as a Probationary +“Qualifying Criteria” means the criteria outlined in Section 3 and which is used to determine whether an individual is eligible to receive criminal Legal Aid; 
-Representative and who has not yet passed the relevant accreditation tests +
-to provide Police Station Advice and Assistance;​ +
-“Protected Party” means a party or intended party who lacks capacity to +
-conduct proceedings in accordance with the Mental Capacity Act 2005; +
-“Qualifying Criteria” means the criteria outlined in Section 3 and which is +
-used to determine whether an individual is eligible to receive criminal Legal +
-Aid;+
 “Representation” has the meaning given to it in section 42(1) of the Act; “Representation” has the meaning given to it in section 42(1) of the Act;
-“Representation Authority” means us, the court or a court officer or anyone + 
-to whom a function has been delegated under section 5 of the Act; +“Representation Authority” means us, the court or a court officer or anyone to whom a function has been delegated under section 5 of the Act; 
-“Representative” means an Accredited Representative or a Probationary + 
-Representative who is, under the Police Station Register Arrangements +“Representative” means an Accredited Representative or a Probationary Representative who is, under the Police Station Register Arrangements 2001 (as amended), registered with us; 
-2001 (as amended), registered with us; +“Rota” means a list of Duty Solicitors to provide Advice and Assistance or Advocacy Assistance at magistrates’ courts and Police Station Advice and Assistance over a given period; 
-February 2017 + 
-8“Rota” means a list of Duty Solicitors to provide Advice and Assistance or +“Sentence Case” means Advice and Assistance on a Matter, which falls under Section 12 and is within scope of regulation 12(2)(d) of the Criminal Legal Aid (General) Regulations 2013; 
-Advocacy Assistance at magistrates’ courts and Police Station Advice and + 
-Assistance over a given period; +“Serious Service Offence” means an offence under the Armed Forces Act 2006 which cannot be dealt with summarily or which appears to interviewing Services Police to be serious; 
-“Sentence Case” means Advice and Assistance on a Matter, which falls +
-under Section 12 and is within scope of regulation 12(2)(d) of the Criminal +
-Legal Aid (General) Regulations 2013; +
-“Serious Service Offence” means an offence under the Armed Forces Act +
-2006 which cannot be dealt with summarily or which appears to +
-interviewing Services Police to be serious;+
 “Service Standards” means the requirements set out in Section 2; “Service Standards” means the requirements set out in Section 2;
 +
 “Solicitor” means a Solicitor of the Senior Courts of England and Wales; “Solicitor” means a Solicitor of the Senior Courts of England and Wales;
-“Special Request” is a request identified to you as such by the DSCC. + 
-Special Requests may include, for example: requests where Criminal +“Special Request” is a request identified to you as such by the DSCC. Special Requests may include, for example: requests where Criminal Defence Direct consider that, because of a conflict of interest, the request should be handled by you (instead of by a Criminal Defence Direct Telephone Adviser); or considers that Advocacy Assistance is required; or considers that one of the other exceptions in Section 8 applies; 
-Defence Direct consider that, because of a conflict of interest, the request + 
-should be handled by you (instead of by a Criminal Defence Direct +“Standard Fee” means a fee designated as such (and paid in the circumstances set out and at the levels set out) in this Specification;​ 
-Telephone Adviser); or considers that Advocacy Assistance is required; or +
-considers that one of the other exceptions in Section 8 applies; +
-“Standard Fee” means a fee designated as such (and paid in the +
-circumstances set out and at the levels set out) in this Specification;​+
 “Sufficient Benefit Test” has the meaning given to it in Paragraph 3.10; “Sufficient Benefit Test” has the meaning given to it in Paragraph 3.10;
-“Unassigned Counsel” means Counsel or in-house advocate who is not + 
-assigned (within the meaning of regulation 16 and 17 of The Criminal Legal +“Unassigned Counsel” means Counsel or in-house advocate who is not assigned (within the meaning of regulation 16 and 17 of The Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013 under a Representation Order in the magistrates’ court, but who is instructed by you acting under that Representation Order; 
-Aid (Determinations by a Court and Choice of Representative) Regulations + 
-2013 under a Representation Order in the magistrates’ court, but who is +“Undesignated Area Standard Fee” has the meaning given to it in Section ​ 8; 
-instructed by you acting under that Representation Order; + 
-“Undesignated Area Standard Fee” has the meaning given to it in Section +“Unique File Number” or “UFN” means the file number to be allocated by you to a Matter or Case or as otherwise specified in this Specification pursuant to Paragraph 4.40 and in accordance with Paragraph 4.41; 
-8; + 
-“Unique File Number” or “UFN” means the file number to be allocated by +“Unit of Work” and “Unit” means a unit of work described as such in Paragraph 1.3; 
-you to a Matter or Case or as otherwise specified in this Specification + 
-pursuant to Paragraph 4.40 and in accordance with Paragraph 4.41; +“Upper Limit” means a specified maximum amount of costs which may be claimed under a Unit of Work, but which may be extended on application. An Upper Limit operates in the same way as a Costs Limitation; 
-“Unit of Work” and “Unit” means a unit of work described as such in + 
-Paragraph 1.3; +“VHCC” or “Very High Cost Case” has the meaning given to it in the Criminal Remuneration Regulations;​ 
-“Upper Limit” means a specified maximum amount of costs which may be + 
-claimed under a Unit of Work, but which may be extended on application. +“Virtual Court Advocacy Assistance” means Advice and Assistance within the meaning of section 13 of the Act, as set out in the Specification;​ 
-An Upper Limit operates in the same way as a Costs Limitation;​ + 
-“VHCC” or “Very High Cost Case” has the meaning given to it in the +“Virtual Court Appearance Fee” means the appearance fee set out in the Criminal Remuneration Regulations;​ 
-Criminal Remuneration Regulations;​ + 
-“Virtual Court Advocacy Assistance” means Advice and Assistance within +“Virtual Court Duty Solicitor” means a Duty Solicitor who is admitted to a Virtual Court Duty Scheme; and 
-the meaning of section 13 of the Act, as set out in the Specification;​ +“Volunteer” has the meaning set out in regulation 12(3) of the Criminal Legal Aid (General) Regulations 2013. 
-“Virtual Court Appearance Fee” means the appearance fee set out in the +Scope of the Specification 
-Criminal Remuneration Regulations;​ + 
-“Virtual Court Duty Solicitor” means a Duty Solicitor who is admitted to a +1.3 This Specification applies to the following Classes of Work and Units of Work: 
-Virtual Court Duty Scheme; and + 
-February 2017 + 
-9“Volunteer” has the meaning set out in regulation 12(3) of the Criminal +CLASS OF WORK
-Legal Aid (General) Regulations 2013. +
-February 2017 +
-10Scope ​of the Specification +
-1.3 +
-This Specification applies to the following Classes of Work and Units of +
-Work: +
-CLASS OF +
-WORK +
-Criminal +
-Investigations+
 UNIT OF WORK UNIT OF WORK
-Work +Criminal Investigations 
-conducted at +Work conducted at the Police Station
-the Police +
-Station +
-Work +
-conducted +
-outside the +
-Police +
-Station+
 Police Station Advice and Assistance Police Station Advice and Assistance
 +
 +Work conducted outside the Police Station
 Free Standing Advice and Assistance Free Standing Advice and Assistance
-Advocacy Assistance on a warrant of + 
-further detention provided under + 
-section 15(2)(b) of the Act +Advocacy Assistance on a warrant of further detention provided under section 15(2)(b) of the Act 
-Advocacy Assistance for armed forces + 
-custody hearings provided under + 
-section 15(2)(b) of the Act +Advocacy Assistance for armed forces custody hearings provided under section 15(2)(b) of the Act 
-Advocacy Assistance in the + 
-magistrates’ court in connection with + 
-an application to vary police bail +Advocacy Assistance in the magistrates’ court in connection with an application to vary police bail conditions provided under section 15(2)(b) of the Act 
-conditions provided under section + 
-15(2)(b) of the Act + 
-Advocacy Assistance in the +Advocacy Assistance in the magistrates’ court in connection with an application to extend pre-charge bail provided under section 15(2)(b) of the Act
-magistrates’ court in connection with +
-an application to extend pre-charge +
-bail provided under section 15(2)(b) +
-of the Act+
 Criminal Proceedings Criminal Proceedings
-Advocacy Assistance and Advocacy +Advocacy Assistance and Advocacy Assistance by a court Duty Solicitor provided under section 15 (2)(b) of the Act 
-Assistance by a court Duty Solicitor + 
-provided under section 15 (2)(b) of +Advocacy Assistance at the Virtual Court provided under section 15(2)(b) ​ of the Act 
-the Act + 
-Advocacy Assistance at the Virtual +Representation in the magistrates’ court provided under section 16 of the Act 
-Court provided under section + 
-15(2)(b) of the Act +Pre-Order Cover Early Cover
-Representation in the magistrates’ +
-court provided under section 16 of +
-the Act +
-Pre-Order Cover +
-Early Cover+
 Means test form completion Means test form completion
-Representation in Prescribed + 
-Proceedings in the Crown Court other +Representation in Prescribed Proceedings in the Crown Court other than in appeals from the magistrates’ court provided under section 16 of the Act 
-than in appeals from the magistrates’ + 
-court provided under section 16 of +Representation ​in the Crown Court under a Representation Order in mainstream Criminal Proceedings provided under section 16 of the Act 
-the Act + 
-February 2017 +Representation in the High Court or county court 
-11Representation ​in the Crown Court +
-under a Representation Order in +
-mainstream Criminal Proceedings +
-provided under section 16 of the Act +
-Representation in the High Court or +
-county court+
 Representation in the Higher Courts Representation in the Higher Courts
-Representation in relation to + 
-proceedings for breach of injunctions +Representation in relation to proceedings for breach of injunctions arising under Part 1 of the Anti-Social behaviour, Crime and Policing Act 2014
-arising under Part 1 of the Anti-Social +
-behaviour, Crime and Policing Act +
-2014+
 Appeals and Reviews Appeals and Reviews
-Advice and Assistance on appeals +Advice and Assistance on appeals against conviction or sentence (where a newly instructed representative is not covered by an existing determination) or applications to the Criminal Cases Review Commission (CCRC) provided under section 15(2)(c) of the Act 
-against conviction or sentence + 
-(where a newly instructed +Representation on an appeal by way of case stated provided under section 16 of the Act 
-representative is not covered by an + 
-existing determination) or +Representation in the Crown Court under a Representation Order in Prescribed Proceedings on appeal from the magistrates’ court provided under section 16 of the Act
-applications to the Criminal Cases +
-Review Commission (CCRC) provided +
-under section 15(2)(c) of the Act +
-Representation on an appeal by way +
-of case stated provided under section +
-16 of the Act +
-Representation in the Crown Court +
-under a Representation Order in +
-Prescribed Proceedings on appeal +
-from the magistrates’ court provided +
-under section 16 of the Act+
 Prison Law Prison Law
-Sentence Cases – Advice and +Sentence Cases – Advice and Assistance provided under section 15(2)(c) of the Act 
-Assistance provided under section + 
-15(2)(c) of the Act +Disciplinary Cases – Advice and Assistance or Advocacy Assistance provided under section 15(2)(c) of the Act 
-Disciplinary Cases – Advice and + 
-Assistance or Advocacy Assistance +Parole Board Cases – Advice and Assistance or Advocacy Assistance provided under section 15(2)(c) of the Act 
-provided under section 15(2)(c) of +Associated Civil Work carried out under the provisions governing civil Legal Aid in Part 1 of the Act 
-the Act +Legal Help and civil Legal Representation - Proceeds of Crime Act 2002 
-Parole Board Cases – Advice and + 
-Assistance or Advocacy Assistance +Legal Help and civil Legal Representation - judicial review or habeas corpus 
-provided under section 15(2)(c) of + 
-the Act +
-Associated Civil Work +
-carried out under the +
-provisions governing civil +
-Legal Aid in Part 1 of the +
-Act +
-February 2017 +
-Legal Help and civil Legal +
-Representation - Proceeds of Crime +
-Act 2002 +
-Legal Help and civil Legal +
-Representation - judicial review or +
-habeas corpus +
-12Civil Legal Services in relation to +
-proceedings for injunctions sought in +
-respect of alleged anti-social +
-behaviour arising under Part 1 +
-Section 1 of the Anti-Social Behaviour +
-Crime and Policing Act 2014+
 Structure of the Specification Structure of the Specification
-1.4 
-Sections 1 to 8 apply to all Classes of Work. Sections 9 to 13 set out the 
-specific rules which apply to each Unit of Work. Unless otherwise stated, 
-where there is any conflict between Sections 1 to 8 and Sections 9 to 13, 
-Sections 1 to 8 shall take precedence. You will notify us of any conflicts 
-between Sections of which you become aware promptly upon becoming 
-aware of the same. 
  
-Service Standards+1.4 Sections 1 to 8 apply to all Classes of Work. Sections 9 to 13 set out the specific rules which apply to each Unit of Work. Unless otherwise stated, where there is any conflict between Sections 1 to 8 and Sections 9 to 13, Sections 1 to 8 shall take precedence. You will notify us of any conflicts between Sections of which you become aware promptly upon becoming aware of the same. 
 +2. 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 the relevant Class of Work will cease. Any breach of Paragraph 2.1 shall be a Fundamental Breach.
-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 +
-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 Employ a minimum of one Full Time Equivalent Supervisor who meets the supervisor standards set out in Paragraphs 2.20 to 2.21.
-Criminal Investigations and Criminal Proceedings Classes of Work you must +
-Employ a minimum of one Full Time Equivalent Supervisor who meets the +
-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 Equivalent Supervisor who meets the supervisor standards set out in Paragraphs 2.22 to 2.25.
-Prison Law Class of Work you must Employ at least one Full Time +
-Equivalent Supervisor who meets the supervisor standards set out in +
-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  Full Time Equivalent Supervisor who meets the supervisor standards set out in Paragraph 2.26.
-Appeals and Reviews Class of Work only; you must Employ at least one +
-Full Time Equivalent Supervisor who meets the supervisor standards set +
-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 and/or Clients) work from one or any combination of your Offices.
-required for the proper performance of their role such as attending court +
-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 for another Provider.
-individual may not act as a Supervisor for you if they act as a Supervisor +
-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 perform their duties as a Supervisor in a timely manner and with all reasonable skill, care and diligence. ​ Where your Supervisor ceases to  meet the Supervisor standards or fails to perform their duties in the manner described, such member of your personnel must  immediately cease acting as a Supervisor.
-meet the Supervisor standards set out in this Specification or fails to +
-perform their duties as a Supervisor in a timely manner and with all +
-reasonable skill, care and diligence. Where your Supervisor ceases to +
-meet the Supervisor standards or fails to perform their duties in the +
-manner described, such member of your personnel must immediately +
-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 Supervisor. However, the Supervisor must continue to supervise the  deputy Supervisor and have a training and development plan to provide the necessary skills and experience for the deputy Supervisor to become a Supervisor in future
-the Supervisor standards in this Specification to act as their deputy +2.13 Your Supervisor(s) must meet the Supervisor standards in this  Specification at the time of being appointed as Supervisor and continue to do so in any 12 month period thereafter.
-Supervisor. However, the Supervisor must continue to supervise the +
-deputy Supervisor and have a training and development plan to provide +
-the necessary skills and experience for the deputy Supervisor to become a +
-Supervisor in future.+
  
-2.13 Your Supervisor(s) must meet the Supervisor standards in this +2.14 Your Supervisor(s) must take account of any changes in legislation and case law.
-Specification at the time of being appointed as Supervisor and continue to +
-do so in any 12 month period thereafter. +
- +
-2.14 Your Supervisor(s) must take account of any changes in legislation and +
-case law.+
  
 Supervision standards Supervision standards
  
-2.15 +2.15 All Supervisors must meet one of the following supervisory skills ​ standards:
-All Supervisors must meet one of the following supervisory skills +
-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 year in the previous five year period; or
-Earner or Caseworker in the relevant Class of Work for at least one +
-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 previous five year period.
-standard (or any replacement from time to time) in supervising in the +
-previous five year period+
-The supervision standard in this Paragraph 2.15 will be measured as at the +
-time a person becomes a Supervisor and at any point during the Contract +
-Period when we request confirmation that they meet the supervision +
-standards.+
  
-2.16 A Supervisor must ensure that all persons performing Contract Work under +The supervision standard in this Paragraph ​2.15 will be measured as at the time person becomes ​Supervisor and at any point during the Contract ​Period when we request confirmation ​that they meet the supervision standards.
-this Contract have professional legal qualification or, where a +
-professional legal qualification is not required in respect of Contract ​Work, +
-that such persons perform a minimum of 12 hours of Contract Work each +
-week in the relevant Class of Work.+
  
-2.17 Arrangements ​must be in place to ensure that each Supervisor is able to +2.16 A Supervisor ​must ensure that all persons performing Contract Work under this Contract have a professional legal qualification or ​where ​ a professional legal qualification is not required in respect of Contract Workthat such persons perform a minimum of 12 hours of Contract Work each week in the relevant Class of Work.
-conduct their role effectively includingbut not limited to, the following:+
  
-(a) designating time to conduct supervision of each Designated Fee +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:
-Earner or Caseworker;+
  
-(b) designating time to be in Offices where Contract Work is being +(a) designating time to conduct supervision of each Designated Fee Earner or Caseworker;
-conductedand+
  
-(censuring that the level of supervision provided reflects the skills, +(bdesignating time to be in Offices where Contract Work is being conducted; ​and
-knowledge ​and experience of the individual Designated Fee Earner +
-or Caseworker.+
  
-2.18 Each Supervisor must conduct file reviews for each Designated Fee Earner +(c) ensuring that the level of supervision provided reflects ​the skills, knowledge and experience of the individual ​ ​Designated Fee Earner ​ or Caseworker.
-or Caseworker they supervise. The number ​of file reviews must reflect ​the +
-skills, knowledge and experience of the individual. The Supervisor must +
-record the outcome of file reviews, together with the details of corrective +
-action taken (if any).+
  
-2.19 Where a Designated Fee Earner or Caseworker ​undertakes Contract Work +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 skillsknowledge and experience of the individual. The Supervisor must record the outcome of file reviewstogether with the details of corrective action taken (if any).
-in a location other than where their Supervisor is based, the Supervisor +
-must conductas a minimum, face-to-face supervision at least once per +
-calendar month. +
-Supervisor qualification:​ Criminal Investigations and Criminal Proceedings+
  
-2.20 Each Supervisor must during the Contract Period, have in the previous 12 +2.19 Where a Designated Fee Earner or Caseworker undertakes Contract Work in a location other than where their Supervisor is based, the Supervisor must conduct, as a minimum, face-to-face supervision at least once per calendar month. 
-months undertaken at least 350 hours of direct casework which may + 
-include direct (documented) supervision. Where a Supervisor works part- +Supervisor qualification:​ Criminal Investigations and Criminal Proceedings 
-time this requirement is to be read as 1050 hours of direct casework which +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 include direct (documented) supervision. Where a Supervisor works part- 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:
Line 661: Line 379:
 (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 cases (of which no more than two can be Police Station Telephone Advice where there is no subsequent Police Station attendance);​ and
-undertaken a minimum of six Police Station Advice and Assistance +
-cases (of which no more than two can be Police Station Telephone +
-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 a magistrates’ court Duty session with one session counting as one Representation only); or
-advocacy (which may include Representation of a Client during +
-a magistrates’ court Duty session with one session counting as +
-one Representation only); or+
  
-(ii) undertaken +(ii) 
-+undertaken a 
-minimum +minimum of
-of +
-Representations and advocacy +
-Representations and advocacy.+
 10 10
-and 
 magistrates’ magistrates’
-five Crown 
 court court
 +
 +Representations
 +and advocacy
 +and
 +five Crown
 Court Court
 +Representations and advocacy.
  
 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 include direct (documented) supervision. Where a Supervisor works part- time this requirement is to be read as 1050 hours of direct casework which may include direct (documented) supervision in the previous five years.
-months undertaken at least 350 hours of direct casework which may +
-include direct (documented) supervision. Where a Supervisor works part- +
-time this requirement is to be read as 1050 hours of direct casework which +
-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 last 350 hours of direct casework which may include direct (documented) supervision. Where a Supervisor works part-time this requirement is to be read as 1050 hours of direct casework which may include direct (documented) supervision in the previous five years and meet the requirement in Paragraph 2.24.
-Prison Law Supervisor must have in the previous 12 months undertaken at +
-last 350 hours of direct casework which may include direct (documented) +
-supervision. Where a Supervisor works part-time this requirement is to be +
-read as 1050 hours of direct casework which may include direct +
-(documented) supervision in the previous five years and meet the +
-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 or the Independent Adjudicator/​Prison Governor.
-minimum of four Representations for four Clients before the Parole Board +
-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 Specification.
-However, he or she must meet the Supervisor standards in this +
-Specification.+
  
 Supervisor qualification:​ Appeals and Reviews Supervisor qualification:​ Appeals and Reviews
  
-2.26 +2.26 Each Supervisor must: 
-Each Supervisor must:+(a) have held a current non-conditional practising certificate for the previous three years; or
  
-(a) have held a current non-conditional practising certificate for the +(b) during the Contract Period, have in the previous 12 months undertaken at least 350 hours of direct casework which may include direct (documented) supervision. Where a Supervisor works part-  time this requirement is to be read as 1050 hours of direct casework which may include direct (documented) supervision in the previous five years
-previous three years; or +
- +
-(b) during the Contract Period, have in the previous 12 months +
-undertaken at least 350 hours of direct casework which may include +
-direct (documented) supervision. Where a Supervisor works part- +
-time this requirement is to be read as 1050 hours of direct casework +
-which may include direct (documented) supervision in the previous +
-five years+
  
 Temporary Supervisor absence Temporary Supervisor absence
  
-2.27+2.27 If your Supervisor is for any reason temporarily unable to act as such you may for a period of up to six weeks, either:
  
-2.28 +(a) nominate an employed Designated Fee Earner or Caseworker who does not meet all the Supervisor standards set out in this Section to supervise; or
-If your Supervisor is for any reason temporarily unable to act as such you +
-may for a period of up to six weeks, either: +
- +
-(a) nominate an employed Designated Fee Earner or Caseworker who +
-does not meet all the Supervisor standards set out in this Section to +
-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 
-than six weeks, or following completion of the six week temporary period 
-described in Paragraph 2.27 the Supervisor is not able to resume 
-Supervision,​ you must immediately inform us and we will decide at our 
-discretion what appropriate action to take. This may include: 
  
-(a) extending the use of an employed Designated Fee Earner or +2.28 If you estimate that your Supervisor ​may be unable to supervise ​for more than six weeks, or following completion of the six week temporary ​period ​described in Paragraph 2.27 the Supervisor is not able to resume Supervision,​ you must immediately inform us and we will decide at our discretion what appropriate action to take.  This may include:
-Caseworker as Supervisor for a limited ​period;+
  
-(b) formalising the external Supervision arrangement for a limited +(a) extending the use of an employed Designated Fee Earner or Caseworker as Supervisor for a limited period; 
-period;+ 
 +(b) formalising the external Supervision arrangement for a limited ​ ​period;​ 
 + 
 +(c) by written notice specifying that you must put in place another employed Supervisor by such period ​as the notice specifiesor
  
-(c) by written notice specifying that you must put in place another 
-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 Caseworkers.
-of Work only may supervise a maximum of six Designated Fee Earners or +
-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 claim for under this Contract) or only conduct triage (early diagnosis of the Client’s overall legal problem(s)) prior to a matter being opened are not Caseworkers for the purpose of these ratios or otherwise.
-Individuals who only undertake administrative tasks (which you may not +
-claim for under this Contract) or only conduct triage (early diagnosis of the +
-Client’s overall legal problem(s)) prior to a matter being opened are not +
-Caseworkers for the purpose of these ratios or otherwise.+
  
 Designated Fee Earners Designated Fee Earners
 +2.32 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 and must show:
  
-2.32 +(a) whether the fee-earner is a Duty Solicitor, Solicitor, an Accredited Representative,​ a Probationary Representative or other non-Solicitor personnel; and
-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 +
-and must show: +
- +
-(a) whether the fee-earner is a Duty Solicitor, Solicitor, an Accredited +
-Representative,​ a Probationary Representative or other non-Solicitor +
-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 needed to maintain Accredited Representative status.
-maintain a record of the evidence of compliance with the requirements +
-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,​ you must retain the information for all staff together in a single location.
-retained on a personnel file for each Designated Fee Earner. Alternatively,​ +
-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 identifying fee-earners,​ you may disregard any fee-earning work (which may be Contract Work) which is basic or routine, such as the completion of standard forms, making routine telephone calls, and dispatching standard letters. In addition, you do not have to designate staff who only occasionally undertake a limited amount of work i.e. less than three hours a month.
-under this Contract for you. For the purposes of designation only, when +
-identifying fee-earners,​ you may disregard any fee-earning work (which +
-may be Contract Work) which is basic or routine, such as the completion of +
-standard forms, making routine telephone calls, and dispatching standard +
-letters. In addition, you do not have to designate staff who only +
-occasionally undertake a limited amount of work i.e. less than three hours +
-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 Representatives employed by you.
-Supervisors,​ Duty Solicitors, Accredited Representatives and Probationary +
-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 +
-Earners+
  
-2.39+Percentage of Contract Work that must be performed by Designated Fee Earners
  
-2.40 +2.39 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 Fee Earners; and
-attendances and telephone advice) to be conducted by Designated +
-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. + 
-We will assess compliance with Paragraph 2.39 over any period of not less +2.40 We will assess compliance with Paragraph 2.39 over any period of not less than three months (but not exceeding 12 months). However, we will not   ​do so until the number of equivalent cases undertaken or reported is at least 20.
-than three months (but not exceeding 12 months). However, we will not +
-do so until the number of equivalent cases undertaken or reported is at +
-least 20.+
  
 Office requirements Office requirements
  
-2.41 +2.41 Your Offices are specified in your Schedule. Your Schedule will confirm if you are eligible to undertake Duty Solicitor work from each specific Office. 
-Your Offices are specified in your Schedule. Your Schedule will confirm if +2.42 Each Office specified in your Schedule must be located in England or Wales
-you are eligible to undertake Duty Solicitor work from each specific Office. + 
-February 2017 +2.43 You must ensure that there are arrangements in place to ensure compliance with appropriate standards of supervision at an equivalent level to that outlined in the Relevant Professional Body’s code of conduct.
-182.42 Each Office specified in your Schedule must be located in England or +
-Wales.+
  
-2.43 You must ensure that there are arrangements in place to ensure 
-compliance with appropriate standards of supervision at an equivalent level 
-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 Day and be permanently staffed by a representative of your organisation (who need not be directly employed by you) for the purpose of arranging appointments and other meetings and where appropriate arranging advice in emergency cases;
-interested parties during normal Business Hours on each Business +
-Day and be permanently staffed by a representative of your +
-organisation (who need not be directly employed by you) for the +
-purpose of arranging appointments and other meetings and where +
-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 +
-Work; and+
  
-(gmeet any relevant health and safety standards, quality standards,​ +(fcontain sufficient infrastructure to enable you to deliver ​Contract ​Work; and
-service standards together with additional standards set out in this +
-Contract.+
  
 +(g) meet any relevant health and safety standards, quality standards, service standards together with additional standards set out in this 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 as Client files must be secure and meet Data Protection Legislation,​ Legal Aid Legislation and your professional obligations. 
-Every Office which is used for the storage of confidential information such +
-as Client files must be secure and meet Data Protection Legislation,​ Legal +
-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 services provider’s premises or in a serviced office arrangement you must have a right of access to the Office at all times during Business Hours for the purpose of providing face-to-face legal services at that Office. Any breach of this Paragraph is a Fundamental Breach and we may serve a notice on you terminating your Contract;
-Where you operate an Office in a shared building such as another legal +
-services provider’s premises or in a serviced office arrangement you must +
-have a right of access to the Office at all times during Business Hours for +
-the purpose of providing face-to-face legal services at that Office. Any +
-breach of this Paragraph is a Fundamental Breach and we may serve a +
-notice on you terminating your Contract; +
-Contacting your Office(s)+
  
-2.47 +Contacting your Office(s)
-During Business Hours Clients or prospective Clients who telephone must +
-be able to arrange appointments and other meetings and where +
-appropriate arranging advice in emergency cases.+
  
-2.48 During non-Business Hours Clients or prospective Clients who telephone +2.47 During Business Hours Clients or prospective Clients who telephone must  be able to arrange appointments and other meetings and where appropriate arranging advice in emergency cases. 
-must be able to access information about opening hours and who to +2.48 During non-Business Hours Clients or prospective Clients who telephone 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 system.
-contact in an emergency. This may be by use of a voice mail message +
-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 instructions.
-the DSCC for the purpose of notification of Own Client matters or receipt of +
-instructions.+
  
 Excluded Arrangements Excluded Arrangements
  
-2.52 +2.52 The following locations do not constitute an Office for the purposes of this Contract:
-The following locations do not constitute an Office for the purposes of this +
-Contract:+
  
 (a) hotels; (a) hotels;
Line 927: Line 533:
 (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 another location;
-communication (written, electronic or by telephone) is referred to +
-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 Paragraph 2.44; or 
-exclusive use of a designated space meeting the requirements of + 
-Paragraph 2.44; or+(f) serviced premises, shared premises or similar which are not staffed by a representative of your organisation (whether employed by you  or not) who is able to arrange appointments and other meetings and where appropriate arranging advice in emergency cases.
  
-(f) serviced premises, shared premises or similar which are not staffed 
-by a representative of your organisation (whether employed by you 
-or not) who is able to arrange appointments and other meetings and 
-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 your Schedule during the life of this Contract. If we consent, we will update your Schedule to show your new Office address.
-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 to show your new Office address.+
  
 2.54 If we give our consent: 2.54 If we give our consent:
Line 950: Line 547:
 (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 +
-your original Office address where your new Office address is also +
-within the geographical ambit of that Scheme; and+
  
-(d) you will not be eligible ​to join any additional or new Duty Scheme ​by +(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 within the geographical ambit of that Scheme; and
-virtue of your new Office address.+
  
 +(d) you will not be eligible to join any additional or new Duty Scheme by virtue of your new Office address.
 Referral arrangements Referral arrangements
  
-2.55 +2.55 You must have appropriate arrangements in operation so that you  can refer a Client or potential Client to another Provider where:
-You must have appropriate arrangements in operation so that you can +
-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 relationship,​ have undertaken work on a current case or hold case information or documents, you must inform the Client of any cost implication of referral. Information about Advice and Assistance already given and any relevant documentation must be forwarded to the new Provider. 
 + 
 +2.57 Where you make a referral to another Provider you must ensure, so far as practicable,​ that the Provider is authorised by us to provide services in the Category of Law or Class most relevant to the Client’s problem. 
 + 
 +2.58 Where you refer an existing Client, such referral should be undertaken in a manner which does not prejudice the Client. You must also keep the Client informed in respect of the progress of such referral. If you are unable (or cease to be able) to perform Contract Work for Clients and you are unable to make any referral to another Provider, your procedures must ensure that you make reasonable endeavours to ensure that your Clients’ rights are protected, that they suffer no damage and they are provided with all relevant information.
  
-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 
-information or documents, you must inform the Client of any cost 
-implication of referral. Information about Advice and Assistance already 
-given and any relevant documentation must be forwarded to the new 
-Provider. 
-2.57 Where you make a referral to another Provider you must ensure, so far as 
-practicable,​ that the Provider is authorised by us to provide services in the 
-Category of Law or Class most relevant to the Client’s problem. 
-2.58 Where you refer an existing Client, such referral should be undertaken in a 
-manner which does not prejudice the Client. You must also keep the Client 
-informed in respect of the progress of such referral. If you are unable (or 
-cease to be able) to perform Contract Work for Clients and you are unable 
-to make any referral to another Provider, your procedures must ensure 
-that you make reasonable endeavours to ensure that your Clients’ rights 
-are protected, that they suffer no damage and they are provided with all 
-relevant information. 
 KPIs KPIs
-2.59 The KPIs are set out in the table in Paragraph 2.65. However, if you do not + 
-satisfy a KPI we will not apply any Sanction unless this is authorised under +2.59 The KPIs are set out in the table in Paragraph 2.65. However, if you do not satisfy a KPI we will not apply any Sanction unless this is authorised under the procedures set out in Clause 11. 
-the procedures set out in Clause 11. + 
-2.60 The KPIs depend on fair and accurate recording and reporting to us. You +2.60 The KPIs depend on fair and accurate recording and reporting to us. You must ensure you report appropriately in accordance with our forms and Contract Guide. Material or persistent failure to report outcomes appropriately may lead to Sanctions under Clause 24. 
-must ensure you report appropriately in accordance with our forms and + 
-Contract Guide. Material or persistent failure to report outcomes +2.61 KPIs must be complied with both by your organisation as a whole and also by any Office for which we have issued you with a Schedule. 
-appropriately may lead to Sanctions under Clause 24. + 
-2.61 KPIs must be complied with both by your organisation as a whole and also +2.62 When assessing compliance with KPI 1 we will consider all relevant cases concluded and reported by you over any period of not less than three months (but not exceeding 12 months). We will consider cases over a period longer than three months if there are insufficient cases to satisfy ​ the minimum volumes set out in Paragraph 2.64 or, if we are not satisfied that the volume of cases concluded within three months is sufficient to reach conclusions about your KPI compliance. 
-by any Office for which we have issued you with a Schedule. +2.63 Where we have assessed your compliance with KPI 1 over a period (“the first period”) under Paragraph 2.62, in any future assessment of your compliance with that KPI we will not take into account any period which overlaps with the first period. 
-2.62 When assessing compliance with KPI 1 we will consider all relevant cases + 
-concluded and reported by you over any period of not less than three +2.64 The minimum volume of cases we will take into account for the purposes of KPI 1 will be 20. 
-months (but not exceeding 12 months). We will consider cases over a + 
-period longer than three months if there are insufficient cases to satisfy +2.65 KPIs will be based on cases concluded within the Contract Period, including those started under any Previous Contract (where applicable). 
-the minimum volumes set out in Paragraph 2.64 or, if we are not satisfied + 
-that the volume of cases concluded within three months is sufficient to +
-reach conclusions about your KPI compliance. +
-February 2017 +
-212.63 Where we have assessed your compliance with KPI 1 over a period (“the +
-first period”) under Paragraph 2.62, in any future assessment of your +
-compliance with that KPI we will not take into account any period which +
-overlaps with the first period. +
-2.64 The minimum volume of cases we will take into account for the purposes of +
-KPI 1 will be 20. +
-2.65 KPIs will be based on cases concluded within the Contract Period, including +
-those started under any Previous Contract (where applicable).+
 KPI KPI
-Number The Key Performance Indicators that you must meet in +Number 
-performing Contract Work in any three month rolling +The Key Performance Indicators that you must meet in performing Contract Work in any three month rolling period 
-period +1 
-1 To avoid a reduction of more than 15% of your costs on +To avoid a reduction of more than 15% of your costs on Assessment on any of your Claims for: 
-Assessment on any of your Claims for: +
- +
- +
- +
- +
- +
-+
 Police Station Advice and Assistance (Escape Fee Cases); Police Station Advice and Assistance (Escape Fee Cases);
 Free Standing Advice and Assistance Claims; Free Standing Advice and Assistance Claims;
Line 1037: Line 597:
 Magistrates’ court non-Standard Fees; Magistrates’ court non-Standard Fees;
 Prison Law Escape Fee Cases; Prison Law Escape Fee Cases;
-Prison Law non-Standard Fees . +Prison Law non-Standard Fees. 
-If your costs are reduced by more than 15% on Assessment in + 
-any 3 month rolling period, then you have not met KPI 1.+If your costs are reduced by more than 15% on Assessment in any 3 month rolling period, then you have not met KPI 1.
 2 2
-To accept and deal appropriately with a minimum of 90% of +To accept and deal appropriately with a minimum of 90% of communications (howsoever received) from the DSCC for  Police Station Advice and Assistance when you are  the allocated Provider on a Duty Solicitor Scheme Rota. 
-communications (howsoever received) from the DSCC for + 
-Police Station Advice and Assistance when you are the +If you do not accept 90% of communications from the DSCC in any three month rolling period when you are the allocated Provider on a Rota, then you have not met KPI 2.
-allocated Provider on a Duty Solicitor Scheme Rota. +
-If you do not accept 90% of communications from the DSCC in +
-any three month rolling period when you are the allocated +
-Provider on a Rota, then you have not met KPI 2.+
 3 3
 Where you are a member of a Virtual Court Duty Scheme: Where you are a member of a Virtual Court Duty Scheme:
-To ensure your Duty Solicitors accept a minimum of 90% of + 
-the calls you receive to attend a Virtual Court hearing. +To ensure your Duty Solicitors accept a minimum of 90% of the calls you receive to attend a Virtual Court hearing. 
-If you do not accept 90% of the communications you receive in + 
-any three month rolling period when you are the allocated +If you do not accept 90% of the communications you receive in any three month rolling period when you are the allocated Provider on a Rota, then you have not met KPI 3.
-Provider on a Rota, then you have not met KPI 3.+
 4 4
-February 2017 +To ensure that 95% or more of your Cases conclude before ​ any change of Provider under the Contract. 
-To ensure that 95% or more of your Cases conclude before +3. Qualifying Criteria General Criteria 
-any change of Provider under the Contract. +3.1 Each Unit of Work may be subject to Qualifying Criteria as set out below. When a Unit of Work is subject to Qualifying Criteria, you must apply it in the following circumstances:​ 
-223. +
-Qualifying Criteria +
-General Criteria +
-3.1 +
-Each Unit of Work may be subject to Qualifying Criteria as set out below. +
-When a Unit of Work is subject to Qualifying Criteria, you must apply it in +
-the following circumstances:​+
 (a) when the application from the prospective Client is made to you; and (a) when the application from the prospective Client is made to you; and
-(b) (except in relation to the Financial Eligibility Tests) when further + 
-Contract Work is provided throughout the Matter or Case. +(b) (except in relation to the Financial Eligibility Tests) when further Contract Work is provided throughout the Matter or Case. 
-3.2 You must refuse to act in respect of any work that does not meet the + 
-relevant Qualifying Criteria. +3.2 You must refuse to act in respect of any work that does not meet the relevant Qualifying Criteria. 
-3.3 In applying the Qualifying Criteria, you must have regard to any Contract + 
-Guide.+3.3 In applying the Qualifying Criteria, you must have regard to any Contract Guide. 
 3.4 The Qualifying Criteria are: 3.4 The Qualifying Criteria are:
 +
 (a) Financial Eligibility Test; and/or (a) Financial Eligibility Test; and/or
 +
 (b) the “Sufficient Benefit Test”; and/or (b) the “Sufficient Benefit Test”; and/or
 +
 (c) the “Interests of Justice Test”; and/or (c) the “Interests of Justice Test”; and/or
-(d) additional eligibility criteria as set out for each Unit of Work in + 
-Sections 9 to 13.+(d) additional eligibility criteria as set out for each Unit of Work in Sections 9 to 13. 
 Financial Eligibility Financial Eligibility
-3.5 Where Financial Eligibility Tests apply to the provision of Advice and + 
-Assistance or Advocacy Assistance in this Specification,​ satisfactory +3.5 Where Financial Eligibility Tests apply to the provision of Advice and Assistance or Advocacy Assistance in this Specification,​ satisfactory evidence as described in the Contract Guide must be provided to you by the Client before you assess their financial eligibility,​ subject to  Paragraph 
-evidence as described in the Contract Guide must be provided to you by +3.6.  The evidence (or a copy of it) must be retained on the file. 
-the Client before you assess their financial eligibility,​ subject to Paragraph + 
-3.6. The evidence (or a copy of it) must be retained on the file. +3.6 You may assess the prospective Client’s means without the accompanying evidence only where: 
-3.6 You may assess the prospective Client’s means without the accompanying + 
-evidence only where: +(a) it is not practicable to obtain it before commencing the Contract Work; or 
-3.7 +
-(a) it is not practicable to obtain it before commencing the Contract +
-Work; or+
 (b) pre-signature telephone advice is given; or (b) pre-signature telephone advice is given; or
-(c) exceptionally,​ the personal circumstances of the Client make it + 
-impracticable for the evidence to be supplied at any point during the +(c) exceptionally,​ the personal circumstances of the Client make it impracticable for the evidence to be supplied at any point during the Matter or Case. 
-Matter or Case. + 
-Unless Paragraph 3.6(c) applies, you must require the Client to provide the +3.7 Unless Paragraph 3.6(c) applies, you must require the Client to provide the evidence as soon as practicable. If satisfactory evidence as described in  the Contract Guide of the Client’s financial circumstances is not subsequently supplied, then work which is payable by Fixed Fee or Standard Fee may not be claimed. Where work is payable on an Hourly Rates basis, any work carried out by you above two hours cannot be claimed by you as Contract Work. In such circumstances,​ a note must be made on file. 
-evidence as soon as practicable. If satisfactory evidence as described in +3.8 You may accept clean copies of any evidence described in the Contract Guide as satisfactory evidence. The evidence must be supplied in relation to both the Client and his or her partner if their means are aggregated. 
-the Contract Guide of the Client’s financial circumstances is not + 
-subsequently supplied, then work which is payable by Fixed Fee or +3.9 Time spent applying Financial Eligibility Tests and completing the appropriate application form(s) is not remunerated under this Contract unless this Specification provides otherwise, or a fee is claimable under Criminal Remuneration Regulations. 
-Standard Fee may not be claimed. Where work is payable on an Hourly +
-Rates basis, any work carried out by you above two hours cannot be +
-claimed by you as Contract Work. In such circumstances,​ a note must be +
-made on file. +
-February 2017 +
-233.8 You may accept clean copies of any evidence described in the Contract +
-Guide as satisfactory evidence. The evidence must be supplied in relation +
-to both the Client and his or her partner if their means are aggregated. +
-3.9 Time spent applying Financial Eligibility Tests and completing the +
-appropriate application form(s) is not remunerated under this Contract +
-unless this Specification provides otherwise, or a fee is claimable under +
-Criminal Remuneration Regulations.+
 The Sufficient Benefit Test The Sufficient Benefit Test
 +
 Advice and Assistance Advice and Assistance
-3.10 + 
-The Sufficient Benefit Test for Advice and Assistance is set out below and +3.10 The Sufficient Benefit Test for Advice and Assistance is set out below and must be satisfied in order to provide Advice and Assistance under this Contract. 
-must be satisfied in order to provide Advice and Assistance under this + 
-Contract. +Advice and Assistance may only be provided on legal issues concerning English (or Welsh) law and where there is sufficient benefit to the Client, having regard to the circumstances of the matter, including the personal circumstances of the Client, to  justify work or further work being carried out. 
-Advice and Assistance may only be provided on legal issues + 
-concerning English (or Welsh) law and where there is sufficient +3.11 This test applies both when the application is granted by you and when further Advice and Assistance is provided throughout the Matter. It must therefore be considered whenever work is carried out on  the  Matter. Prison Law has a more detailed Sufficient Benefit Test which is set out in Section 12 and which must be applied when undertaking work in the Prison Law Class. 
-benefit to the Client, having regard to the circumstances of the + 
-matter, including the personal circumstances of the Client, to +3.12 If it becomes apparent that the Sufficient Benefit Test is no longer satisfied then the Advice and Assistance must cease and the Client must be so advised. 
-justify work or further work being carried out. + 
-3.11 This test applies both when the application is granted by you and when +3.13 You must not claim for Advice and Assistance where the Client is seeking advice on non-legal issues. In such cases, you should generally refuse to provide Advice and Assistance at all or, if necessary, cease to provide Advice and Assistance once the issue becomes clear, which would often be at the first interview. 
-further Advice and Assistance is provided throughout the Matter. It must + 
-therefore be considered whenever work is carried out on the Matter. +3.14 You must not carry out Contract Work, beyond taking initial instructions and advising the Client of his or her options, unless on the evidence available to you at the time the Advice and Assistance is being provided, the Client’s case involves a legal issue. 
-Prison Law has a more detailed Sufficient Benefit Test which is set out in + 
-Section 12 and which must be applied when undertaking work in the Prison +3.15 You must also apply the Sufficient Benefit Test to determine the extent of the advice that is required (including whether an attendance is necessary and the length of time which should be spent). 
-Law Class. + 
-3.12 If it becomes apparent that the Sufficient Benefit Test is no longer satisfied +3.16 In relation to Police Station Advice and Assistance the Sufficient Benefit Test is satisfied automatically where a Client has a right to legal advice or  is a Volunteer under PACE or the equivalent legislation applying to the armed forces in the case of military investigations. This only applies to initial advice at the Police Station and you must still apply the test to determine the extent of the advice, which is required. 
-then the Advice and Assistance must cease and the Client must be so +
-advised. +
-3.13 You must not claim for Advice and Assistance where the Client is seeking +
-advice on non-legal issues. In such cases, you should generally refuse to +
-provide Advice and Assistance at all or, if necessary, cease to provide +
-Advice and Assistance once the issue becomes clear, which would often be +
-at the first interview. +
-3.14 You must not carry out Contract Work, beyond taking initial instructions +
-and advising the Client of his or her options, unless on the evidence +
-available to you at the time the Advice and Assistance is being provided, +
-the Client’s case involves a legal issue. +
-3.15 You must also apply the Sufficient Benefit Test to determine the extent of +
-the advice that is required (including whether an attendance is necessary +
-and the length of time which should be spent). +
-3.16 In relation to Police Station Advice and Assistance the Sufficient Benefit +
-Test is satisfied automatically where a Client has a right to legal advice or +
-is a Volunteer under PACE or the equivalent legislation applying to the +
-armed forces in the case of military investigations. This only applies to +
-initial advice at the Police Station and you must still apply the test to +
-determine the extent of the advice, which is required.+
 Advocacy Assistance Advocacy Assistance
-February 2017 +3.17 Before commencing Advocacy Assistance on an Own Client Matter, you must apply one of the following tests (where appropriate):​ 
-243.17 + 
-Before commencing Advocacy Assistance on an Own Client Matter, you +(a) you must refuse to make a determination that an individual qualifies for Advocacy Assistance if it appears unreasonable that a determination should be made in  the  particular ​ circumstances ​ of the case. When determining whether an individual qualifies for Advocacy Assistance, the interests of justice, prospects of  success and merits of making a determination should be taken into account ​ as well as whether the Client has reasonable grounds for contesting the proceedings;​ or 
-must apply one of the following tests (where appropriate):​ + 
-(a) you must refuse to make a determination that an individual qualifies +(b) if the relevant Qualifying Criteria are not met, then you must not make a determination that an individual qualifies for Advocacy Assistance. 
-for Advocacy Assistance if it appears unreasonable that a +
-determination should be made in the particular circumstances of +
-the case. When determining whether an individual qualifies for +
-Advocacy Assistance, the interests of justice, prospects of success +
-and merits of making a determination should be taken into account +
-as well as whether the Client has reasonable grounds for contesting +
-the proceedings;​ or +
-(b) if the relevant Qualifying Criteria are not met, then you must not +
-make a determination that an individual qualifies for Advocacy +
-Assistance.+
 Independent Funding Adjudicator Independent Funding Adjudicator
-3.18 You must notify the Client of the right to apply to the Independent Funding + 
-Adjudicator for a review of your decision not to make a determination that +3.18 You must notify the Client of the right to apply to the Independent Funding Adjudicator for a review of your decision not to make a determination that the Client qualifies for, or to withdraw Advocacy Assistance, or our decision not to extend the relevant Upper Limit (see Section 5). If your Client decides to do this, you must inform him or her of the time limit and the approved form required and must keep a record of this on file. 
-the Client qualifies for, or to withdraw Advocacy Assistance, or our decision + 
-not to extend the relevant Upper Limit (see Section 5). If your Client +3.19 Where work is undertaken within Associated Civil Work, the applicable rights of review are those set out in the current civil specification,​ the Civil Procedure Regulations and not under this Contract. Applications to the Independent Funding Adjudicator are subject to the rules set out in the Civil Procedure Regulations. 
-decides to do this, you must inform him or her of the time limit and the + 
-approved form required and must keep a record of this on file. +3.20 You must inform the Client that a refusal to make a determination in the Client’s favour in the magistrates’ court may be reviewed in accordance with the Criminal Financial Regulations (if the refusal relates to the Client being financially ineligible),​ or the Criminal Legal Aid (General) Regulations 2013 (if the refusal is on the grounds that the Interests of Justice do not require Representation before the magistrates’ court). 
-3.19 Where work is undertaken within Associated Civil Work, the applicable +4. Carrying out Contract Work General Powers 
-rights of review are those set out in the current civil specification,​ the Civil +4.1 For Advice and Assistance, Advocacy Assistance and Legal Help under Associated Civil Work, the decisions to provide legal services are taken by you on behalf of the Director in accordance with an Authorisation. 
-Procedure Regulations and not under this Contract. Applications to the +
-Independent Funding Adjudicator are subject to the rules set out in the +
-Civil Procedure Regulations. +
-3.20 You must inform the Client that a refusal to make a determination in the +
-Client’s favour in the magistrates’ court may be reviewed in accordance +
-with the Criminal Financial Regulations (if the refusal relates to the Client +
-being financially ineligible),​ or the Criminal Legal Aid (General) Regulations +
-2013 (if the refusal is on the grounds that the Interests of Justice do not +
-require Representation before the magistrates’ court). +
-February 2017 +
-254. +
-Carrying out Contract Work +
-General Powers +
-4.1 +
-For Advice and Assistance, Advocacy Assistance and Legal Help under +
-Associated Civil Work, the decisions to provide legal services are taken by +
-you on behalf of the Director in accordance with an Authorisation.+
 Delegated Functions Delegated Functions
-4.2 Delegated Functions extend to all Contract Work and must be exercised by + 
-you on behalf of the Director in accordance with the terms of an +4.2 Delegated Functions extend to all Contract Work and must be exercised by you on behalf of the Director in accordance with the terms of an Authorisation. 
-Authorisation. + 
-4.3 The Director may remove any Delegated Functions in accordance with an +4.3 The Director may remove any Delegated Functions in accordance with an Authorisation. 
-Authorisation. + 
-4.4 Subject to Paragraphs 4.2 and 4.3 above, you may carry out the following +4.4 Subject to Paragraphs 4.2 and 4.3 above, you may carry out the following actions on  behalf of the Director in accordance with an Authorisation:​ 
-actions on behalf of the Director in accordance with an Authorisation:​ + 
-4.5 +(a) accept an application directly from a Child under Paragraphs 4.28 to 4.30; 
-(a) accept an application directly from a Child under Paragraphs 4.28 to + 
-4.30; +(b) accept an application on behalf of a Child or Protected Party under Paragraphs 4.25 to 4.27; 
-(b) accept an application on behalf of a Child or Protected Party under + 
-Paragraphs 4.25 to 4.27; +(c) accept an application by post where permitted in this Specification for particular Units of Work; 
-(c) accept an application by post where permitted in this Specification for + 
-particular Units of Work; +(d) accept an application for Advice and Assistance from a Client who has received Advice and Assistance from you or another Provider within six months where permitted in this Specification for particular Units  of Work; 
-(d) accept an application for Advice and Assistance from a Client who has +
-received Advice and Assistance from you or another Provider within +
-six months where permitted in this Specification for particular Units +
-of Work;+
 (e) grant (or refuse to grant) Advocacy Assistance; (e) grant (or refuse to grant) Advocacy Assistance;
-(f) authorise the instruction of Counsel or in-house advocate when + 
-Advocacy Assistance is given as permitted under this Specification;​ +(f) authorise the instruction of Counsel or in-house advocate when Advocacy Assistance is given as permitted under this Specification;​ 
-(g) grant, refuse, amend or refuse to amend a determination that a + 
-Client qualifies for authorised Representation provided on an +(g) grant, refuse, amend or refuse to amend a determination that a  Client qualifies for authorised Representation provided on an emergency basis in Associated Civil Work. This power does  not extend to judicial review proceedings unless we so authorise, and is subject to any relevant Lord Chancellor’s Guidance and does not  allow you to grant an application on the ground that the case has a significant wider public interest. Decisions on significant public interest are taken by us; and 
-emergency basis in Associated Civil Work. This power does not + 
-extend to judicial review proceedings unless we so authorise, and is +(h) amend or refuse to amend certain limitations to which a determination in respect of Legal Representation made in Associated Civil Work is subject. This power is subject to any relevant Lord Chancellor’s Guidance. 
-subject to any relevant Lord Chancellor’s Guidance and does not + 
-allow you to grant an application on the ground that the case has a +4.5 You must exercise the Delegated Functions in every appropriate case and the decision may not be referred to your Contract Manager although advice may be sought in cases of difficulty or doubt, especially when the Contract Guide does not cover the particular situation. 
-significant wider public interest. Decisions on significant public +4.6 The Delegated Functions described in Paragraph 4.4 are available provided they have not been removed by notice to you and are only available in a Unit of Work, which you are authorised to perform (as indicated by your Schedule) in accordance with an Authorisation. 
-interest are taken by us; and + 
-(h) amend or refuse to amend certain limitations to which a +4.7 When you exercise a Delegated Function, you must provide such details of the reasons justifying the exercise of the Delegated Function as may be required by an Authorisation. 
-determination in respect of Legal Representation made in Associated +
-Civil Work is subject. This power is subject to any relevant Lord +
-Chancellor’s Guidance. +
-You must exercise the Delegated Functions in every appropriate case and +
-the decision may not be referred to your Contract Manager although advice +
-may be sought in cases of difficulty or doubt, especially when the Contract +
-Guide does not cover the particular situation. +
-February 2017 +
-264.6 The Delegated Functions described in Paragraph 4.4 are available provided +
-they have not been removed by notice to you and are only available in a +
-Unit of Work, which you are authorised to perform (as indicated by your +
-Schedule) in accordance with an Authorisation. +
-4.7 When you exercise a Delegated Function, you must provide such details of +
-the reasons justifying the exercise of the Delegated Function as may be +
-required by an Authorisation.+
 Mandatory Electronic working Mandatory Electronic working
-4.8 All communications with the Director or us relating to Contract Work must + 
-be made electronically unless we have notified you that we are prepared to +4.8 All communications with the Director or us relating to Contract Work must be made electronically unless we have notified you that we are prepared to receive communications on paper or otherwise. 
-receive communications on paper or otherwise. + 
-4.9 Mandatory Electronic Working is in force under this Contract and the +4.9 Mandatory Electronic Working is in force under this Contract and  the ECrime System is our primary method of communication with you for Contract Work. You will submit associated evidence or requested documentation to the Director and/or us in any manner we may reasonably specify. 
-ECrime System is our primary method of communication with you for +
-Contract Work. You will submit associated evidence or requested +
-documentation to the Director and/or us in any manner we may reasonably +
-specify.+
 4.10 Pursuant to Paragraph 4.9: 4.10 Pursuant to Paragraph 4.9:
-(a) we or the Director may reject any evidence you provide to us which + 
-is not submitted in the form we or the Director require; +(a) we or the Director may reject any evidence you provide to us which is not submitted in the form we or the Director require; 
-(b) where we or the Director request copies of original documentation,​ + 
-you must make a copy(scanned or photocopy) of the original +(b) where we or the Director request copies of original documentation,​ you must make a copy(scanned or photocopy) of the original evidence; 
-evidence; + 
-(c) where we ask you to obtain a declaration from your Client we will +(c) where we ask you to obtain a declaration from your Client we will require you to retain a copy of the original declaration and Client signature on your file. We may request the original signed declaration at any time during or after the Contract Period but no later than six years from the date the Contract ends; and 
-require you to retain a copy of the original declaration and Client + 
-signature on your file. We may request the original signed declaration +(d) you must keep copies of any evidence you could be reasonably expected to retain as evidence of work conducted on the case. We may request the evidence at any time during or after the Contract Period but no later than six years from the date the Contract ends. 
-at any time during or after the Contract Period but no later than six +
-years from the date the Contract ends; and +
-(d) you must keep copies of any evidence you could be reasonably +
-expected to retain as evidence of work conducted on the case. We +
-may request the evidence at any time during or after the Contract +
-Period but no later than six years from the date the Contract ends.+
 Use of Agents, Counsel and Approved Third Parties Use of Agents, Counsel and Approved Third Parties
-4.11 You may instruct Agents, Counsel or Approved Third Parties to carry out or + 
-assist with Contract Work where you are satisfied that it is in the interests +4.11 You may instruct Agents, Counsel or Approved Third Parties to carry out or assist with Contract Work where you are satisfied that it is in the interests of your Client to do so, subject to your compliance with Clause 3. 
-of your Client to do so, subject to your compliance with Clause 3. + 
-4.12 You may not entrust an entire Matter or Case to Agents or Counsel save for +4.12 You may not entrust an entire Matter or Case to Agents or Counsel save for Police Station Advice and Assistance Matters, where you may as provided in this Contract, subject to your compliance with Clause 3 of the Standard Terms. 
-Police Station Advice and Assistance Matters, where you may as provided + 
-in this Contract, subject to your compliance with Clause 3 of the Standard +4.13 Where you instruct an Agent or Counsel you may Claim payment for the work as if you had carried it out directly in accordance with the terms of this Specification. Where you instruct an Agent or Counsel to carry out services which are covered by a Fixed Fee, Standard Fee or Graduated Fee, any fees or costs related to your use of the Agent or Counsel will be included in the Fixed Fee, Standard Fee or Graduated Fee and may not be claimed separately. ​ This Paragraph does not apply to Assigned Counsel. 
-Terms. +4.14 It is your responsibility to pay the Agent’s or Counsel’s fees directly, out of the amount you receive from us by way of the Fixed Fee, Standard Fee or the Graduated Fee. The fee which you agree to pay the Agent or Counsel may not be included in your calculation of costs to determine whether a case is claimable as an Escape Fee Case. This Paragraph does not apply to Assigned Counsel. 
-4.13 Where you instruct an Agent or Counsel you may Claim payment for the + 
-work as if you had carried it out directly in accordance with the terms of +4.15 You must not rely on the use of any Agent or Counsel as evidence of satisfying any of the Service Standards in this Specification. 
-this Specification. Where you instruct an Agent or Counsel to carry out +
-services which are covered by a Fixed Fee, Standard Fee or Graduated Fee, +
-any fees or costs related to your use of the Agent or Counsel will be +
-included in the Fixed Fee, Standard Fee or Graduated Fee and may not be +
-claimed separately. This Paragraph does not apply to Assigned Counsel. +
-February 2017 +
-274.14 It is your responsibility to pay the Agent’s or Counsel’s fees directly, out of +
-the amount you receive from us by way of the Fixed Fee, Standard Fee or +
-the Graduated Fee. The fee which you agree to pay the Agent or Counsel +
-may not be included in your calculation of costs to determine whether a +
-case is claimable as an Escape Fee Case. This Paragraph does not apply to +
-Assigned Counsel. +
-4.15 You must not rely on the use of any Agent or Counsel as evidence of +
-satisfying any of the Service Standards in this Specification.+
 In-house advocates In-house advocates
-4.16 An in-house advocate (either a barrister or Solicitor with higher court + 
-advocacy rights) whether employed by you or another Provider may be +4.16 An in-house advocate (either a barrister or Solicitor with higher court advocacy rights) whether employed by you or another Provider may be instructed to give an opinion or to perform advocacy. 
-instructed to give an opinion or to perform advocacy. + 
-4.17 An in-house advocate instructed by you to give an opinion must be from a +4.17 An in-house advocate instructed by you to give an opinion must be from a different organisation from your instructing Solicitor unless undertaking advocacy on the same case. The use of such an advocate who must not be a partner in, or employed by, or a consultant to your organisation will ensure that any opinion obtained is independent and objective (in the  same way that an external opinion would be). 
-different organisation from your instructing Solicitor unless undertaking + 
-advocacy on the same case. The use of such an advocate who must not be +4.18 Opinions from in-house advocates must comply with the Relevant Professional Bodies’ guidelines. They must also be dated and state the advocate’s name and, if a Solicitor, include a statement confirming that they have higher court advocacy rights. 
-a partner in, or employed by, or a consultant to your organisation will +
-ensure that any opinion obtained is independent and objective (in the +
-same way that an external opinion would be). +
-4.18 Opinions from in-house advocates must comply with the Relevant +
-Professional Bodies’ guidelines. They must also be dated and state the +
-advocate’s name and, if a Solicitor, include a statement confirming that +
-they have higher court advocacy rights.+
 4.19 Instructions to in-house advocates must: 4.19 Instructions to in-house advocates must:
-(a) include a copy of the Representation Order and any amendments to it + 
-and any authorities to incur costs; and +(a) include a copy of the Representation Order and any amendments to it and any authorities to incur costs; and 
-(b) be endorsed with the reference number of the Representation Order + 
-and the Unique File Number, but no fees will be marked on any set of +(b) be endorsed with the reference number of the Representation Order and the Unique File Number, but no fees will be marked on any set of 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, application rules relating to specific Units of Work are set out in Sections 9 to 13.
-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 +
-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 jurisdiction,​ and has completed the relevant application form.
-writing, you must not provide Contract Work unless the Client is within the +
-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 form must be kept by you on the file, and its correct completion will be checked upon Audit.
-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 +
-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 +Test (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 completion and signing of the form will not be remunerated. Limited exceptions to these principles for Advice and Assistance are contained in Sections 9 to 13 for specific Units of Work.
-Test (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 completion and signing of the form will not be remunerated. Limited +
-exceptions to these principles for Advice and Assistance are contained in +
-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 or Protected Party from:
-You may only accept an application for Contract Work on behalf of a Child +
-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 litigation friend; or
-other person acting for the purposes of any proceedings as his or her +
-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) above can make the application (and that good reason is noted on the file), provided that:
-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 +
-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 likely to act responsibly in the interests of the Child or Protected Party; and
-Party and the other person to ensure that the other person is +
-likely to act responsibly in the interests of the Child or Protected +
-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 ​ Party’s financial circumstances (where relevant) to give proper instructions to you; and
-Protected Party, the problem and the Child’s or Protected +
-Party’s financial circumstances (where relevant) to give proper +
-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 employee of your organisation.
-made by a member, director, partner, shareholder,​ associate or +
-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 behalf. The form should be completed in the name of the Child  or Protected Party but signed by the person who is applying on behalf of the Child or Protected Party with an annotation to that effect.
-be in the name of the Child or Protected Party but signed on his or her +
-behalf. The form should be completed in the name of the Child or +
-Protected Party but signed by the person who is applying on behalf of the +
-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 to maintain, or usually contribute substantially to the Child or Protected Party’s maintenance,​ must be taken into account in applying the Financial ​Eligibility Test.
-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 +
-Party’s maintenance,​ must be taken into account in applying the Financial+
  
-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 circumstances:​
-You may accept instructions directly from a Child in the following +
-circumstances:​ +
- +
-(a) +
-by exercising the Delegated Function in relation to proceedings which +
-that Child is entitled to defend without a litigation friend; or+
  
 +(a) by exercising the Delegated Function in relation to proceedings which that Child is entitled to defend without a litigation friend; or
 (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 Child’s behalf; and
-Paragraphs 4.25(a) to (d) can make the application on the +
-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 +4.29 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 her.
-the Child’s means with those of the person liable to maintain him or +
-her.+
  
-The presumption is that there should be aggregation but you can decide +4.30 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  all the circumstances,​ including the age and resources of the Child (and to any conflict of interest), it appears just and equitable to do so. Non- aggregation is more likely to be justified where there is a conflict between the Child and the person liable to maintain him or her.
-not to aggregate (and assess only the Child’s means) if, having regard to +
-all the circumstances,​ including the age and resources of the Child (and to +
-any conflict of interest), it appears just and equitable to do so. Non- +
-aggregation is more likely to be justified where there is a conflict between +
-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 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;
-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 +
-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 returned to England or Wales; or
-serious disadvantage delay the application until he or she has +
-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 to 13.
-apply to all proceedings for which it is available, as specified in Sections 9 +
-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 Solicitor who is a Designated Fee-Earner in your organisation or your Supervisor (including your Prison Law Supervisor in relation to Prison Law Matters) on the “Declaration and Grant” section of a properly completed application form. The application section of the form must be fully completed and signed by the Client before signature by you. The grant will not operate retrospectively.
-Assistance, a written application is granted by the signature of a practising +
-Solicitor who is a Designated Fee-Earner in your organisation or your +
-Supervisor (including your Prison Law Supervisor in relation to Prison Law +
-Matters) on the “Declaration and Grant” section of a properly completed +
-application form. +
-The application section of the form must be fully +
-completed and signed by the Client before signature by you. The grant will +
-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 Qualifying Criteria and a note should be made on file
-should be made that the Client satisfies any scope limitations and +4.35 The Delegated Function to grant Advocacy Assistance carries with it the corresponding duty to refuse it when any applicable Qualifying Criteria are 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.
-Qualifying Criteria and a note should be made on file.+
  
-4.35 The Delegated Function to grant Advocacy Assistance ​carries ​with it the +4.36 The Delegated Function to self-authorise the instruction of Counsel in Advocacy Assistance ​proceedings must be exercised in accordance ​with the provisions relating ​to the instruction ​of Counsel set out  in  this Specification.
-corresponding duty to refuse it when any applicable Qualifying Criteria are +
-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.+
  
-4.36 The Delegated ​Function to self-authorise the instruction of Counsel ​in +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 the Civil Merits Regulations and Civil Procedure Regulations. ​ You must  only exercise these Delegated Functions if your Office meets the Quality Standard, ​in accordance with an Authorisation.
-Advocacy Assistance proceedings ​must be exercised in accordance with the +
-provisions relating to the instruction of Counsel set out in this +
-Specification.+
  
-4.37 The Delegated ​Functions set out in Paragraph 4.4(gand (h) above which +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 Advice and Assistance from you or another Provider within six months under Paragraph 4.4(d) in respect of the same Matter, as previous Advice ​and Assistance has already been received, it must only be reasonable for you to incur limited further costs. Although this will depend on all the circumstances of the caseon a second or subsequent change of Provider 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.
-only apply to Associated Civil Work must be exercised ​in accordance with +
-the Civil Merits Regulations ​and Civil Procedure Regulations. You must +
-only exercise these Delegated Functions if your Office meets the Quality +
-Standardin accordance with an Authorisation.+
  
-4.38 Where you are authorised to exercise the Delegated Function ​to accept an +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 Function cannot be remunerated ​and should ​be disregarded in the calculation of work done when submitting a costs Claim.
-application for Advice and Assistance from a Client who has received +
-Advice and Assistance from you or another Provider within six months +
-under Paragraph 4.4(d) ​in respect of the same Matter, as previous Advice +
-and Assistance has already been received, it must only be reasonable for +
-you to incur limited further costs. Although this will depend on all the +
-circumstances ​of the case, on a second or subsequent change ​of Provider +
-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.+
  
-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 
-Function cannot be remunerated and should be disregarded in the 
-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 Matter or Case other than those involving only the provision of Contract Work by a court Duty Solicitor acting as such.
-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 +
-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 on which the UFN is actually assigned). You must use the following UFN format, which is:
-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 +
-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 DDMMYY; followed by
-in the Matter or Case set out in the six digit numerical format of +
-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 what the circumstances of the Client or the Matter or Case. Where a determination has been made you must not Claim for, or grant, further Advice and Assistance or Advocacy Assistance to the Client on the same Matter, which gave rise to the Criminal Proceedings,​ unless a Criminal 
-Advice and Assistance does not extend to cover Representation,​ no matter +Investigation is ongoing in respect of other offences relating to the same Matter. Where Representation is available, you must make an application at the earliest opportunity.
-what the circumstances of the Client or the Matter or Case. Where a +
-determination has been made you must not Claim for, or grant, further +
-Advice and Assistance or Advocacy Assistance to the Client on the same +
-Matter, which gave rise to the Criminal Proceedings,​ unless a Criminal +
-Investigation is ongoing in respect of other offences relating to the same +
-Matter. Where Representation is available, you must make an application +
-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 Contract on a legal issue which amounts to a genuinely separate problem requiring a separate application (where relevant) and which can be claimed separately in accordance with this Specification.
-the provision of Advice and Assistance or Advocacy Assistance under this +
-Contract on a legal issue which amounts to a genuinely separate problem +
-requiring a separate application (where relevant) and which can be claimed +
-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 separate Matter or Case.
-point at which the work, which you are performing for a Client, becomes a +
-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). You must decide whether you may Claim the work under this Contract and the appropriate Qualifying Criteria will apply to each Matter or Case.
-subject of a separate application form and determination (where relevant). +
-You must decide whether you may Claim the work under this Contract and +
-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 ​ as the same Matter, despite the fact that they would normally be treated ​ as separate Matters.
-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 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 Advice and Assistance, or Free Standing Advice and Assistance.
-must not be treated as separate Matters for the purposes of Police Station +
-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 Case must be treated as one matter.
-as part of the same Case, one application form must be completed and the +
-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 issue is identified then the original, single application should be used for  the provision of any further Advice and Assistance. The following points should be noted:
-identify the issues and provide general, preliminary advice. If one legal +
-issue is identified then the original, single application should be used for +
-the provision of any further Advice and Assistance. The following points +
-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 originating circumstances does not in itself mean they are separate Matters; and
-potentially different outcomes arising from the same set of +
-originating circumstances does not in itself mean they are separate +
-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 Matter arises if the Advice and Assistance continues to be provided ​ on the same overall legal issue.
-occurred as the case has progressed will not mean that a separate +
-Matter arises if the Advice and Assistance continues to be provided +
-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 work takes place. If it subsequently comes to light that more than one fee- earner has undertaken work for the same Client on the same Matter then a check must be made to ensure that there has been no duplication. If duplicated work has been claimed in error, you must notify us
-different Matters, care must be exercised to ensure that no duplication of +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 ​ 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 given as a separate Matter.
-work takes place. If it subsequently comes to light that more than one fee- +
-earner has undertaken work for the same Client on the same Matter then a +
-check must be made to ensure that there has been no duplication. If +
-duplicated work has been claimed in error, you must notify us.+
  
-4.53 If a Client seeks advice as to whether he or she should change Provider +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 be dealt with as one Case.
-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 +
-previous Solicitor. Paragraph 4.38 must be applied before any advice is +
-given as a separate Matter.+
  
-4.54 Charges laid at the same time which are dealt with under one +4.55 Advice given on related issueswhich could be considered to be a “series ​of offences”, must be dealt with as a single case, rather than separate cases. 
-determinationor are heard together, or form part of the same Case, must + 
-be dealt with as one Case.+4.56 Advice and Assistance in respect of a referral to the CCRC constitutes a separate Matter from Advice and Assistance given in respect of the original proceedings,​ including any previous appeal.
  
-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. 
-4.56 Advice and Assistance in respect of a referral to the CCRC constitutes a 
-separate Matter from Advice and Assistance given in respect of the original 
-proceedings,​ including any previous appeal. 
 Matter or Case ends Matter or Case ends
-4.57 + 
-A Matter or Case ends when any of the following events occurs: +4.57 A Matter or Case ends when any of the following events occurs: 
-(a) where work is undertaken in the Criminal Investigations Class, when + 
-the Investigation has concluded, either by way of the Client being +(a) where work is undertaken in the Criminal Investigations Class, when the Investigation has concluded, either by way of the Client being charged or reported for summons, released without bail, or  the Matter being disposed of in any other way; 
-charged or reported for summons, released without bail, or the + 
-Matter being disposed of in any other way; +(b) when you are notified that no further action is being taken in relation to a Criminal Investigation (or that the Investigation will not proceed for some other reason); 
-(b) when you are notified that no further action is being taken in relation + 
-to a Criminal Investigation (or that the Investigation will not proceed +(c) when you are notified that Criminal Proceedings are discontinued,​ withdrawn, discharged or that no evidence is offered (or that the Proceedings will not proceed for some other reason); 
-for some other reason); + 
-(c) when you are notified that Criminal Proceedings are discontinued,​ +(d) where Advice and Assistance is given in the Appeals and Reviews Class of Work, on an appeal against conviction or sentence, when a Representation Order is granted by the court on an appeal by way of case stated; 
-withdrawn, discharged or that no evidence is offered (or that the + 
-Proceedings will not proceed for some other reason); +(e) where Legal Help is given in Associated Civil Work under Section 13, when a determination that an individual qualifies for Legal Representation is made for the same Client arising from the same Matter; 
-(d) where Advice and Assistance is given in the Appeals and Reviews +
-Class of Work, on an appeal against conviction or sentence, when a +
-Representation Order is granted by the court on an appeal by way of +
-case stated; +
-(e) where Legal Help is given in Associated Civil Work under Section 13, +
-when a determination that an individual qualifies for Legal +
-Representation is made for the same Client arising from the same +
-Matter;+
 (f) the Matter or Case has concluded; (f) the Matter or Case has concluded;
 +
 (g) the Client decides to act in person; (g) the Client decides to act in person;
-(h) it is known that no further work will be undertaken for the Client in + 
-the same Matter or Case; +(h) it is known that no further work will be undertaken for the Client in the same Matter or Case; 
-(i) it is unclear whether further work will be required or not and/or the + 
-Client fails to give instructions for two months (unless the Matter is +(i) it is unclear whether further work will be required or not and/or the Client fails to give instructions for two months (unless the Matter is on hold); 
-on hold); + 
-(j) the Matter or Case begins to be paid outside this Contract (save for +(j) the Matter or Case begins to be paid outside this Contract (save for circumstances in which you have applied for prior authority to  instruct an expert, or a Queen’s Counsel (QC), that prior authority 
-circumstances in which you have applied for prior authority to +application ​has been refused, and the Client wishes to use his or her own money to pay for that expert or QC); 
-instruct an expert, or a Queen’s Counsel (QC), that prior authority + 
-February 2017 +(k) you have informed the Client that the provision of Contract Work is no longer justified and no appeal is submitted or pending; 
-33application ​has been refused, and the Client wishes to use his or her + 
-own money to pay for that expert or QC); +(l) in the Criminal Proceedings Class of Work only, when it comes to your knowledge that a determination that an individual qualifies for Representation has been withdrawn; 
-(k) you have informed the Client that the provision of Contract Work is + 
-no longer justified and no appeal is submitted or pending; +(m) you can no longer act due to a conflict of interest or the Client is referred to, or instructs, another Solicitor. The Matter or Case ends either on the date of referral or when a new Solicitor is instructed, whichever occurs first; 
-(l) in the Criminal Proceedings Class of Work only, when it comes to +
-your knowledge that a determination that an individual qualifies for +
-Representation has been withdrawn;​ +
-(m) you can no longer act due to a conflict of interest or the Client is +
-referred to, or instructs, another Solicitor. The Matter or Case ends +
-either on the date of referral or when a new Solicitor is instructed, +
-whichever occurs first;+
 (n) you are notified that the Case has been classified as a VHCC; (n) you are notified that the Case has been classified as a VHCC;
 +
 (o) the Client is no longer competent to give instructions;​ or (o) the Client is no longer competent to give instructions;​ or
 +
 (p) the Client dies. (p) the Client dies.
-4.58 The reason for a Matter or Case ending must be evident from your file. You + 
-must submit your Claim for payment in accordance with the provisions of +4.58 The reason for a Matter or Case ending must be evident from your file. You must submit your Claim for payment in accordance with the provisions of Section 3 to us within three months of the Matter or Case ending. 
-Section 3 to us within three months of the Matter or Case ending. + 
-4.59 Where you have agreed with the Client that the Matter or Case is on hold, +4.59 Where you have agreed with the Client that the Matter or Case is on hold, Paragraph 4.57(h) above will not be satisfied. The Matter will, however, ​ end under that Paragraph where instructions are required from the Client and he or she fails to respond. 
-Paragraph 4.57(h) above will not be satisfied. The Matter will, however, +
-end under that Paragraph where instructions are required from the Client +
-and he or she fails to respond.+
 Continuity of service Continuity of service
-4.60 Where you commence Contract Work for a Client then, unless any + 
-circumstances arise which would prevent you from acting in accordance +4.60 Where you commence Contract Work for a Client then, unless any circumstances arise which would prevent you from acting in accordance with an express provision of this Contract or any relevant rules of professional conduct, you must continue to advise, assist or represent that Client until the Matter or Case ends. 
-with an express provision of this Contract or any relevant rules of + 
-professional conduct, you must continue to advise, assist or represent that +4.61 Paragraph 4.60 does not override the circumstances in which a retainer may be terminated as set out in your professional code of conduct. 
-Client until the Matter or Case ends. +
-4.61 Paragraph 4.60 does not override the circumstances in which a retainer +
-may be terminated as set out in your professional code of conduct.+
 Change of Provider Change of Provider
-4.62 The provisions set out in regulation 14 of the Criminal Legal Aid + 
-(Determinations by a Court and Choice of Representative) Regulations +4.62 The provisions set out in regulation 14 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations ​ 2013 apply in relation to a change of Provider. 
-2013 apply in relation to a change of Provider.+
 4.63 If you have provided Contract Work to a Client and: 4.63 If you have provided Contract Work to a Client and:
-(a) that Client chooses to instruct another Provider with regard to the + 
-same Matter or Case; or +(a) that Client chooses to instruct another Provider with regard to the same Matter or Case; or 
-(b) a new Provider is assigned by an amendment to a determination that + 
-an individual qualifies for Representation,​ +(b) a new Provider is assigned by an amendment to a determination that an individual qualifies for Representation,​ 
-you must without delay send all relevant papers and other material in your + 
-possession relating to the proceedings to the new Provider. +you must without delay send all relevant papers and other material in your possession relating to the proceedings to the new Provider. 
-February 2017 +4.64 If a determination that an individual qualifies for Representation is amended to show a new Provider, the date on which the amendment came to the knowledge of the original Provider is deemed to be the date on  which the Case ends for the purposes of any Claim. 
-344.64 If a determination that an individual qualifies for Representation is + 
-amended to show a new Provider, the date on which the amendment came +4.65 Where there is a change of Provider, the provisions of Sections 9 to 13 apply when determining which fees may be claimed. 
-to the knowledge of the original Provider is deemed to be the date on + 
-which the Case ends for the purposes of any Claim. +4.66 Paragraphs 4.62 to 4.66 must be read in conjunction with the specific provisions on Units of Work in Sections 9 to 13. 
-4.65 Where there is a change of Provider, the provisions of Sections 9 to 13 +
-apply when determining which fees may be claimed. +
-4.66 Paragraphs 4.62 to 4.66 must be read in conjunction with the specific +
-provisions on Units of Work in Sections 9 to 13.+
 Misrepresentation by Clients Misrepresentation by Clients
-4.67 + 
-If you know or suspect that a Client has: +4.67 If you know or suspect that a Client has: 
-(a) failed without good reason to provide information or documents + 
-relevant to either your decision to carry out Contract Work on his or +(a) failed without good reason to provide information or documents relevant to either your decision to carry out Contract Work on his or her behalf; or 
-her behalf; or + 
-(b) in providing required information or documents in relation to Contract +(b) in providing required information or documents in relation to Contract Work has made a statement or representation knowing or believing it to be false, 
-Work has made a statement or representation knowing or believing it + 
-to be false, +then you must immediately cease work and report the relevant ​circumstances to your Contract Manager. 
-then you must immediately cease work +
-circumstances to your Contract Manager. +
-and +
-report +
-the +
-relevant+
 4.68 We may require you to submit your entire file of papers to us. 4.68 We may require you to submit your entire file of papers to us.
-4.69 You may submit a Claim for work carried out up until that point. The + 
-application form signed by the Client will incorporate an agreement by the +4.69 You may submit a Claim for work carried out up until that point. The application form signed by the Client will incorporate an agreement by the Client to repay to us any costs we pay out to you in the matter in the  event of the Client having withheld or misrepresented information with the intention of appearing to qualify for Contract Work. 
-Client to repay to us any costs we pay out to you in the matter in the +5. Remuneration for Contract Work 
-event of the Client having withheld or misrepresented information with the + 
-intention of appearing to qualify for Contract Work. +5.1 Fees for Contract Work you undertake are set out in the Criminal Remuneration Regulations. 
-February 2017 +
-355. Remuneration for Contract Work +
-5.1 Fees for Contract Work you undertake are set out in the Criminal +
-Remuneration Regulations.+
 5.2 The basis on which we assess Claims is set out in Section 8. 5.2 The basis on which we assess Claims is set out in Section 8.
-5.3 Payment for Contract Work undertaken under this Contract is based on + 
-Hourly Rates, Fixed Fees, Graduated Fees or Standard Fees, depending on +5.3 Payment for Contract Work undertaken under this Contract is based on Hourly Rates, Fixed Fees, Graduated Fees or Standard Fees, depending on Classes or Units of Work. The Criminal Remuneration Regulations sets out the payment structure and limits on claims for each Unit of Work. 
-Classes or Units of Work. The Criminal Remuneration Regulations sets out + 
-the payment structure and limits on claims for each Unit of Work. +5.4 All payment rates set out in the Criminal Remuneration Regulations are hourly, except where otherwise indicated and exclusive of VAT. 
-5.4 All payment rates set out in the Criminal Remuneration Regulations are + 
-hourly, except where otherwise indicated and exclusive of VAT. +5.5 London rates specified in the Criminal Remuneration Regulations apply to a fee-earner whose Office is situated in the London CJS Area. If an Office situated outside the London CJS Area instructs an Office within that region to act as Agent, the London rates apply to the Agent’s work. If a London based Office instructs an Office outside London to act as Agent, ​ the national rates apply to the Agent’s work.
-5.5 London rates specified in the Criminal Remuneration Regulations apply to a +
-fee-earner whose Office is situated in the London CJS Area. If an Office +
-situated outside the London CJS Area instructs an Office within that region +
-to act as Agent, the London rates apply to the Agent’s work. If a London +
-based Office instructs an Office outside London to act as Agent, the +
-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 written and telephone calls made or received calculated by reference to the appropriate remuneration rate.
-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 +
-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 time as claimed (excluding time spent on routine letters and calls) is reasonable.
-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 +
-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 issued in Prescribed Proceedings in the Crown Court are subject to an  Upper Limit which applies in the same way as a Costs Limitation. If you consider that your costs will exceed the Upper Limit you must apply to us for a formal extension under Paragraphs 5.9 to 5.14. You must continue to have regard to any Qualifying Criteria throughout the Matter or Case, and must only perform such work as is reasonable in each Matter or Case. Paragraphs 5.6 and 5.7 and any relevant provisions in the Costs Assessment Manual will be applied on Assessment.
-set out in the Criminal Remuneration Regulations. Representation Orders +
-issued in Prescribed Proceedings in the Crown Court are subject to an +
-Upper Limit which applies in the same way as a Costs Limitation. If you +
-consider that your costs will exceed the Upper Limit you must apply to us +
-for a formal extension under Paragraphs 5.9 to 5.14. You must continue to +
-have regard to any Qualifying Criteria throughout the Matter or Case, and +
-must only perform such work as is reasonable in each Matter or Case. +
-Paragraphs 5.6 and 5.7 and any relevant provisions in the Costs +
-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 Specification (or in the case of Associated Civil Work, the provisions of the current civil Specification).
-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 +
-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 authority on our behalf. If authority is granted, the Director will set a   ​new 
-Upper Limit without our authority. The Director may grant or refuse such +Upper Limit on the Matter, above which payment will not be made unless you have applied for and been granted further authority.
-authority on our behalf. If authority is granted, the Director will set a new +
-Upper Limit on the Matter, above which payment will not be made unless +
-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 Contract Guide and the Sufficient Benefit Test (where applicable) and any other relevant Qualifying Criteria continue to be satisfied.
-date and the further work proposed is reasonable in accordance with the +
-Contract Guide and the Sufficient Benefit Test (where applicable) and any +
-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 envisaged in the extension granted, a separate extension will need to be considered.
-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 +
-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 relation to that Unit of Work.
-reapply the Sufficient Benefit Test before any extension is sought in +
-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 work actually and reasonably carried out in accordance with the Sufficient Benefit Test (where it applies), up to a maximum of the amount authorised by us in the particular Matter or Case.
-appropriate payment rate in the Criminal Remuneration Regulations for the +
-work actually and reasonably carried out in accordance with the Sufficient +
-Benefit Test (where it applies), up to a maximum of the amount authorised +
-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 incurred by you in connection with the Contract Work, but exclusive of  VAT.
-inclusive of profit costs, Disbursements and Counsel’s fees properly +
-incurred by you in connection with the Contract Work, but exclusive of +
-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 extension to the Upper Limit has been granted on the basis of certain work being undertaken, then the costs (including Disbursements) of other work not previously specified may be disallowed as it does not fall within the scope of the extension granted, unless there are circumstances which justify the unanticipated work as reasonable. This is an issue for determination on Assessment.
-of the upper limit if an extension has not been obtained. Where an +
-extension to the Upper Limit has been granted on the basis of certain work +
-being undertaken, then the costs (including Disbursements) of other work +
-not previously specified may be disallowed as it does not fall within the +
-scope of the extension granted, unless there are circumstances which +
-justify the unanticipated work as reasonable. This is an issue for +
-determination on Assessment.+
  
 Monthly Payments Monthly Payments
-5.20 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 +5.20 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 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 in Paragraph 10.132 or 11.62, but excluding Crown Court Representation where the payment is governed by the Criminal ​Remuneration Regulations;​ 
-Crown Court Representation in Prescribed Proceedings or as specified +(c) in the Appeals and Reviews Class, all Units of Work except for Representation under a Representation Order;
-in Paragraph 10.132 or 11.62, but excluding Crown Court +
-Representation where the payment is governed by the Criminal+
  
-Remuneration Regulations;​ 
- 
-37(c) in the Appeals and Reviews Class, all Units of Work except for 
-Representation under a Representation Order; 
 (d) in the Prison Law Class of Work, all Units of Work; and (d) in the Prison Law Class of Work, all Units of Work; and
-(e) in Associated Civil Work, all Units of Work except for Legal + 
-Representation under a Certificate. +(e) in Associated Civil Work, all Units of Work except for Legal Representation under a Certificate. 
-5.21 Each Monthly Payment is triggered by our receipt from you, within 20 days + 
-after the end of the previous month, of the appropriate Contract Report +5.21 Each Monthly Payment is triggered by our receipt from you, within 20 days after the end of the previous month, of the appropriate Contract Report Forms. Late receipt by us of the Contract Report Forms will delay your next Monthly Payment and may result in you failing to receive your Monthly Payment until the following month. 
-Forms. Late receipt by us of the Contract Report Forms will delay your next + 
-Monthly Payment and may result in you failing to receive your Monthly +5.22 If we reasonably anticipate at the start of a Schedule that you will claim the annual equivalent of £2,500 or less for Monthly Payments work in the period of that Schedule and where you have not opted to receive Variable Monthly Payments, we will not pay you Standard Monthly Payments in respect of this work but will instead pay you following submission of Claims for this work made in accordance with this Contract. 
-Payment until the following month. + 
-5.22 If we reasonably anticipate at the start of a Schedule that you will claim +5.23 We will set the amount of Standard Monthly Payments with the aim of making good any underpayments and recovering any overpayments arising under any previous Schedule. 
-the annual equivalent of £2,500 or less for Monthly Payments work in the + 
-period of that Schedule and where you have not opted to receive Variable +5.24 Your Monthly Payments may be reviewed and amended but only where this is consistent with the Monthly Payment Protocol. We will only amend the Monthly Payment Protocol during the Contract Period by agreement with the Consultative Bodies or in accordance with the principles and  procedures set out in Clause 13 (as if the Monthly Payment Protocol were a Contract Document). 
-Monthly Payments, we will not pay you Standard Monthly Payments in + 
-respect of this work but will instead pay you following submission of Claims +Payment for Crown Court Representation and Appeals and Reviews Representation 
-for this work made in accordance with this Contract. + 
-5.23 We will set the amount of Standard Monthly Payments with the aim of +5.25 Where a Representation Order is issued for Crown Court work (excluding Prescribed Proceedings or as specified under Paragraph 10.132) or in respect of Appeals and Reviews Representation under a Representation Order issued by the Court of Appeal (Criminal Division), or Administrative Court, you must submit your claim in accordance with the Criminal Remuneration Regulations. 
-making good any underpayments and recovering any overpayments arising +
-under any previous Schedule. +
-5.24 Your Monthly Payments may be reviewed and amended but only where this +
-is consistent with the Monthly Payment Protocol. We will only amend the +
-Monthly Payment Protocol during the Contract Period by agreement with +
-the Consultative Bodies or in accordance with the principles and +
-procedures set out in Clause 13 (as if the Monthly Payment Protocol were a +
-Contract Document). +
-Payment for Crown Court Representation and Appeals and Reviews +
-Representation +
-5.25 +
-Where a Representation Order is issued for Crown Court work (excluding +
-Prescribed Proceedings or as specified under Paragraph 10.132) or in +
-respect of Appeals and Reviews Representation under a Representation +
-Order issued by the Court of Appeal (Criminal Division), or Administrative +
-Court, you must submit your claim in accordance with the Criminal +
-Remuneration Regulations.+
 Payment for Legal Representation in Associated Civil Work Payment for Legal Representation in Associated Civil Work
-5.26 + 
-We will pay for Legal Representation in Associated Civil Work in accordance +5.26 We will pay for Legal Representation in Associated Civil Work in accordance with the terms of the current civil contract. 
-with the terms of the current civil contract.+
 Prior authority Prior authority
-5.27 + 
-Where you consider it necessary for the proper conduct of Criminal +5.27 Where you consider it necessary for the proper conduct of Criminal Proceedings for costs to be incurred under a Representation Order by taking any of the following steps: 
-Proceedings for costs to be incurred under a Representation Order by +
-taking any of the following steps:+
 (a) obtaining a written report or opinion of one or more experts; (a) obtaining a written report or opinion of one or more experts;
-(b) employing a person to provide a written report or opinion (otherwise + 
-than as an expert); +(b) employing a person to provide a written report or opinion (otherwise than as an expert); 
-February 2017 +(c) obtaining any transcripts or recordings, including police questioning ​ of suspects; 
-38(c) obtaining any transcripts or recordings, including police questioning + 
-of suspects; +(d) in magistrates’ courts only, where a determination provides for the services of Solicitor and Counsel, instructing a QC alone  without junior Counsel; or 
-(d) in magistrates’ courts only, where a determination provides for the + 
-services of Solicitor and Counsel, instructing a QC alone without +(e) performing an act which is either unusual in its nature or involves unusually large expenditure,​ 
-junior Counsel; or +
-(e) performing an act which is either unusual in its nature or involves +
-unusually large expenditure,​+
 you may apply to us for prior authority before the expenditure is incurred. you may apply to us for prior authority before the expenditure is incurred.
-5.28 If an application for prior authority is refused or partially refused by us, the + 
-application will automatically be referred to an Assessor. If the Assessor +5.28 If an application for prior authority is refused or partially refused by us, the application will automatically be referred to an Assessor. If the Assessor refuses an application,​ there is no right of appeal but a fresh application may be made at any time. 
-refuses an application,​ there is no right of appeal but a fresh application + 
-may be made at any time. +5.29 The effect of obtaining a prior authority is that no question as to the step taken or the amount authorised will be raised on Assessment of your claim, unless you knew or ought reasonably to have known before incurring the costs, that the purpose of the authority had failed or become irrelevant or unnecessary. 
-5.29 The effect of obtaining a prior authority is that no question as to the step + 
-taken or the amount authorised will be raised on Assessment of your claim, +5.30 An application for prior authority must be made by application to the Director using the relevant form approved by us and applying any relevant Contract Guide. 
-unless you knew or ought reasonably to have known before incurring the + 
-costs, that the purpose of the authority had failed or become irrelevant or +5.31 An application for prior authority cannot be granted retrospectively. Any application must be made in advance of the relevant expenditure being incurred. 
-unnecessary. + 
-5.30 An application for prior authority must be made by application to the +5.32 Applying for prior authority is not mandatory. If permission to incur the expenditure is not sought or refused, the costs may still be allowed on Assessment if the expenditure was reasonably incurred. The same principle applies if the amount authorised is exceeded. 
-Director using the relevant form approved by us and applying any relevant + 
-Contract Guide. +5.33 Amounts claimed in respect of expert fees, if authorised, will be in accordance with the rates and provisions set out in the Criminal Remuneration Regulations. The prior authority will specify the type of expenditure authorised, a maximum amount and may specify a maximum rate. This prior authority must be submitted with any Claim for payment. 
-5.31 An application for prior authority cannot be granted retrospectively. Any + 
-application must be made in advance of the relevant expenditure being +5.34 An application for prior authority will be granted if the expense is  necessary and reasonable having regard to the nature of the proceedings. The application may be granted subject to such terms and conditions as are appropriate. 
-incurred. +
-5.32 Applying for prior authority is not mandatory. If permission to incur the +
-expenditure is not sought or refused, the costs may still be allowed on +
-Assessment if the expenditure was reasonably incurred. The same principle +
-applies if the amount authorised is exceeded. +
-5.33 Amounts claimed in respect of expert fees, if authorised, will be in +
-accordance with the rates and provisions set out in the Criminal +
-Remuneration Regulations. The prior authority will specify the type of +
-expenditure authorised, a maximum amount and may specify a maximum +
-rate. This prior authority must be submitted with any Claim for payment. +
-5.34 An application for prior authority will be granted if the expense is +
-necessary and reasonable having regard to the nature of the proceedings. +
-The application may be granted subject to such terms and conditions as +
-are appropriate.+
 5.35 An application for prior authority will be refused: 5.35 An application for prior authority will be refused:
-(a) where the application is for tendering expert evidence or the reports + 
-in question have been or could be ordered by the court in +(a) where the application is for tendering expert evidence or the reports in question have been or could be ordered by the court in consideration of a disposal under the Mental Health Act 1983 or community order with a requirement for treatment and would thus be payable out of central funds; 
-consideration of a disposal under the Mental Health Act 1983 or + 
-community order with a requirement for treatment and would thus be +(b) where the application is in respect of a medical assessment for which it would be reasonable to expect alternative funding to be used; 
-payable out of central funds; +(c) for photocopying done “in house” which is an Office overhead, unless the circumstances are unusual, or the documents to be copied are unusually numerous in relation to the nature of the case; 
-(b) where the application is in respect of a medical assessment for which + 
-it would be reasonable to expect alternative funding to be used; +(d) where the application is for a conference with Counsel to obtain Counsel’s written opinion (unless Counsel is instructed as an expert); 
-February 2017 + 
-395.36 +(e) where the application is to attend a distant court this is a matter for costs Assessment; 
-(c) for photocopying done “in house” which is an Office overhead, unless +
-the circumstances are unusual, or the documents to be copied are +
-unusually numerous in relation to the nature of the case; +
-(d) where the application is for a conference with Counsel to obtain +
-Counsel’s written opinion (unless Counsel is instructed as an expert); +
-(e) where the application is to attend a distant court this is a matter for +
-costs Assessment;+
 (f) where the application is to cover witness expenses; or (f) where the application is to cover witness expenses; or
-(g) where the application is for a second expert report where the Client 
-disagrees with the findings of the first expert’s report. 
-The circumstances in which you may be paid other than under this 
-Contract where a prior authority is refused are set out in Section 8. 
-Disbursements 
  
-5.37 We may prescribe types of Disbursements,​ which may or may not be +(g) where the application is for a second expert report where the Client disagrees with the findings ​of the first expert’s report.
-incurred in the provision of Advice and Assistance, Advocacy Assistance or +
-Representation. Payment of Approved Third Party fees incurred by you in +
-relation to any Contract Work will not exceed any maximum rates set by +
-us, unless authority has been granted to exceed ​the limit in the particular +
-case. We may specify maximum rates payable by reference to type of +
-expert and activity (such as reports, attending conferences or court +
-hearings). Subject to any such limits and the provisions set out in the +
-Criminal Remuneration Regulations the amounts claimed for expert ​fees +
-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 +5.36 The circumstances in which you may be paid other than under this  Contract ​where a prior authority ​is refused are set out in Section 8.
-Client to do so and it is reasonable for you to incur the Disbursement for +
-the purpose of giving Advice and Assistance, Advocacy Assistance or +
-Representation to the Client and the amount of the Disbursement is +
-reasonable.+
  
-5.39 The rules relating to payment and claims of Disbursements ​in the Prison +Disbursements
-Law Class are set out in Section 12 and override this part of the +
-Specification.+
  
-5.40 Disbursements will form part of your Claims. ​We will monitor your use of +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 RepresentationPayment of Approved Third Party fees incurred by you in relation ​to any Contract Work will not exceed any maximum rates set by  us, unless authority has been granted to exceed the limit in the particular ​case. We may specify maximum rates payable by reference ​to type of expert and activity (such as reports, attending conferences or court hearings). Subject ​to any such limits ​and the provisions set out in the Criminal Remuneration Regulations the amounts ​claimed ​for expert fees should be justified on Assessment by us in the normal way.
-Disbursements ​via Audit and Assessment and may seek explanations ​and +
-justifications as necessaryYou must only incur Disbursements where it is +
-in the Client’s best interests ​to do so in the particular ​circumstances,​ +
-subject ​to the provision ​as to reasonableness ​and to the Contract Guide. +
-You must produce a receipted invoice or voucher ​in support of any +
-Disbursement ​claimed.+
  
-5.41 A non-exhaustive list of Disbursements, which may or may not be incurred +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 the purpose ​of giving ​Advice and Assistance, Advocacy Assistance or Representation ​to the Client ​and the amount ​of the Disbursement ​is reasonable.
-in the provision ​of Advice ​and Assistance (including Advocacy Assistance) +
-appears in the table below. Any Disbursements appearing in section A of +
-the table below can only be incurred in any circumstances if it is +
-reasonable to do so for the purposes ​of providing ​Advice and Assistance ​in +
-relation ​to that Matter ​and if the amount is reasonable.+
  
-February 2017 +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 Specification.
-40Section A+
  
 +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 justifications as necessary. You must only incur Disbursements where it is in the Client’s best interests to do so in the particular circumstances,​ subject to the provision as to reasonableness and to the Contract Guide. You must produce a receipted invoice or voucher in support of any Disbursement claimed.
 +
 +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) appears in the table below. Any Disbursements appearing in section A of the table below can only be incurred in any circumstances if it is  reasonable to do so for the purposes of providing Advice and Assistance in relation to that Matter and if the amount is reasonable.
 +Section 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 ‘administration fee’ includes but is not limited to a fee in respect of  offices and consultation rooms, administrative support including typing services, subsistence and couriers
 +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 or appointment
  
-Any separate administration fee charged by an expert, where +5.42 If you are considering incurring a Disbursement which appears in neither table then you must consider whether the Disbursement ​is recoverable or not by reference ​to its purpose.
-‘administration fee’ includes but is not limited to a fee in respect of +
-offices and consultation rooms, administrative support including typing +
-services, subsistence and couriers +
- +
-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 +
-or appointment+
  
-5.42 If you are considering incurring ​Disbursement which appears in neither +5.43 The cost of the provision of legal advice by person who is neither ​a  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 an overhead rather than charge it as a Disbursement.
-table then you must consider whether the Disbursement ​is recoverable or +
-not by reference to its purpose.+
  
-5.43 The cost of the provision of legal advice by a person who is neither a +5.44 Except where Police Station Advice and Assistance ​is provided, an Agent cannot ​be employed to provide Advice and Assistance either ​as a Disbursement ​or as an element ​of profit costs (but see the position of in- house advocates set out in Section 4). If you are not in position to undertake work yourself then the matter should be referred. In appropriate cases you can obtain the opinion of Counsel. A Solicitor Agent may be  used where Advocacy Assistance is provided (excluding court Duty Solicitor work).
-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 +
-an overhead rather than charge it as Disbursement.+
  
-5.44 Except where Police Station Advice and Assistance ​is provided, an Agent +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 context ​of the particular case (that is, having regard to the justification and need for it as against the value and importance ​of the case), the particular service involved, the extent to which there is a choice of alternative service providers and whether all elements of the service ​are justified ​in the particular case and at the particular time.
-cannot ​be employed ​to provide Advice and Assistance either as a +
-Disbursement ​or as an element ​of profit costs (but see the position ​of in- +
-house advocates set out in Section 4). If you are not in a position to +
-undertake work yourself then the matter should be referred. In appropriate +
-cases you can obtain ​the opinion of Counsel. A Solicitor Agent may be +
-used where Advocacy Assistance is provided (excluding court Duty Solicitor +
-work).+
  
-5.45 In deciding whether ​the amount sought ​is reasonable regard must be had +5.46 Where the opinion of Counsel or another expert ​is required on a question  ​of foreign lawthis cannot be covered by Advice ​and Assistance. In appropriate cases, an application ​for Legal Representation should be made.
-to all the circumstances including the purpose ​of the Disbursement in the +
-context of the particular case (that ishaving regard to the justification ​and +
-need for it as against the value and importance of the case), the particular +
-service involved, the extent to which there is a choice of alternative service +
-providers and whether all elements of the service are justified in the +
-particular case and at the particular time.+
  
-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 
-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 +direction from the court that the witness expenses may not be  claimed 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 reasonably incurred.
- ​direction from the court that the witness expenses may not be claimed +
-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 +
-reasonably incurred.+
  
 Mileage rate Mileage rate
-5.48 Where you are permitted to claim travel costs under this Specification,​ the + 
-mileage rate is 45p per mile.+5.48 Where you are permitted to claim travel costs under this Specification,​ the 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 provided for under Legal Aid Legislation. 
-their costs must be claimed under the appropriate remuneration scheme as + 
-provided for under Legal Aid Legislation.+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:
  
-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: 
 (a) included as a disbursement in your Claim; and (a) included as a disbursement in your Claim; and
-(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. 
  
-5.52 Where an in-house advocate undertakes advocacy in the magistrates’ court +(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.
-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 +
-agent subject ​to the exception in Paragraph 5.53.+
  
-5.53 Where a Representation Order includes instruction of Assigned Counsel and +5.52 Where an in-house advocate ​undertakes ​advocacy in the magistrates’ court their charges must be included in your Claim as profit costsWhere the in- house advocate is employed by another Provider this will be as a Solicitor ​agent subject ​to the exception in Paragraph 5.53.
-an in-house ​solicitor ​advocate ​is instructed they may claim advocacy ​and +
-preparation costs at the rates set out in the Criminal Legal Aid +
-(Remuneration) Regulations 2013The rates claimable shall be those +
-applicable to a Solicitor ​undertaking the advocacy and not the rate +
-applicable ​to Counsel. +
-Non-chargeable work+
  
-5.54 Save as otherwise provided by this Specification,​ payment will not be made +5.53 Where a Representation Order includes instruction of Assigned Counsel and an in-house solicitor advocate is instructed they may claim advocacy and preparation costs at the rates set out in the Criminal Legal Aid (Remuneration) Regulations 2013. The rates claimable shall be those applicable to a Solicitor undertaking the advocacy and not the rate applicable to Counsel.
-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 +Non-chargeable ​work
-provision of legal services to the Client. Thus you will not be paid for time +
-spent in opening and setting up files, the maintenance of time or costing +
-records or in meeting the administrative requirements of your Contract and +
-completing the Claim for costs. You may charge for work done in the +
-exercise of Delegated Functions and recording of such exercise.+
  
-5.56 Unless the case involves a novel, developing, unusual or difficult point of +5.54 Save as otherwise provided ​by this Specificationpayment ​will not be made under it for the time you spend on purely administrative matters.
-law, justifying either legal research ​by you or the obtaining of an opinion +
- from Counsel or an in-house advocatetime spent on legal research ​will +
-not normally ​be paid for as Contract Work. +
-Standards of Contract Work+
  
-5.57 Contract ​Work must be undertaken by a competent ​and experienced +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 spent in opening ​and setting up files, the maintenance of time or costing records or in meeting the administrative requirements of your Contract ​and completing the Claim for costsYou may charge ​for work done in the exercise of Delegated Functions and recording of such exercise.
-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 +
-accordance with this Specification.+
  
-5.58 Paragraphs ​5.56 and 5.57 do not prevent you from undertaking reasonable +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 
-checks ​of the current ​law in the normal course ​of Contract Work and does +from Counsel or an in-house advocate, time spent on legal research will  not normally be paid for as Contract Work.
-not prevent payment for the application of the law to the facts of the case, +
-provided that the time spent is reasonable.+
  
-5.59 Where additional work has been undertaken as a result ​of your error or +Standards ​of Contract Work
-omission, resulting in additional costs being incurred unnecessarily,​ you +
-must not Claim payment under this Specification.+
  
-436. +5.57 Contract Work must be undertaken by a competent and experienced 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 accordance with this Specification.
-Duty Solicitor Provisions +
-Overview+
  
-6.1 The obligation to undertake work on Duty Schemes is yours and not that of +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 not prevent payment for the application of the law to the facts of the case, provided that the time spent is reasonable.
-the individual Duty Solicitor(s) Engaged by you.+
  
-6.2 Your Schedule will list the Duty Schemes on which you may undertake +5.59 Where additional work has been undertaken as a result of your error or omission, resulting in additional costs being incurred unnecessarily, ​you must not Claim payment under this Specification. 
-Duty Solicitor ​work. Subject to Paragraph ​6.32, to maintain Duty Scheme +6. Duty Solicitor ​Provisions Overview 
-membership you must, at all times during the Contract Period, have at +6.1 The obligation ​to undertake work on Duty Schemes is yours and not that of the individual ​Duty Solicitor(s) Engaged by you.
-least one Duty Solicitor registered ​on each Duty Scheme you are a +
-member ​of and provide ​Duty Solicitor ​services on that Scheme. If you +
-cease to meet this requirement we will ordinarily remove your Duty +
-Scheme membership from any affected Scheme.+
  
-6.3 You cannot apply to join any Duty Schemes during the Contract Period +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 membership you must, at all times during the Contract Period, have at least one Duty Solicitor registered on each Duty Scheme ​you are a  member of and provide Duty Solicitor services on that SchemeIf  you cease to meet this requirement we will ordinarily remove your Duty  ​Scheme membership ​from any affected ​Scheme.
-unless we invite ​you to applyInvitations ​will only be issued where there is +
-a reduction in Scheme membership ​necessitating such an invitation or as a +
-result of amendment to Scheme ​boundaries in accordance with Paragraph+
  
-6.60.+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 a reduction in Scheme membership necessitating such an invitation or as a result of amendment to Scheme boundaries in accordance with Paragraph ​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 website sets out the geographical ambit of each Scheme by reference to postcodes so that you can determine which Scheme(s) you are eligible for by virtue of each Office.
-you are eligible to be a member of. The Duty Solicitor Postcode Tool on our +
-website sets out the geographical ambit of each Scheme by reference to +
-postcodes so that you can determine which Scheme(s) you are eligible for +
-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 ​ of Duty Slots you are allocated is also dependent on the number of Duty Slots available on that Scheme, and on the number of other Providers who have also joined and whose Duty Solicitors have applied to do Duty Solicitor work.
-Duty Slots which are allocated to you on relevant Schemes. The number +
-of Duty Slots you are allocated is also dependent on the number of Duty +
-Slots available on that Scheme, and on the number of other Providers who +
-have also joined and whose Duty Solicitors have applied to do Duty +
-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 required, on neighbouring Schemes on which they may not be a member.
-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.+
  
-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 Clause 21.9 of the Standard Terms and you must give us at least three months’ written notice.
-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 +
-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 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.
-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 +
-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 Contract Period that the Scheme becomes unviable. In these  circumstances,​ a consultation in accordance with Paragraph 6.60 will follow where we will consider increasing the postcode area to increase Scheme membership.
-if membership of a particular Scheme becomes so reduced during the +
-Contract Period that the Scheme becomes unviable. In these +
-circumstances,​ a consultation in accordance with Paragraph 6.60 will follow +
-where we will consider increasing the postcode area to increase Scheme +
-membership.+
  
 Police Station Duty Scheme membership: London CJS Area Police Station Duty Scheme membership: London CJS Area
-February 2017+6.11 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 Solicitor Postcode Tool) related to the London Borough in which that Office is situated.
  
-446.11 Duty Solicitors undertaking ​Duty Solicitor ​work from an Office in the +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 Borough in which the relevant ​Office is situated.
-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 +
-is situated.+
  
-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 
-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 Duty Solicitor Postcode Tool) related to the London Borough in which that Office is situated. 
-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 +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 Postcode Tool) to the London Borough in which the relevant ​Office is situated ​and any associated youth court Duty Schemes.
-Office is situated.+
  
-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 
-Postcode Tool) to the London Borough in which the relevant Office is 
-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 Duty Solicitor work and you must maintain a Record of the evidence of compliance with the requirements needed to maintain Duty Solicitor status.
-qualified in accordance with the provisions of this Contract to undertake +
-Duty Solicitor work and you must maintain a Record of the evidence of +
-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 appropriate to do so).
-Solicitor work by checking their Accreditation (when we consider it is +
-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. This rule does not prevent a Duty Solicitor from being used as an Agent or a locum by another Provider or undertaking Contract Work for  you from any other Offices you may have.
-Solicitor(s) work. You may only notify us of one such Office for each Duty +
-Solicitor. This rule does not prevent a Duty Solicitor from being used as an +
-Agent or a locum by another Provider or undertaking Contract Work for +
-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 Duty Solicitors) must not be special constables.
  
-6.20 Your Duty Solicitors (and any Accredited Representatives used by your 
-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 be Engaged by you and comply with the requirements of Paragraphs 6.22 to 6.25. 
-seconded from another organisation etc, however, they must in all cases + 
-be Engaged by you and comply with the requirements of Paragraphs 6.22 +Engagement of Duty Solicitors and continued entitlement to retain Duty Slots and deploy Duty Solicitors 
-to 6.25.+6.22 Your entitlement to deploy Duty Solicitors to undertake Duty Solicitor work and retain Duty Slots issued to you in their name under this Contract is dependent on them each: 
 + 
 +(a) undertaking at least two hours CPD annually on issues relevant to the law, practice and procedure in the Police Station or magistrates’ courts;
  
-Engagement ​of Duty Solicitors ​and continued entitlement ​to retain Duty +(b) undertaking a minimum ​of 36 court hearings ​and Police Station attendances in each rolling 12 month period ​to include:
-Slots and deploy Duty Solicitors +
-February 2017+
  
-456.22 
-Your entitlement to deploy Duty Solicitors to undertake Duty Solicitor work 
-and retain Duty Slots issued to you in their name under this Contract is 
-dependent on them each: 
-(a) undertaking at least two hours CPD annually on issues relevant to the 
-law, practice and procedure in the Police Station or magistrates’ 
-courts; 
-(b) undertaking a minimum of 36 court hearings and Police Station 
-attendances in each rolling 12 month period to include: 
 (i) a minimum of 12 magistrates’ court hearings; (i) a minimum of 12 magistrates’ court hearings;
-(ii) a minimum of 12 Police + 
-telephone advice); and +(ii) a minimum of 12 Police Station attendances (excluding ​telephone advice); and 
-(iii) a further 12 hearings or attendances which may be made up of + 
-any combination of: +(iii) a further 12 hearings or attendances which may be made up of any combination of: 
-Station +
-attendances +
-(excluding+
 i. Crown Court hearings; i. Crown Court hearings;
 +
 ii. magistrates’ court hearings; ii. magistrates’ court hearings;
 +
 iii. Police Station attendances;​ or iii. Police Station attendances;​ or
-iv. magistrates’ court Duty Slots including the representation of 
-at least one client 
-with at least three magistrates’ court or Crown Court hearings and at 
-least three Police Station attendances in each rolling three month 
-period; and 
-(c) 
-continuing to undertake Duty Solicitor work generally by, in each 
-rolling 12 months period, undertaking Police Station Duty Solicitor 
-attendances (excluding telephone advice) on no less than four Duty 
-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 +ivmagistrates’ court Duty Slots including the representation ​of at least one client
-must undertake a minimum ​of 14 hours’ Contract Work for you per week +
-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 +with at least three magistrates’ court or Crown Court hearings and at least three Police Station attendances ​in each rolling ​three month period; and
-monthly basis to accommodate different working patterns.+
  
-6.25 You may retain Duty Slots allocated in respect of Duty Solicitors where the +(c) continuing to undertake Duty Solicitor work generally by, in each rolling 12 months period, undertaking Police Station Duty Solicitor attendances (excluding telephone advice) on no less than four Duty Slots allocated by us in that Duty Solicitor’s name. 
-named Duty Solicitor is:+ 
 +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 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 monthly basis to accommodate different working patterns. 
 + 
 +6.25 You may retain Duty Slots allocated in respect of Duty Solicitors where the named Duty Solicitor is: 
 + 
 +(a) absent as a result of a period of maternity or paternity leave up to a maximum of 12 months from the date of absence provided you have not been informed they do not intend to return; or 
 + 
 +(b) absent as a result of period of sick leave up to a maximum of six months from the date of first absence. 
 + 
 +6.26 Retaining Slots issued in a Duty Solicitor’s name who does not meet the requirements in Paragraphs 6.22 to 6.25 is a material breach of Contract and entitles us to issue a Sanction under Clause 24 of the Standard Terms. You are not eligible to receive payment for any work undertaken on    Duty 
 +Slots obtained as a result of such a breach and payments made as a result shall be an “overpayment or mispayment” as defined in Clause 14. 
 + 
 +6.27 You must maintain a Record in accordance with the provisions in Clause 3 of the evidence of compliance with Paragraphs 6.22 to 6.25.
  
-6.26 
-(a) absent as a result of a period of maternity or paternity leave up to a 
-maximum of 12 months from the date of absence provided you have 
-not been informed they do not intend to return; or 
-(b) absent as a result of period of sick leave up to a maximum of six 
-months from the date of first absence. 
-Retaining Slots issued in a Duty Solicitor’s name who does not meet the 
-requirements in Paragraphs 6.22 to 6.25 is a material breach of Contract 
-and entitles us to issue a Sanction under Clause 24 of the Standard Terms. 
-You are not eligible to receive payment for any work undertaken on Duty 
-February 2017 
-46Slots obtained as a result of such a breach and payments made as a result 
-shall be an “overpayment or mispayment” as defined in Clause 14. 
-6.27 
-You must maintain a Record in accordance with the provisions in Clause 3 
-of the evidence of compliance with Paragraphs 6.22 to 6.25. 
 Removal from Duty Schemes Removal from Duty Schemes
-6.28 + 
-Where we remove you from membership of a Duty Scheme under +6.28 Where we remove you from membership of a Duty Scheme under Paragraph 2.54, the removal will be effective immediately. 
-Paragraph 2.54, the removal will be effective immediately.+
 Changes in circumstances – Duty Solicitors Changes in circumstances – Duty Solicitors
-6.29 + 
-You must notify us immediately if any of the following circumstances +6.29 You must notify us immediately if any of the following circumstances arises: 
-arises: + 
-(a) a Duty Solicitor gives notice of leaving or leaves your employment or +(a) a Duty Solicitor gives notice of leaving or leaves your employment or otherwise ceases or is to cease being Engaged by you as a Duty Solicitor; 
-otherwise ceases or is to cease being Engaged by you as a Duty + 
-Solicitor;​ +(b) a Duty Solicitor is absent as a result of maternity or paternity leave for a period of greater than 12 months from the date of first absence; 
-(b) a Duty Solicitor is absent as a result of maternity or paternity leave + 
-for a period of greater than 12 months from the date of first absence; +(c) a Duty Solicitor is absent for a period in excess of six months from the date of first absence; 
-(c) a Duty Solicitor is absent for a period in excess of six months from + 
-the date of first absence; +(d) any of your Duty Solicitors are under investigation for, or have been charged with, a criminal offence; 
-(d) any of your Duty Solicitors are under investigation for, or have been + 
-charged with, a criminal offence; +(e) any proceedings have been instituted before the Adjudication Committee ​ of  the  Solicitors ​ Regulation ​ Authority, ​ the    Solicitors’
-(e) any proceedings have been instituted before the Adjudication +
-Committee of the Solicitors Regulation Authority, the Solicitors’+
 Disciplinary Tribunal or another Relevant Professional Body; or Disciplinary Tribunal or another Relevant Professional Body; or
-(f) the Adjudication Committee of the Solicitors Regulation Authority or 
-the Solicitors’ Disciplinary Tribunal has made an adverse finding. 
-6.30 A failure to notify us under Paragraph 6.29 which results in additional Rota 
-Duty Slots being allocated to you to the detriment of the other members of 
-the Scheme will result in an equivalent reduction in the number of Duty 
-Slots being allocated to you when the next Rota is drawn up. 
-6.31 Where a Duty Solicitor ceases to be Engaged by you and the date they will 
-cease to be Engaged is after the deadline for the provision of Rota 
-information pursuant to Paragraph 6.35 but before the start of the 
-following Rota period we will remove all Duty Slots allocated in respect of 
-the Duty Solicitor from that following Rota and redistribute them. 
-6.32 Where a Duty Solicitor ceases to be Engaged by you during a Rota period 
-but before the deadline for the provision of Rota information pursuant to 
-Paragraph 6.35 relating to any subsequent Rota period we will not remove 
-Duty Slots allocated in respect of that Duty Solicitor for the current Rota 
-period. 
-6.33 Where a Duty Solicitor is absent in the circumstances and for the periods 
-specified in Paragraphs 6.29(b) and (c) we will remove all Duty Slots 
-allocated in respect of that Duty Solicitor at the conclusion of that specified 
-period in accordance with Paragraphs 6.47 to 6.49. 
  
-6.34 +(f) the Adjudication Committee of the Solicitors Regulation Authority or the Solicitors’ Disciplinary Tribunal has made an adverse finding. 
-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 +6.30 A failure to notify us under Paragraph 6.29 which results in additional Rota Duty Slots being allocated to you to the detriment of the other members of the Scheme will result in an equivalent reduction in the number of Duty Slots being allocated to you when the next Rota is drawn up. 
-excluded or suspended from acting as a Duty Solicitor.+ 
 +6.31 Where a Duty Solicitor ceases to be Engaged by you and the date they will cease to be Engaged is after the deadline for the provision of Rota information pursuant to Paragraph 6.35 but before the start of the following Rota period we will remove all Duty Slots allocated in respect of the Duty Solicitor from that following Rota and redistribute them. 
 + 
 +6.32 Where a Duty Solicitor ceases to be Engaged by you during a Rota period but before the deadline for the provision of Rota information pursuant to Paragraph 6.35 relating to any subsequent Rota period we will not remove Duty Slots allocated in respect of that Duty Solicitor for the current Rota period. 
 + 
 +6.33 Where a Duty Solicitor is absent in the circumstances and for the periods specified in Paragraphs 6.29(b) and (c) we will remove all Duty Slots allocated in respect of that Duty Solicitor at the conclusion of that specified period in accordance with Paragraphs 6.47 to 6.49. 
 +6.34 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 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 CRM12 form for each of them by the deadline notified by us on our  website. A properly completed CRM12 will allow that Duty Solicitor’s name to be entered on the Rota or Panel of the Schemes you are a member of and will result in you being allocated Duty Slots on that Scheme when Rotas are next issued.
-you must apply for them to undertake Duty Solicitor work by completing a +
-CRM12 form for each of them by the deadline notified by us on our +
-website. A properly completed CRM12 will allow that Duty Solicitor’s name +
-to be entered on the Rota or Panel of the Schemes you are a member of +
-and will result in you being allocated Duty Slots on that Scheme when +
-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 allocated to you, be included on the subsequent Rota or Panel (if the CRM12 form is received before the cut-off date for the next Rota) or be 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.
-CRM12 form may undertake Back-up work and cover Duty Slots already +
-allocated to you, be included on the subsequent Rota or Panel (if the +
-CRM12 form is received before the cut-off date for the next Rota) or be +
-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.+
  
-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 provision in this Contract, receive a payment for the use of their details on a CRM12 form for the purpose ​of obtaining additional Slots but are not Engaged and integrated into your organisation and used to deliver Contract Work. Such persons ​are commonly referred to as “ghosts”;​ or
-payment for the use of their +
-of obtaining additional Slots +
-your organisation and used +
-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 will have access to Slots allocated in respect of that Duty Solicitor on maternity or paternity leave); or
-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 +
-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 benefit of Duty Slots issued their name.
-Solicitor you have used to obtain Duty Slots whilst you have the +
-benefit of Duty Slots issued their name+
-provision in this Contract, receive a +
-details on a CRM12 form for the purpose +
-but are not Engaged and integrated into +
-to deliver Contract Work. Such persons +
-“ghosts”;​ or +
-Any breach of this Clause 6.37 is a Fundamental Breach. You are not +
-eligible to receive payment for any work undertaken on Slots obtained as a +
-result of such a breach and payments made as a result shall be an +
-“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 +Any breach of this Clause 6.37 is a Fundamental Breach. You are not eligible to receive payment for any work undertaken on Slots obtained as a result of such a breach and payments made as a result shall be an “overpayment or mispayment” as defined in Clause 14. 
-or her suspension or exclusion from Duty Scheme work.+ 
 +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.
  
 6.39 Where a Duty Solicitor: 6.39 Where a Duty Solicitor:
-(a) 
-is under investigation,​ faces an outstanding criminal charge or has 
-been convicted of a criminal offence which is not treated as spent 
-under the Rehabilitation of Offenders Act 1974; or 
  
-48(b+(ais under investigation,​ faces an outstanding criminal charge or has been convicted of a criminal offence which is not treated as spent under the Rehabilitation of Offenders Act 1974; or 
-has been the subject of any adverse findings by the Adjudication +(b) has been the subject of any adverse findings by the Adjudication Committee of the Solicitors Regulation Authority or by the Solicitors’ Disciplinary Tribunal, or where any complaint or application to either body has not been determined, 
-Committee of the Solicitors Regulation Authority or by the Solicitors’ + 
-Disciplinary Tribunal, or where any complaint or application to either +we may refuse the CRM12 for that Duty Solicitor, provided that we give  you and the Duty Solicitor written reasons for our decision.
-body has not been determined,​ +
-we may refuse the CRM12 for that Duty Solicitor, provided that we give +
-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 within 30 days of the date of receipt of the application. 
-Where we approve a CRM12, we will notify you and the Duty Solicitor +
-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 you disagree with the decision to refuse to approve a CRM12 then you may have that decision reviewed under the provisions of Clause 27 of the Standard Terms.
-of reasons for the decision within 30 days of receipt of the application. If +
-you disagree with the decision to refuse to approve a CRM12 then you may +
-have that decision reviewed under the provisions of Clause 27 of the +
-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 subject of that CRM12 is properly qualified or Accredited. 
-we do not have adequate evidence that the Duty Solicitor who is the + 
-subject of that CRM12 is properly qualified or Accredited. +6.43 There is no right of appeal to us against a refusal, revocation or suspension of Accreditation by the Law Society. Such appeals should be directed to the relevant accreditation assessment organisation or to the Law Society. 
-6.43 There is no right of appeal to us against a refusal, revocation or suspension + 
-of Accreditation by the Law Society. Such appeals should be directed to the +Suspension or exclusion of Duty Solicitors from undertaking Duty Solicitor work 
-relevant accreditation assessment organisation or to the Law Society. + 
-Suspension or exclusion of Duty Solicitors from undertaking Duty Solicitor +6.44 We may suspend for a period of up to 12 months or exclude a Duty Solicitor from undertaking work on the Scheme or Schemes of which you are a member if he or she fails to meet any of the criteria in Paragraph 
-work +6.22 in relation to a Scheme. On suspension, we may impose conditions, which must be met before that Duty Solicitor resumes undertaking work on the relevant Scheme or Schemes. 
-6.44 We may suspend for a period of up to 12 months or exclude a Duty + 
-Solicitor from undertaking work on the Scheme or Schemes of which you +6.45 Where we suspend or exclude a Duty Solicitor we shall remove all Duty Slots issued in their name. 
-are a member if he or she fails to meet any of the criteria in Paragraph + 
-6.22 in relation to a Scheme. On suspension, we may impose conditions, +6.46 We will not suspend or exclude a Duty Solicitor from undertaking Duty Solicitor work on a Scheme or Schemes where any of the criteria in Paragraph 6.22 is not met for some reasonable justification. 
-which must be met before that Duty Solicitor resumes undertaking work on + 
-the relevant Scheme or Schemes. +6.47 Without limitation to our rights under Clauses 24 and 25 of the Standard Terms, we may, by way of a Sanction, suspend or remove your entitlement to use a particular Duty Solicitor to undertake Duty Solicitor work under this Contract on a Scheme or Schemes where that Duty Solicitor: - 
-6.45 Where we suspend or exclude a Duty Solicitor we shall remove all Duty + 
-Slots issued in their name. +(a) is under investigation,​ faces an outstanding criminal charge or has been convicted of a criminal offence or is the subject of an investigation by their Relevant Professional Bodies; or 
-6.46 We will not suspend or exclude a Duty Solicitor from undertaking Duty + 
-Solicitor work on a Scheme or Schemes where any of the criteria in +(b) does not demonstrate,​ or no longer demonstrates,​ the level of competence required for Accreditation or Accreditation has been suspended or revoked or (it transpires) has never been accredited);​ or
-Paragraph 6.22 is not met for some reasonable justification. +
-6.47 Without limitation to our rights under Clauses 24 and 25 of the Standard +
-Terms, we may, by way of a Sanction, suspend or remove your entitlement +
-to use a particular Duty Solicitor to undertake Duty Solicitor work under +
-this Contract on a Scheme or Schemes where that Duty Solicitor: - +
-(a) is under investigation,​ faces an outstanding criminal charge or has +
-been convicted of a criminal offence or is the subject of an +
-investigation by their Relevant Professional Bodies; or +
-(b) does not demonstrate,​ or no longer demonstrates,​ the level of +
-competence required for Accreditation or Accreditation has been +
-suspended or revoked or (it transpires) has never been accredited);​ +
-or +
-February 2017 +
-496.48+
 (c) becomes medically unfit to undertake Duty Solicitor work; or (c) becomes medically unfit to undertake Duty Solicitor work; or
 +
 (d) is no longer Engaged by you. (d) is no longer Engaged by you.
-Where we are considering suspending or excluding one of your Duty + 
-Solicitors from undertaking Duty Solicitor work, we will:+6.48 Where we are considering suspending or excluding one of your Duty Solicitors from undertaking Duty Solicitor work, we will: 
 (a) notify you and the Duty Solicitor of our reasons in writing; or (a) notify you and the Duty Solicitor of our reasons in writing; or
-(b) offer you and the Duty Solicitor an opportunity to make written + 
-representations against our decision. +(b) offer you and the Duty Solicitor an opportunity to make written representations against our decision. 
-6.49 Where a Duty Solicitor is suspended from undertaking Duty Solicitor work + 
-on a Scheme under Paragraph 6.47 you may apply to us using form CRM12 +6.49 Where a Duty Solicitor is suspended from undertaking Duty Solicitor work on a Scheme under Paragraph 6.47 you may apply to us using form CRM12 once the suspension period has expired for that Duty Solicitor to be able to undertake Duty Solicitor work again. The reasons for the Duty Solicitor’s suspension or exclusion may be considered by us in deciding whether to approve that CRM12. 
-once the suspension period has expired for that Duty Solicitor to be able to + 
-undertake Duty Solicitor work again. The reasons for the Duty Solicitor’s +6.50 We will suspend or exclude a Duty Solicitor from undertaking Duty Solicitor Work until any appeal by you has been concluded unless we consider that  it is reasonable to suspend or exclude the Duty Solicitor prior to the outcome of the informal reconsideration. You and the affected Duty Solicitor will be notified in writing of our decision under this Paragraph. 
-suspension or exclusion may be considered by us in deciding whether to +
-approve that CRM12. +
-6.50 We will suspend or exclude a Duty Solicitor from undertaking Duty Solicitor +
-Work until any appeal by you has been concluded unless we consider that +
-it is reasonable to suspend or exclude the Duty Solicitor prior to the +
-outcome of the informal reconsideration. You and the affected Duty +
-Solicitor will be notified in writing of our decision under this Paragraph.+
 Management of Duty Schemes Management of Duty Schemes
 +
 Rotas, Panels and Call Ins Rotas, Panels and Call Ins
-6.51 + 
-We shall decide: +6.51 We shall decide: 
-(a) whether there should be attendance or Call In (whether by Rota or + 
-Panel) cover, or a combination of both, for each magistrates’ court +(a) whether there should be attendance or Call In (whether by Rota or Panel) cover, or a combination of both, for each magistrates’ court Scheme; and 
-Scheme; and + 
-(b) whether there should be Rota or Panel cover, or a combination of +(b) whether there should be Rota or Panel cover, or a combination of both, for each Police Station Scheme; and 
-both, for each Police Station Scheme; and + 
-the times during which such arrangements shall be in operation. For the +the times during which such arrangements shall be in operation. For the avoidance of doubt, if we wish to amend these arrangements,​ in both instances we will also consult in accordance with Paragraph 6.59. 
-avoidance of doubt, if we wish to amend these arrangements,​ in both +
-instances we will also consult in accordance with Paragraph 6.59.+
 Slot allocation Slot allocation
-6.52 For each Scheme (run by Rota) we shall create a list of Duty Slots. + 
-Providers who are members of that Scheme will be allocated Duty Slots on +6.52 For each Scheme (run by Rota) we shall create a list of Duty Slots. Providers who are members of that Scheme will be allocated Duty Slots on the Rota in proportion to the number of Duty Solicitors who submitted properly completed CRM12 forms for that Provider by the deadline notified by us on our website. 
-the Rota in proportion to the number of Duty Solicitors who submitted + 
-properly completed CRM12 forms for that Provider by the deadline notified +6.53 For Police Station Schemes run by Panel, Providers who are members of that Scheme will be allocated one place on the Panel List for every Duty Solicitor Engaged by them and who have submitted properly completed CRM12 forms. 
-by us on our website. +
-6.53 For Police Station Schemes run by Panel, Providers who are members of +
-that Scheme will be allocated one place on the Panel List for every Duty +
-Solicitor Engaged by them and who have submitted properly completed +
-CRM12 forms.+
 Rotas Rotas
-February 2017 +6.54 If additional Duty Solicitors are required at short notice to respond to unusual demands, the DSCC will call Providers on that Scheme using Back– up. 
-506.54 If additional Duty Solicitors are required at short notice to respond to + 
-unusual demands, the DSCC will call Providers on that Scheme using Back– +6.55 We will normally produce Rotas covering a period of three to six months and will normally issue Rotas one month before the start date of the Rotas. Operational requirements may necessitate Rotas of a shorter length being produced. 
-up. + 
-6.55 We will normally produce Rotas covering a period of three to six months +6.56 We may amend the last three months of a six-month Rota (or second half of a Rota of shorter length) to correct errors or omissions of Duty Slot allocation in the first two months of that Rota (or equivalent period in a Rota of shorter length). One month’s notice will be given of any such amendment unless operational reasons outside our control necessitate having to give a shorter period of notice. 
-and will normally issue Rotas one month before the start date of the Rotas. + 
-Operational requirements may necessitate Rotas of a shorter length being +6.57 Copies of any Scheme list showing Rota Duty Slot allocation (or list for a Call In Scheme) will be sent, as appropriate,​ to the magistrates’ court, the DSCC and each Provider who is a member of that Scheme. 
-produced. +
-6.56 We may amend the last three months of a six-month Rota (or second half +
-of a Rota of shorter length) to correct errors or omissions of Duty Slot +
-allocation in the first two months of that Rota (or equivalent period in a +
-Rota of shorter length). One month’s notice will be given of any such +
-amendment unless operational reasons outside our control necessitate +
-having to give a shorter period of notice. +
-6.57 Copies of any Scheme list showing Rota Duty Slot allocation (or list for a +
-Call In Scheme) will be sent, as appropriate,​ to the magistrates’ court, the +
-DSCC and each Provider who is a member of that Scheme.+
 Panels Panels
-6.58 Duty Solicitors who are new to a particular Scheme, which is operated by + 
-Panel, (as opposed to Rota) will be added to the end of the Panel List +6.58 Duty Solicitors who are new to a particular Scheme, which is operated by Panel, (as opposed to Rota) will be added to the end of the Panel List within 7 days of our approval of their CRM12. 
-within 7 days of our approval of their CRM12. + 
-6.59 Panel work will be allocated by the DSCC (for Police Station Advice and +6.59 Panel work will be allocated by the DSCC (for Police Station Advice and Assistance) in a consecutive sequence. Magistrates’ Court Panel schemes may be organised by a ‘rota’ arrangement,​ whereby the members of that Panel are told in advance when they are to attend the court, or by way of a Call In Scheme, whereby the court telephones the members in a consecutive sequence when they are required to attend. 
-Assistance) in a consecutive sequence. Magistrates’ Court Panel schemes +
-may be organised by a ‘rota’ arrangement,​ whereby the members of that +
-Panel are told in advance when they are to attend the court, or by way of a +
-Call In Scheme, whereby the court telephones the members in a +
-consecutive sequence when they are required to attend.+
 Amending Scheme boundaries during the Contract Period Amending Scheme boundaries during the Contract Period
-6.60 + 
-We may, by prior consultation for at least three weeks with the relevant +6.60 We may, by prior consultation for at least three weeks with the relevant Providers who are members of affected Schemes, change the postcode boundaries of Schemes if a magistrates’ court closure or a Police Station closure (whether temporary or permanent), or reduction in membership of a Scheme necessitates such a change. 
-Providers who are members of affected Schemes, change the postcode +
-boundaries of Schemes if a magistrates’ court closure or a Police Station +
-closure (whether temporary or permanent), or reduction in membership of +
-a Scheme necessitates such a change.+
 Client awareness Client awareness
-6.61 + 
-We will take steps to ensure that potential Clients are made aware of the +6.61 We will take steps to ensure that potential Clients are made aware of the availability of the Duty Scheme at Police Stations and magistrates’ courts. 
-availability of the Duty Scheme at Police Stations and magistrates’ courts.+
 Services cases Services cases
-6.62 + 
-We may introduce a special panel for cases where Services Persons require +6.62 We may introduce a special panel for cases where Services Persons require Advice and Assistance and Advocacy Assistance. 
-Advice and Assistance and Advocacy Assistance.+
 Client’s right to instruct another Solicitor Client’s right to instruct another Solicitor
-6.63 + 
-You must ensure that all staff undertaking Police Station Duty Solicitor +6.63 You must ensure that all staff undertaking Police Station Duty Solicitor work carry an identification card as specified by us for production when attending Police Stations. 
-work carry an identification card as specified by us for production when +6.64 In all matters, a Duty Solicitor (or Accredited Representative as appropriate) must inform every Client that he or she is not obliged to instruct the Duty Solicitor. 
-attending Police Stations. + 
-February 2017 +6.65 If a Client wishes another Solicitor to act, the Duty Solicitor (or Accredited Representative as appropriate) must not act unless the named Solicitor is not available and the Client asks the Duty Solicitor to act on that occasion. 
-516.64 In all matters, a Duty Solicitor (or Accredited Representative as + 
-appropriate) must inform every Client that he or she is not obliged to +6.66 If a Duty Solicitor (or Accredited Representative as appropriate) does not continue to act for a Client, he or she must make available to any Solicitor subsequently instructed any relevant information or papers. 
-instruct the Duty Solicitor. + 
-6.65 If a Client wishes another Solicitor to act, the Duty Solicitor (or Accredited +6.67 Subject to Paragraph 6.69 below, a Duty Solicitor (including a Virtual Court Duty Solicitor) must not act for a Client who has his Own Solicitor unless 
-Representative as appropriate) must not act unless the named Solicitor is +
-not available and the Client asks the Duty Solicitor to act on that occasion. +
-6.66 If a Duty Solicitor (or Accredited Representative as appropriate) does not +
-continue to act for a Client, he or she must make available to any Solicitor +
-subsequently instructed any relevant information or papers. +
-6.67 Subject to Paragraph 6.69 below, a Duty Solicitor (including a Virtual Court +
-Duty Solicitor) must not act for a Client who has his Own Solicitor unless+
 (a) the court session takes place on a non-Business Day; or (a) the court session takes place on a non-Business Day; or
 +
 (b) the Client is unable to secure his Own Solicitor’s attendance; or (b) the Client is unable to secure his Own Solicitor’s attendance; or
-(c) the court is unable to determine whether the Client has his Own + 
-Solicitor (because no determination has been made). +(c) the court is unable to determine whether the Client has his Own Solicitor (because no determination has been made). 
-6.68 If a court Duty Solicitor represents a Client in the circumstances mentioned + 
-in Paragraph 6.66 above, he must take all reasonable steps to notify the +6.68 If a court Duty Solicitor represents a Client in the circumstances mentioned in Paragraph 6.66 above, he must take all reasonable steps to notify the Client’s Own Solicitor as soon as possible after the hearing. 
-Client’s Own Solicitor as soon as possible after the hearing. + 
-6.69 A court Duty Solicitor may act as an Agent for a Client’s Own Solicitor, but +6.69 A court Duty Solicitor may act as an Agent for a Client’s Own Solicitor, but this cannot not be claimed as Duty Solicitor work. 
-this cannot not be claimed as Duty Solicitor work. +7. Very High Cost Cases (VHCCs) 
-February 2017 + 
-527. Very High Cost Cases (VHCCs) +7.1 For the avoidance of doubt, VHCC work is not within the scope of this Contract and is subject to separate contracting arrangements. However, you must comply with the obligations set out below in this Specification in relation to cases that may become VHCCs. 
-7.1 For the avoidance of doubt, VHCC work is not within the scope of this + 
-Contract and is subject to separate contracting arrangements. However, +7.2 Any question as to whether a case should be classified as a VHCC within the meaning of Criminal Remuneration Regulations will be referred to and decided by us. 
-you must comply with the obligations set out below in this Specification in + 
-relation to cases that may become VHCCs. +7.3 You must notify us in writing of a potential VHCC as soon as it appears that the case will be, or is likely to be, a VHCC within the meaning of Criminal Remuneration Regulations. If it does, or if you are in any doubt, you must notify us within five Business Days of: 
-7.2 Any question as to whether a case should be classified as a VHCC within +
-the meaning of Criminal Remuneration Regulations will be referred to and +
-decided by us. +
-7.3 You must notify us in writing of a potential VHCC as soon as it appears that +
-the case will be, or is likely to be, a VHCC within the meaning of Criminal +
-Remuneration Regulations. If it does, or if you are in any doubt, you must +
-notify us within five Business Days of:+
 (a) the earliest hearing at which the court sets a trial estimate; or (a) the earliest hearing at which the court sets a trial estimate; or
 +
 (b) you identifying that the case will be or is likely to be a VHCC. (b) you identifying that the case will be or is likely to be a VHCC.
-7.4 You must make a note on file to confirm that you have complied with + 
-Paragraph 7.3. +7.4 You must make a note on file to confirm that you have complied with Paragraph 7.3. 
-7.5 You must not carry out any further Contract Work under this Contract on a + 
-case which we classify as a VHCC from such date as we may specify and +7.5 You must not carry out any further Contract Work under this Contract on a case which we classify as a VHCC from such date as we may specify and must not make any claim for any further work under this Contract on that VHCC. 
-must not make any claim for any further work under this Contract on that + 
-VHCC. +7.6 Where we instruct you to pass the VHCC to another Provider, you may only claim under the terms of the Criminal Remuneration Regulations for work properly done up to the date of such instruction by us. 
-7.6 Where we instruct you to pass the VHCC to another Provider, you may only + 
-claim under the terms of the Criminal Remuneration Regulations for work +7.7 Where Paragraph 7.6 applies, if you retain the case on a pro-bono basis then you must provide us with a signed confirmation from the Client that  he or she agrees to you continuing to represent them on a pro-bono basis and that they understand that they could, if they so wish, have their Representation Order transferred to another Provider that is authorised by us to undertake VHCC work. 
-properly done up to the date of such instruction by us. +8. Claims, Costs, Assessments and Reviews Claims 
-7.7 Where Paragraph 7.6 applies, if you retain the case on a pro-bono basis +8.1 You must submit Claims to us in accordance with the specific provisions applicable to each Unit of Work in this Contract. 
-then you must provide us with a signed confirmation from the Client that + 
-he or she agrees to you continuing to represent them on a pro-bono basis +8.2 Unless this Contract otherwise provides, at the conclusion of any Matter or Case or Duty Period, you must submit a Claim for costs to the Director on the Contract Report Form claiming an amount to be reconciled against the payments made to you under the Contract (a “credit”). The Claim must be submitted on a form and in a format approved by us. Credits claimed will  be set off against the Monthly Payments. The UFN must be inserted on each Claim. You must retain the information specified in Paragraphs 4.40 and 4.41 and in the Contract Guide on file. We may call upon you to produce this either for Audit or Assessment purposes. You must supply such further particulars,​ information and documents in support of your Claim as we may require. 
-and that they understand that they could, if they so wish, have their + 
-Representation Order transferred to another Provider that is authorised by +8.3 Except where a warrant of arrest is issued in magistrates’ court proceedings,​ you must submit your Claim for payment to us within three months (or such longer period as we may direct) of the Matter or Case or Duty Period ending. 
-us to undertake VHCC work. + 
-February 2017 +8.4 All Claims made under the same Representation Order or relating to the same Case or Matter must be submitted together. 
-538. + 
-Claims, Costs, Assessments and Reviews +8.5 If the Claim form is not properly completed, your Claim will be rejected. The original submission date remains the relevant date for the purpose of any Sanctions to be applied under Clause 24. 
-Claims + 
-8.1 You must submit Claims to us in accordance with the specific provisions +8.6 If you are acting for more than one Client in the same Case and that Case concludes at a different time for each Client, then you must submit a single Claim once the Case covering all relevant Claims has concluded. The  trigger date for submitting a Claim is the latest date on which the proceedings concluded for all Clients. 
-applicable to each Unit of Work in this Contract. + 
-8.2 Unless this Contract otherwise provides, at the conclusion of any Matter or +8.7 If you have already submitted a Claim and the same Client seeks further Advice and Assistance, Advocacy Assistance or Representation from you on the same Matter or Case, then any subsequent work will be treated as supplemental to the original Claim and, where relevant, the original limit (as extended) will continue to apply. You must notify us at the time that you submit the supplemental Claim that a Claim has been made  previously. 
-Case or Duty Period, you must submit a Claim for costs to the Director on + 
-the Contract Report Form claiming an amount to be reconciled against the +8.8 When a supplemental Claim is submitted in accordance with Paragraph 8.7 above, the UFN which was assigned to the original Claim must be used. 
-payments made to you under the Contract (a “credit”). The Claim must be + 
-submitted on a form and in a format approved by us. Credits claimed will +8.9 Where a Client seeks further Advice and Assistance, Advocacy Assistance ​ or Representation on the same Matter you may need to consider an extension to the costs limit, where appropriate,​ unless the previous limit was not exhausted. The Upper Limit will continue to apply to the cumulative costs throughout the lifetime of the Matter. 
-be set off against the Monthly Payments. The UFN must be inserted on +
-each Claim. You must retain the information specified in Paragraphs 4.40 +
-and 4.41 and in the Contract Guide on file. We may call upon you to +
-produce this either for Audit or Assessment purposes. You must supply +
-such further particulars,​ information and documents in support of your +
-Claim as we may require. +
-8.3 Except where a warrant of arrest is issued in magistrates’ court +
-proceedings,​ you must submit your Claim for payment to us within three +
-months (or such longer period as we may direct) of the Matter or Case or +
-Duty Period ending. +
-8.4 All Claims made under the same Representation Order or relating to the +
-same Case or Matter must be submitted together. +
-8.5 If the Claim form is not properly completed, your Claim will be rejected. +
-The original submission date remains the relevant date for the purpose of +
-any Sanctions to be applied under Clause 24. +
-8.6 If you are acting for more than one Client in the same Case and that Case +
-concludes at a different time for each Client, then you must submit a single +
-Claim once the Case covering all relevant Claims has concluded. The +
-trigger date for submitting a Claim is the latest date on which the +
-proceedings concluded for all Clients. +
-8.7 If you have already submitted a Claim and the same Client seeks further +
-Advice and Assistance, Advocacy Assistance or Representation from you on +
-the same Matter or Case, then any subsequent work will be treated as +
-supplemental to the original Claim and, where relevant, the original limit +
-(as extended) will continue to apply. You must notify us at the time that +
-you submit the supplemental Claim that a Claim has been made +
-previously. +
-8.8 When a supplemental Claim is submitted in accordance with Paragraph 8.7 +
-above, the UFN which was assigned to the original Claim must be used. +
-8.9 Where a Client seeks further Advice and Assistance, Advocacy Assistance +
-or Representation on the same Matter you may need to consider an +
-extension to the costs limit, where appropriate,​ unless the previous limit +
-was not exhausted. +
-The Upper Limit will continue to apply to the +
-cumulative costs throughout the lifetime of the Matter.+
 Inter partes costs Inter partes costs
-8.10 + 
-In accordance with section 28(2) of the Act, where an agreement or order +8.10 In accordance with section 28(2) of the Act, where an agreement or order provides for costs to be paid by any other party in favour of a Client for whom you have been providing Representation in the High Court, Crown 
-provides for costs to be paid by any other party in favour of a Client for +Court or magistrates’ court under this Contract then you may retain the element of any costs recovered under that agreement or order which exceeds the amount paid or payable to you by us in relation to the relevant dispute or proceedings under the terms of this Contract. 
-whom you have been providing Representation in the High Court, Crown + 
-February 2017 +8.11 Where interest has been received on the costs, you may retain a  proportion of the interest which equates to the proportion of the total costs recovered which you are authorised to retain under Paragraphs 8.10 to 8.12. 
-54Court ​or magistrates’ court under this Contract then you may retain the + 
-element of any costs recovered under that agreement or order which +8.12 The balance of any costs and interest after you have retained any element authorised by Paragraphs 8.10 and 8.11 above must be forwarded to us immediately. 
-exceeds the amount paid or payable to you by us in relation to the relevant +
-dispute or proceedings under the terms of this Contract. +
-8.11 Where interest has been received on the costs, you may retain a +
-proportion of the interest which equates to the proportion of the total costs +
-recovered which you are authorised to retain under Paragraphs 8.10 to +
-8.12. +
-8.12 The balance of any costs and interest after you have retained any element +
-authorised by Paragraphs 8.10 and 8.11 above must be forwarded to us +
-immediately.+
 Assessment of Claims – general Assessment of Claims – general
-8.13 Where an Assessment is carried out after a credit has been given in + 
-relation to any Matter or Case, then that credit may be adjusted by us +8.13 Where an Assessment is carried out after a credit has been given in relation to any Matter or Case, then that credit may be adjusted by us accordingly. 
-accordingly. + 
-8.14 The setting off of credits against your Monthly Payments will be without +8.14 The setting off of credits against your Monthly Payments will be without prejudice to our right to assess your Claims. 
-prejudice to our right to assess your Claims.+
 Applying findings generally on Assessment Applying findings generally on Assessment
-8.15 When we Assess a sample of Claims, we may apply any Findings to your + 
-other Claims for payment for Contract Work. +8.15 When we Assess a sample of Claims, we may apply any Findings to your other Claims for payment for Contract Work. 
-8.16 When we apply Findings in this way, we may do so for all Matters and + 
-Cases commenced under this Contract (or any Previous Contract it has +8.16 When we apply Findings in this way, we may do so for all Matters and Cases commenced under this Contract (or any Previous Contract it has replaced) where costs have been claimed from us either: 
-replaced) where costs have been claimed from us either: + 
-(a) in the case of Mis-Claiming,​ at any time within the two years +(a) in the case of Mis-Claiming,​ at any time within the two years following its submission to us or within six years if (i) an Official Investigation is underway or (ii) we have received a report that we reasonably consider requires us to Assess such Claims; or 
-following its submission to us or within six years if (i) an Official +
-Investigation is underway or (ii) we have received a report that we +
-reasonably consider requires us to Assess such Claims; or+
 (b) in the case of Over-Claiming or other claiming issues: (b) in the case of Over-Claiming or other claiming issues:
 +
 (i) since the date of the last Contract compliance Audit; or (i) since the date of the last Contract compliance Audit; or
-(ii) from a date 12 months immediately preceding the date the file + 
-sample was requested for Assessment,+(ii) from a date 12 months immediately preceding the date the file sample was requested for Assessment, 
 whichever is the most recent. whichever is the most recent.
-8.17 If the sample relates only to a specific group of your files or Unit or Class + 
-of Work, then we will only apply the Findings to that specific group. +8.17 If the sample relates only to a specific group of your files or Unit or Class  of Work, then we will only apply the Findings to that specific group. 
-8.18 When Findings are applied to a Claim under Paragraphs 8.15 to 8.18, then + 
-that Claim has been assessed by us.+8.18 When Findings are applied to a Claim under Paragraphs 8.15 to 8.18, then that Claim has been assessed by us. 
 Appeals Appeals
-8.19 + 
-If you or Counsel are dissatisfied with any decision of ours as to the +8.19 If you or Counsel are dissatisfied with any decision of ours as to the Assessment of the costs of Contract Work, you may appeal to an Independent Costs Assessor (“the Assessor”). For the avoidance of doubt, subsequent references in this rule and its related Contract Guide include 
-Assessment of the costs of Contract Work, you may appeal to an +“Assessors” in cases where an appeal is dealt with by a panel of three Assessors rather than a single Assessor alone. 
-Independent Costs Assessor (“the Assessor”). For the avoidance of doubt, + 
-subsequent references in this rule and its related Contract Guide include +8.20 The appeal must be made in writing (setting out full reasons) within 28 days of notification of the Assessment decision, and must be accompanied by the file. We will only extend the 28 day time limit where it is reasonable for you to have requested an extension within 21 days. Any extension of the time limit will be for a maximum of a further 14 days. 
-February 2017 +
-55“Assessors” in cases where an appeal is dealt with by a panel of three +
-Assessors rather than a single Assessor alone. +
-8.20 The appeal must be made in writing (setting out full reasons) within 28 +
-days of notification of the Assessment decision, and must be accompanied +
-by the file. We will only extend the 28 day time limit where it is reasonable +
-for you to have requested an extension within 21 days. Any extension of +
-the time limit will be for a maximum of a further 14 days.+
 8.21 If you fail to comply with any of the requirements set out in Paragraph 8.21 If you fail to comply with any of the requirements set out in Paragraph
 8.20 you must accept our decision and lose your right to dispute it. 8.20 you must accept our decision and lose your right to dispute it.
-8.22 Where an appeal is to proceed, we also have the right to make written + 
-representations (in addition to those contained in the original assessment) +8.22 Where an appeal is to proceed, we also have the right to make written representations (in addition to those contained in the original assessment) to the Assessor. If we do so, these will be sent to you not less than 21  days before the appeal papers are sent to the Assessor. If you receive such further representations from us then you may, within 14 days, provide a written response to them. 
-to the Assessor. If we do so, these will be sent to you not less than 21 + 
-days before the appeal papers are sent to the Assessor. If you receive such +8.23 The appeal must be dealt with by the Assessor on the papers only. There is no general right for either party to attend or to be represented on the appeal. However, if either party considers that there are exceptional circumstances which mean that concerns or issues cannot be addressed in writing, they may make a written request (setting out full reasons) for an oral hearing, to the Assessor. Such an application must be made at the same time as: 
-further representations from us then you may, within 14 days, provide a +
-written response to them. +
-8.23 The appeal must be dealt with by the Assessor on the papers only. There is +
-no general right for either party to attend or to be represented on the +
-appeal. However, if either party considers that there are exceptional +
-circumstances which mean that concerns or issues cannot be addressed in +
-writing, they may make a written request (setting out full reasons) for an +
-oral hearing, to the Assessor. Such an application must be made at the +
-same time as:+
 (a) in your case, you submit your written appeal; and (a) in your case, you submit your written appeal; and
-(b) in our case at the same time as we make any written reply (or, + 
-where no written reply is made, during the period allowed for making +(b) in our case at the same time as we make any written reply (or,  where no written reply is made, during the period allowed for making such reply). 
-such reply). + 
-8.24 The Assessor must consider the request and notify both parties of his or +8.24 The Assessor must consider the request and notify both parties of his or her decision. 
-her decision.+
 8.25 If: 8.25 If:
-(a) neither party has made a request for an oral hearing but the Assessor + 
-believes that his or her review of some or all of the issues under the +(a) neither party has made a request for an oral hearing but the Assessor believes that his or her review of some or all of the issues under the appeal cannot be concluded properly without hearing oral submissions;​ or 
-appeal cannot be concluded properly without hearing oral + 
-submissions;​ or +(b) having considered a party’s request for an oral hearing, s/he is of the opinion that the request should be granted, 
-(b) having considered a party’s request for an oral hearing, s/he is of the + 
-opinion that the request should be granted, +he or she must notify the parties of this. If either party chooses to attend at an oral hearing, having been given permission from the Assessor, the other party will also have a right of attendance and Representation at the appeal and must confirm whether or not they intend to exercise that right. 
-he or she must notify the parties of this. If either party chooses to attend + 
-at an oral hearing, having been given permission from the Assessor, the +8.26 In any case, whether or not a party has made a request for an oral hearing, if the Assessor is of the opinion that an appeal is of such complexity and/or value that it should not be considered by a single Assessor alone s/he may, in his or her sole discretion, refer the appeal to a panel of three Assessors either to deal with on the papers only or by way  of an oral hearing. If the Assessor is of the opinion that the appeal must be dealt with by way of an oral hearing, the provisions set out in Paragraph 
-other party will also have a right of attendance and Representation at the +8.25 apply save that a panel of three Assessors will deal with the appeal rather than a single Assessor alone. 
-appeal and must confirm whether or not they intend to exercise that right. + 
-8.26 +8.27 For the avoidance of doubt, the Assessor may give procedural directions as to the determination of the appeal whether the appeal is to be dealt with on the papers only or an oral hearing basis. 
-In any case, whether or not a party has made a request for an oral + 
-hearing, if the Assessor is of the opinion that an appeal is of such +8.28 On appeal, the Assessor must review the Assessment whether by confirming, increasing or decreasing the amount assessed. In a Controlled Work Assessment, applicable to Associated Civil Work, the Assessor may apply his or her Findings generally across files outside the sample before him or her under the terms of Paragraphs 8.15 to 8.18. However, no such decision will apply to any completed Assessments that you have not appealed within the time limit. 
-complexity and/or value that it should not be considered by a single + 
-Assessor alone s/he may, in his or her sole discretion, refer the appeal to a +8.29 Where in dealing with an appeal on the papers only the Assessor identifies new issues (those which have not been raised by either party under the appeal) the Assessor will, as s/he considers appropriate in the circumstances,​ either: 
-panel of three Assessors either to deal with on the papers only or by way + 
-of an oral hearing. If the Assessor is of the opinion that the appeal must be +(a) adjourn the appeal and seek representations from the parties before making his or her final decision; or 
-dealt with by way of an oral hearing, the provisions set out in Paragraph +
-February 2017 +
-568.25 apply save that a panel of three Assessors will deal with the appeal +
-rather than a single Assessor alone. +
-8.27 For the avoidance of doubt, the Assessor may give procedural directions as +
-to the determination of the appeal whether the appeal is to be dealt with +
-on the papers only or an oral hearing basis. +
-8.28 On appeal, the Assessor must review the Assessment whether by +
-confirming, increasing or decreasing the amount assessed. In a Controlled +
-Work Assessment, applicable to Associated Civil Work, the Assessor may +
-apply his or her Findings generally across files outside the sample before +
-him or her under the terms of Paragraphs 8.15 to 8.18. However, no such +
-decision will apply to any completed Assessments that you have not +
-appealed within the time limit. +
-8.29 Where in dealing with an appeal on the papers only the Assessor identifies +
-new issues (those which have not been raised by either party under the +
-appeal) the Assessor will, as s/he considers appropriate in the +
-circumstances,​ either: +
-(a) adjourn the appeal and seek representations from the parties before +
-making his or her final decision; or+
 (b) refer the matter back to us for a new decision. (b) refer the matter back to us for a new decision.
 +
 Basis of Assessments and appeals Basis of Assessments and appeals
-8.30 All Assessments of Contract Work are to be on the Standard Basis as + 
-defined by the Civil Procedure Rules, Rule 44.4(2), subject to the other +8.30 All Assessments of Contract Work are to be on the Standard Basis as defined by the Civil Procedure Rules, Rule 44.4(2), subject to the other provisions of this Specification and any Contract Guide. 
-provisions of this Specification and any Contract Guide. + 
-8.31 You must only Claim for work that has been actually and reasonably done +8.31 You must only Claim for work that has been actually and reasonably done and Disbursements actually and reasonably incurred in accordance with the provisions of the Contract and that is supported by appropriate evidence ​ on the file at the time of the Claim and Assessment. 
-and Disbursements actually and reasonably incurred in accordance with the + 
-provisions of the Contract and that is supported by appropriate evidence +8.32 The relevant remuneration rates in the Criminal Remuneration Regulations will then be applied to the time allowed and the resulting sum will  be added to any Disbursements allowed and to any VAT to produce a figure ​ for the costs of the case. Allowance will not be made for work which was not evidenced on the file at the time the Claim was made in the form of timed and dated attendance notes, and where appropriate by relevant documentation,​ such as copies of documentation drafted or perused. 
-on the file at the time of the Claim and Assessment. + 
-8.32 The relevant remuneration rates in the Criminal Remuneration Regulations +8.33 We may ask you to provide an attendance note or other record of time spent. If your Claim is not supported by written evidence, then it will not  be paid under the Contract. 
-will then be applied to the time allowed and the resulting sum will be + 
-added to any Disbursements allowed and to any VAT to produce a figure +8.34 When assessing Claims we will apply the Contract Guide and the Costs Assessment Manuals including “Points of Principle” certified before this Contract was introduced. Our published guidance on the Assessment of costs of Controlled Work will apply to the provision of Free Standing Advice and Assistance so far as it is consistent with the terms of this Contract. You must be familiar with the contents of these manuals and any other  Contract Guide on criminal costs assessment produced by us and ensure that Claims are made in accordance with the Contract Guide. 
-for the costs of the case. Allowance will not be made for work which was + 
-not evidenced on the file at the time the Claim was made in the form of +8.35 Whilst we reserve the right to assess all Claims, for the avoidance of  doubt, Claims for Police Station Advice and Assistance will not be   ​reduced 
-timed and dated attendance notes, and where appropriate by relevant +on Assessment to below the level of the relevant Fixed Fee (unless the attendance was not justified or the matter was out of the scope of Contract Work). 
-documentation,​ such as copies of documentation drafted or perused. + 
-8.33 We may ask you to provide an attendance note or other record of time +8.36 Claims for Escape Fee Cases claimed under this Contract may be reduced on Assessment but will not be reduced to less than the value of the relevant Fixed Fee (unless the attendance was not justified or the matter was out of the scope of Contract Work). 
-spent. If your Claim is not supported by written evidence, then it will not +
-be paid under the Contract. +
-8.34 When assessing Claims we will apply the Contract Guide and the Costs +
-Assessment Manuals including “Points of Principle” certified before this +
-Contract was introduced. Our published guidance on the Assessment of +
-costs of Controlled Work will apply to the provision of Free Standing Advice +
-and Assistance so far as it is consistent with the terms of this Contract. You +
-must be familiar with the contents of these manuals and any other +
-Contract Guide on criminal costs assessment produced by us and ensure +
-that Claims are made in accordance with the Contract Guide. +
-8.35 Whilst we reserve the right to assess all Claims, for the avoidance of +
-doubt, Claims for Police Station Advice and Assistance will not be reduced +
-February 2017 +
-57on Assessment to below the level of the relevant Fixed Fee (unless the +
-attendance was not justified or the matter was out of the scope of Contract +
-Work). +
-8.36 +
-Claims for Escape Fee Cases claimed under this Contract may be reduced +
-on Assessment but will not be reduced to less than the value of the +
-relevant Fixed Fee (unless the attendance was not justified or the matter +
-was out of the scope of Contract Work).+
 Appeal by Assigned Counsel Appeal by Assigned Counsel
-8.37 Where Assigned Counsel’s fees have been reduced on any Assessment by + 
-us, Paragraphs 8.15 to 8.29 above will apply to any appeal by Assigned +8.37 Where Assigned Counsel’s fees have been reduced on any Assessment by us, Paragraphs 8.15 to 8.29 above will apply to any appeal by Assigned Counsel. 
-Counsel. + 
-8.38 Assigned Counsel will have a direct right of appeal when his or her fees +8.38 Assigned Counsel will have a direct right of appeal when his or her fees have been reduced on an Assessment. This does not apply in a magistrates’ court Standard Fee case where Counsel is unassigned. Paragraphs 8.15 to 8.29 will apply to such an appeal by Assigned Counsel. 
-have been reduced on an Assessment. This does not apply in a +
-magistrates’ court Standard Fee case where Counsel is unassigned. +
-Paragraphs 8.15 to 8.29 will apply to such an appeal by Assigned Counsel.+
 Payment of costs Payment of costs
-8.39 Once we have assessed the amount of costs payable under this + 
-Specification to you and any Counsel instructed, payment will be +8.39 Once we have assessed the amount of costs payable under this Specification to you and any Counsel instructed, payment will be  authorised by us, subject to any provisions elsewhere in this Contract. 
-authorised by us, subject to any provisions elsewhere in this Contract. + 
-8.40 Where the costs payable are varied as a result of a review, redetermination +8.40 Where the costs payable are varied as a result of a review, redetermination or appeal in accordance with this Contract, then: 
-or appeal in accordance with this Contract, then: + 
-(a) where costs are increased, we will authorise payment of the increase; +(a) where costs are increased, we will authorise payment of the increase; or 
-or + 
-(b) where the costs are decreased, you or Counsel will repay to us the +(b) where the costs are decreased, you or Counsel will repay to us the amount of such decrease. 
-amount of such decrease.+
 Payment other than through this Specification Payment other than through this Specification
-8.41 Subject to Paragraph 8.43 below, you must not charge a fee to the Client + 
-or any person for the services provided under this Specification or seek +8.41 Subject to Paragraph 8.43 below, you must not charge a fee to the Client or any person for the services provided under this Specification or seek reimbursement from the Client or any other person for any Disbursements incurred as part of the provision of such services. This Paragraph does not apply to services you provide which cannot be paid under this Contract or the Act, but which are in connection with a Matter or Case. 
-reimbursement from the Client or any other person for any Disbursements + 
-incurred as part of the provision of such services. This Paragraph does not +8.42 Where you have been carrying out Contract Work on behalf of a Client, you may not accept instructions to act privately in the same matter from that Client unless the Client has been first advised by you in writing of the consequences of ceasing to be in receipt of services and as to the further services which may be available under criminal Legal Aid, whether from  you or another Provider, (including the possibility of an extension of the limit for Advice and Assistance or Advocacy Assistance, an application for Representation or the availability of Advocacy Assistance or the Duty Solicitor and has nevertheless elected to instruct you privately. 
-apply to services you provide which cannot be paid under this Contract or + 
-the Act, but which are in connection with a Matter or Case. +8.43 Where an application for prior authority for costs to be incurred under a determination has been refused and the Client has expressly authorised you to: 
-8.42 Where you have been carrying out Contract Work on behalf of a Client, you +(a) prepare, obtain or consider any report, opinion or further evidence, whether provided by an expert witness or otherwise; or 
-may not accept instructions to act privately in the same matter from that + 
-Client unless the Client has been first advised by you in writing of the +(b) obtain or prepare any transcripts or recordings of any criminal investigation or proceedings,​ including police questioning;​ or 
-consequences of ceasing to be in receipt of services and as to the further + 
-services which may be available under criminal Legal Aid, whether from +(c) instruct Counsel other than where an individual is entitled to Counsel (as may be determined by the court) in accordance with regulation ​ 16 and 17 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013, 
-you or another Provider, (including the possibility of an extension of the + 
-limit for Advice and Assistance or Advocacy Assistance, an application for +then Paragraph 8.41 will not apply to payment by the Client on a private basis for that work. 
-Representation or the availability of Advocacy Assistance or the Duty + 
-Solicitor and has nevertheless elected to instruct you privately. +8.44 You must not charge the Client for the provision of Contract Work or seek payment of Disbursements incurred from the Client unless an exception under this Contract applies. All payments for Contract Work must come through us. You cannot be retained to act for the Client in the same Matter or Case under this Contract and on a privately paying basis at the same time. Where a Client elects to instruct you privately in relation to a Matter or Case in which you have been providing Contract Work, a copy of the letter dealing with the requirements of Paragraphs 8.41 to 8.44 must be kept on the file. 
-8.43 Where an application for prior authority for costs to be incurred under a +
-determination has been refused and the Client has expressly authorised +
-you to: +
-February 2017 +
-58(a) prepare, obtain or consider any report, opinion or further evidence, +
-whether provided by an expert witness or otherwise; or +
-(b) obtain or prepare any transcripts or recordings of any criminal +
-investigation or proceedings,​ including police questioning;​ or +
-(c) instruct Counsel other than where an individual is entitled to Counsel +
-(as may be determined by the court) in accordance with regulation +
-16 and 17 of the Criminal Legal Aid (Determinations by a Court and +
-Choice of Representative) Regulations 2013, +
-then Paragraph 8.41 will not apply to payment by the Client on a private +
-basis for that work. +
-8.44 +
-You must not charge the Client for the provision of Contract Work or seek +
-payment of Disbursements incurred from the Client unless an exception +
-under this Contract applies. All payments for Contract Work must come +
-through us. You cannot be retained to act for the Client in the same Matter +
-or Case under this Contract and on a privately paying basis at the same +
-time. Where a Client elects to instruct you privately in relation to a Matter +
-or Case in which you have been providing Contract Work, a copy of the +
-letter dealing with the requirements of Paragraphs 8.41 to 8.44 must be +
-kept on the file.+
 Wasted costs Wasted costs
-8.45 Where a wasted costs order has been made under section 19 of the + 
-Prosecution of Offences Act 1985 (or any regulations made under it) +8.45 Where a wasted costs order has been made under section 19 of the Prosecution of Offences Act 1985 (or any regulations made under  it) against you or Counsel instructed by you in proceedings in which Advocacy Assistance or Representation is provided under this Contract, you must submit a copy of the order with your Claim. 
-against you or Counsel instructed by you in proceedings in which Advocacy + 
-Assistance or Representation is provided under this Contract, you must +8.46 If the court orders that you are not entitled to be paid for Contract Work, then that Contract Work must not be included in your Claim. 
-submit a copy of the order with your Claim. + 
-8.46 If the court orders that you are not entitled to be paid for Contract Work, +8.47 On Assessment, we may disallow the amount of work done to which the wasted costs order relates. In those circumstances,​ the amount disallowed will be that amount or the amount of the wasted costs order, whichever is the greater. 
-then that Contract Work must not be included in your Claim. + 
-8.47 On Assessment, we may disallow the amount of work done to which the +8.48 If a wasted costs order is made in your favour and you have received payment, you must deduct the amount of wasted costs paid from your Claim. Where you can show that the costs to which the wasted costs order made in your favour relates to costs which would not otherwise be claimable from or payable from public funds, you are entitled to keep those costs, provided you set out in writing to us the circumstances in which the wasted costs order was made, and we confirm that you may keep those costs in addition to the costs payable for that Contract Work. 
-wasted costs order relates. In those circumstances,​ the amount disallowed + 
-will be that amount or the amount of the wasted costs order, whichever is +8.49 If you have not received payment of wasted costs at the time you submit your Claim, you may Claim the full sum due and pay us the amount of any wasted costs as soon as they are received by you. In proceedings’ claims that would normally be claimed under a Standard Fee these  remaining costs should be claimed as a Non Standard Fee, which will be the  difference between the Standard Fee and the sum of wasted costs received should be claimed as a Non-Standard Fee. 
-the greater. + 
-8.48 If a wasted costs order is made in your favour and you have received +8.50 The fact that a wasted costs order has been made against you or Counsel ​ is a factor which we may take into account on Assessment. 
-payment, you must deduct the amount of wasted costs paid from your +Payment ​from central funds 
-Claim. Where you can show that the costs to which the wasted costs order + 
-made in your favour relates to costs which would not otherwise be +8.51 If you have made, or will make, a Claim for costs from central funds, in proceedings funded under this Specification,​ you must notify us when you submit a Claim to us. 
-claimable from or payable from public funds, you are entitled to keep those + 
-costs, provided you set out in writing to us the circumstances in which the +8.52 If you can Claim for the work done under this Specification,​ then you must do so, prior to making any Claim from central funds. 
-wasted costs order was made, and we confirm that you may keep those +
-costs in addition to the costs payable for that Contract Work. +
-8.49 If you have not received payment of wasted costs at the time you submit +
-your Claim, you may Claim the full sum due and pay us the amount of any +
-wasted costs as soon as they are received by you. In proceedings’ claims +
-that would normally be claimed under a Standard Fee these remaining +
-costs should be claimed as a Non Standard Fee, which will be the +
-difference between the Standard Fee and the sum of wasted costs received +
-should be claimed as a Non-Standard Fee. +
-8.50 The fact that a wasted costs order has been made against you or Counsel +
-is a factor which we may take into account on Assessment. +
-February 2017 +
-59Payment ​from central funds +
-8.51 If you have made, or will make, a Claim for costs from central funds, in +
-proceedings funded under this Specification,​ you must notify us when you +
-submit a Claim to us. +
-8.52 If you can Claim for the work done under this Specification,​ then you must +
-do so, prior to making any Claim from central funds.+
 Recovery of overpayments Recovery of overpayments
-8.53 + 
-8.54 +8.53 Where following an Assessment you or Counsel are to be paid under this Contract and, for whatever reason, you or Counsel are paid an amount greater than that sum, we may either: 
-Where following an Assessment you or Counsel are to be paid under this + 
-Contract and, for whatever reason, you or Counsel are paid an amount +(a) require immediate repayment of the amount in excess of the amount due (“the excess amount”) and you or Counsel will on demand repay the excess amount to us; or 
-greater than that sum, we may either: + 
-(a) require immediate repayment of the amount in excess of the amount +(b) deduct the excess amount from any other sum which is or becomes payable to you or Counsel under this Contract. 
-due (“the excess amount”) and you or Counsel will on demand repay + 
-the excess amount to us; or +8.54 Paragraph 8.53 applies notwithstanding that you or Counsel to whom the excess amount was paid is exercising, or may exercise, a right of appeal under Paragraphs 8.19 to 8.29. 
-(b) deduct the excess amount from any other sum which is or becomes +9. Criminal Investigations 
-payable to you or Counsel under this Contract. +
-Paragraph 8.53 applies notwithstanding that you or Counsel to whom the +
-excess amount was paid is exercising, or may exercise, a right of appeal +
-under Paragraphs 8.19 to 8.29. +
-February 2017 +
-609. +
-Criminal Investigations+
 Work conducted at the Police Station: Police Station Advice and Assistance Work conducted at the Police Station: Police Station Advice and Assistance
 +
 Scope Scope
-9.1 You may provide Police Station Advice and Assistance under this Unit of + 
-Work to a Client (including a Volunteer) on an Own Client basis or as a +9.1 You may provide Police Station Advice and Assistance under this Unit of Work to a Client (including a Volunteer) on an Own Client basis or as a Police Station Duty Solicitor during a Criminal Investigation,​ unless the Matter is a Criminal Defence Direct Matter which is excluded from the  scope of this Specification (see Paragraphs 9.8 to 9.13). 
-Police Station Duty Solicitor during a Criminal Investigation,​ unless the + 
-Matter is a Criminal Defence Direct Matter which is excluded from the +9.2 You must not include in your Claim for Police Station attendance for an ineffective bail to return if you did not check prior to the attendance to establish whether it would be effective. 
-scope of this Specification (see Paragraphs 9.8 to 9.13). +
-9.2 You must not include in your Claim for Police Station attendance for an +
-ineffective bail to return if you did not check prior to the attendance to +
-establish whether it would be effective.+
 Witnesses Witnesses
-9.3 You can only provide Advice and Assistance to a witness if there is a + 
-complicating factor (as set out in the Contract Guide). +9.3 You can only provide Advice and Assistance to a witness if there is a complicating factor (as set out in the Contract Guide). 
-9.4 Providing Advice and Assistance to a witness may only be claimed as Free + 
-Standing Advice and Assistance under Paragraphs 9.113 to 9.140, and not +9.4 Providing Advice and Assistance to a witness may only be claimed as Free Standing Advice and Assistance under Paragraphs 9.113 to 9.140, and not under the Police Station Advice and Assistance Fixed Fee scheme. 
-under the Police Station Advice and Assistance Fixed Fee scheme.+
 Complaints of maltreatment by the police Complaints of maltreatment by the police
-9.5 Complaints of maltreatment by the police should be dealt with as part of + 
-the general advice on the overall case, and no separate Fixed Fee may be +9.5 Complaints of maltreatment by the police should be dealt with as part of the general advice on the overall case, and no separate Fixed Fee may be claimed for providing such advice. 
-claimed for providing such advice. + 
-9.6 The only time a separate determination that an individual qualifies for Free +9.6 The only time a separate determination that an individual qualifies for Free Standing Advice and Assistance under Paragraphs 9.113 to 9.140 may be made (in addition to advice provided under this Unit of Work) is where the nature of the complaint raises a serious and proper issue which cannot be dealt with within the context of the general criminal advice being given. 
-Standing Advice and Assistance under Paragraphs 9.113 to 9.140 may be + 
-made (in addition to advice provided under this Unit of Work) is where the +9.7 These cases must not be confused with claims against the police in relation to wrongful arrest, false imprisonment or malicious prosecution for which an application for a determination for Associated Civil Work must be made to us. Complaints of serious wrongdoing or abuse of position or power, are also paid by us as Associated Civil Work as claims against public authorities and not by criminal Legal Aid. 
-nature of the complaint raises a serious and proper issue which cannot be +
-dealt with within the context of the general criminal advice being given. +
-9.7 These cases must not be confused with claims against the police in relation +
-to wrongful arrest, false imprisonment or malicious prosecution for which +
-an application for a determination for Associated Civil Work must be made +
-to us. Complaints of serious wrongdoing or abuse of position or power, are +
-also paid by us as Associated Civil Work as claims against public authorities +
-and not by criminal Legal Aid.+
 Criminal Defence Direct Criminal Defence Direct
-9.8 Matters which fall within the scope of Criminal Defence Direct are excluded + 
-from the scope of this Contract. +9.8 Matters which fall within the scope of Criminal Defence Direct are excluded from the scope of this Contract. 
-9.9 The following matters fall within the scope of the Criminal Defence Direct + 
-scheme. They are not covered by the scope of this Contract and you +9.9 The following matters fall within the scope of the Criminal Defence Direct scheme. They are not covered by the scope of this Contract and you cannot claim for Police Station Advice and Assistance provided in these circumstances unless one of the exceptions in Paragraph 9.10 applies: 
-cannot claim for Police Station Advice and Assistance provided in these +
-circumstances unless one of the exceptions in Paragraph 9.10 applies:+
 (a) Client detained in relation to any non-imprisonable offence; (a) Client detained in relation to any non-imprisonable offence;
-(b) Client arrested on a bench warrant for failing to appear and being + 
-held for production before the court, except where you have clear +(b) Client arrested on a bench warrant for failing to appear and being held for production before the court, except where you have clear documentary evidence available that would result in the Client ​ being 
-documentary evidence available that would result in the Client being +released ​from custody, in which case attendance may be allowed provided that the reason is recorded on file; 
-February 2017 + 
-61released ​from custody, in which case attendance may be allowed +(c) Client arrested on suspicion of: 
-provided that the reason is recorded on file; + 
-(c) +(i) driving with excess alcohol, who is taken to  the Police Station ​to give a specimen (Section 5 Road Traffic Act 1988); 
-(d) + 
-9.10 +(ii) failure to provide a specimen (Sections 6, 7 and 7A Road Traffic Act 1988); or 
-Client arrested on suspicion of: + 
-(i) driving with excess alcohol, who is taken to the Police +(iii) driving whilst unfit/drunk in charge of a motor vehicle (Section ​ 4 Road Traffic Act 1988); or 
-to give a specimen (Section 5 Road Traffic Act 1988); + 
-Station +(d) Client detained in relation to breach of police or court bail conditions. 
-(ii) failure to provide a specimen (Sections 6, 7 and 7A Road Traffic + 
-Act 1988); or +9.10 You may claim for Police Station attendance on any Matter falling within Paragraph 9.9 above if one of the following exceptions applies and the Sufficient Benefit Test is satisfied: 
-(iii) driving whilst unfit/drunk in charge of a motor vehicle (Section +
-4 Road Traffic Act 1988); or +
-Client detained in relation to breach of police or court bail conditions. +
-You may claim for Police Station attendance on any Matter falling within +
-Paragraph 9.9 above if one of the following exceptions applies and the +
-Sufficient Benefit Test is satisfied:+
 (a) an interview or an identification procedure is going to take place; (a) an interview or an identification procedure is going to take place;
-(b) the Client is eligible for assistance from an appropriate adult under + 
-the PACE codes of practice;+(b) the Client is eligible for assistance from an appropriate adult under the PACE codes of practice; 
 (c) the Client is unable to communicate over the telephone; (c) the Client is unable to communicate over the telephone;
 +
 (d) the Client complains of serious maltreatment by the police; (d) the Client complains of serious maltreatment by the police;
-(e) the investigation includes another alleged offence which does not fall + 
-within Paragraphs 9.9(a) to (d) above; +(e) the investigation includes another alleged offence which does not fall within Paragraphs 9.9(a) to (d) above; 
-(f) you are already at the same Police Station, in which case you may + 
-attend the Client but may not claim more than the Police Station +(f) you are already at the same Police Station, in which case you may attend the Client but may not claim more than the Police Station Telephone Advice Fixed Fee; 
-Telephone Advice Fixed Fee;+
 (g) the advice relates to an indictable offence; or (g) the advice relates to an indictable offence; or
 +
 (h) the request is a Special Request. (h) the request is a Special Request.
-9.11 If any of the exceptions in Paragraph 9.10 apply then you must endorse + 
-the reasons for attendance on file, otherwise you may not make any Claim +9.11 If any of the exceptions in Paragraph 9.10 apply then you must endorse the reasons for attendance on file, otherwise you may not make any Claim under this Contract. 
-under this Contract. + 
-9.12 If Criminal Defence Direct is unable to provide Police Station Telephone +9.12 If Criminal Defence Direct is unable to provide Police Station Telephone Advice in a Criminal Defence Direct Matter then that Matter is not a Criminal Defence Direct Matter for the purposes of this Specification and you may provide Police Station Advice and Assistance in accordance with this Specification. This Paragraph does not apply in circumstances where a Client simply refuses to accept advice from Criminal Defence Direct. 
-Advice in a Criminal Defence Direct Matter then that Matter is not a + 
-Criminal Defence Direct Matter for the purposes of this Specification and +9.13 If Criminal Defence Direct refers a Matter to a Client’s Own Solicitor to attend at the Police Station, the Matter ceases to be a Criminal Defence Direct Matter and the normal service requirements in this Section apply. 
-you may provide Police Station Advice and Assistance in accordance with +
-this Specification. This Paragraph does not apply in circumstances where a +
-Client simply refuses to accept advice from Criminal Defence Direct. +
-9.13 If Criminal Defence Direct refers a Matter to a Client’s Own Solicitor to +
-attend at the Police Station, the Matter ceases to be a Criminal Defence +
-Direct Matter and the normal service requirements in this Section apply.+
 Qualifying Criteria Qualifying Criteria
-9.14 + 
-The Sufficient Benefit Test is deemed to be satisfied in circumstances +9.14 The Sufficient Benefit Test is deemed to be satisfied in circumstances where a Client has    a right to legal advice, for example under PACE or the 
-where a Client has a right to legal advice, for example under PACE or the +Terrorism ​Act 2000, at the Police Station and has requested such advice. The right to non-means tested legal advice arises where a suspect is to be interviewed either at a Police Station or another location and includes advice to a person detained under schedule 7 of the Terrorism Act 2000 in accordance with schedule 8 thereof, either at a port or in a Police Station. On subsequent attendances in the same Investigation you must ensure that the Sufficient Benefit Test is satisfied before continuing with  the Matter. 
-February 2017 +
-62Terrorism ​Act 2000, at the Police Station and has requested such advice. +
-The right to non-means tested legal advice arises where a suspect is to be +
-interviewed either at a Police Station or another location and includes +
-advice to a person detained under schedule 7 of the Terrorism Act 2000 in +
-accordance with schedule 8 thereof, either at a port or in a Police Station. +
-On subsequent attendances in the same Investigation you must ensure +
-that the Sufficient Benefit Test is satisfied before continuing with the +
-Matter.+
 9.15 There is no Financial Eligibility Test for this Unit of Work. 9.15 There is no Financial Eligibility Test for this Unit of Work.
-9.16 You may provide further legal advice to a Client immediately following + 
-charge. However, attendance upon the Client thereafter whilst fingerprints,​ +9.16 You may provide further legal advice to a Client immediately following charge. However, attendance upon the Client thereafter whilst fingerprints,​ photographs and swabs are taken will not meet the Sufficient Benefit Test except where the Client requires further assistance owing to his or her particular circumstances in which case the relevant factors must be noted on file. You may remain at the Police Station if you are required to make representations about bail, provided that this justification is noted on file. 
-photographs and swabs are taken will not meet the Sufficient Benefit Test +
-except where the Client requires further assistance owing to his or her +
-particular circumstances in which case the relevant factors must be noted +
-on file. You may remain at the Police Station if you are required to make +
-representations about bail, provided that this justification is noted on file.+
 Interview/​identification procedures Interview/​identification procedures
-9.17 + 
-If the police or the DSCC indicate that an interview or identification +9.17 If the police or the DSCC indicate that an interview or identification procedure will take place at a specified time, initial Police ​ Station Telephone Advice may be provided to the Client. You must attend the  Police Station in sufficient time prior to the allotted time to undertake reasonable steps that directly relate to the interview or identification procedure. 
-procedure will take place at a specified time, initial Police Station +
-Telephone Advice may be provided to the Client. You must attend the +
-Police Station in sufficient time prior to the allotted time to undertake +
-reasonable steps that directly relate to the interview or identification +
-procedure.+
 Applications,​ instructions from the DSCC and first contact with the Client Applications,​ instructions from the DSCC and first contact with the Client
-9.18 Subject to Paragraph 9.20, all instructions for Police Station Advice and + 
-Assistance must be received from the DSCC who will then contact the +9.18 Subject to Paragraph 9.20, all instructions for Police Station Advice and Assistance must be received from the DSCC who will then contact the Provider from whom the Advice and Assistance is sought or the Duty Solicitor if so requested. 
-Provider from whom the Advice and Assistance is sought or the Duty + 
-Solicitor if so requested. +9.19 Subject to Paragraph 9.20, you must not make any Claim for payment for Police Station Advice and Assistance given to a Client in relation to whom you have received your instructions directly, rather than through ​ the DSCC, and any work carried out on this basis is not Contract Work. 
-9.19 Subject to Paragraph 9.20, you must not make any Claim for payment for +
-Police Station Advice and Assistance given to a Client in relation to whom +
-you have received your instructions directly, rather than through the +
-DSCC, and any work carried out on this basis is not Contract Work.+
 9.20 Paragraphs 9.18 and 9.19 above do not apply if: 9.20 Paragraphs 9.18 and 9.19 above do not apply if:
-(a) a Client attends the Police Station by prior agreement with the Police + 
-and requests you to represent him or her, provided that you inform +(a) a Client attends the Police Station by prior agreement with the Police and requests you to represent him or her, provided that you inform the DSCC within 48 hours of the first attendance at the  Police Station, and you actually represent him or her at the Police Station; or 
-the DSCC within 48 hours of the first attendance at the Police + 
-Station, and you actually represent him or her at the Police Station; +(b) your instructions are received from a member of the Client’s immediate family or third party of similar status (including an appropriate adult under the PACE codes of practice), provided that you report the Matter to the DSCC prior to telephoning or attending the client; or 
-or + 
-(b) your instructions are received from a member of the Client’s +(c) you are already at the Police Station as Own Solicitor or Duty  Solicitor when a Client requests advice from you provided that you report the matter to the DSCC within 48 hours of receiving instructions. 
-immediate family or third party of similar status (including an +9.21 You must record and keep on file details of the reference number which the DSCC provide to you as evidence that your instructions to provide Police Station Advice and Assistance were received from the DSCC. 
-appropriate adult under the PACE codes of practice), provided that + 
-you report the Matter to the DSCC prior to telephoning or attending +9.22 You must ensure that the contact details of your staff are kept up to date via the DSCC website. 
-the client; or + 
-(c) you are already at the Police Station as Own Solicitor or Duty +9.23 Subject to Paragraph 9.24, each time you are first notified that a Client has been arrested and has requested advice from you, and you have accepted the Matter, you must endeavour to contact the Client (whether in person ​ or on the telephone) within 45 minutes of the call. This standard applies only to the first contact with the Client and does not include subsequent instances of Advice and Assistance at a Police Station. This  standard applies to both Own Solicitor and Duty Solicitor work. 
-Solicitor when a Client requests advice from you provided that you + 
-report the matter to the DSCC within 48 hours of receiving +9.24 You must meet the target set out in Paragraph 9.23 in at least 80% of Matters. Setting the target at this level will account for those instances where you are unable to meet the target for reasons beyond your control. 
-instructions. + 
-February 2017 +9.25 All Police Station advice files must contain a note of the time at which the instructions were accepted (either from the DSCC or directly from the Client) and the time at which first contact was made with the Client. ​  ​Where a fee-earner does not contact the Client within 45 minutes of accepting the case, that fee-earner must note the reason on the file. On Audit, we will take a sample of files and calculate your performance against the requirement in Paragraph 9.23 above. Where no times are noted we will assume that the target was not met. However, before recording non- compliance, we will consider the particular circumstances (including whether any omission to record times was an isolated incident) ​ surrounding any failure. 
-639.21 You must record and keep on file details of the reference number which the +
-DSCC provide to you as evidence that your instructions to provide Police +
-Station Advice and Assistance were received from the DSCC. +
-9.22 You must ensure that the contact details of your staff are kept up to date +
-via the DSCC website. +
-9.23 Subject to Paragraph 9.24, each time you are first notified that a Client has +
-been arrested and has requested advice from you, and you have accepted +
-the Matter, you must endeavour to contact the Client (whether in person +
-or on the telephone) within 45 minutes of the call. This standard applies +
-only to the first contact with the Client and does not include subsequent +
-instances of Advice and Assistance at a Police Station. This standard +
-applies to both Own Solicitor and Duty Solicitor work. +
-9.24 You must meet the target set out in Paragraph 9.23 in at least 80% of +
-Matters. Setting the target at this level will account for those instances +
-where you are unable to meet the target for reasons beyond your control. +
-9.25 All Police Station advice files must contain a note of the time at which the +
-instructions were accepted (either from the DSCC or directly from the +
-Client) and the time at which first contact was made with the Client. +
-Where a fee-earner does not contact the Client within 45 minutes of +
-accepting the case, that fee-earner must note the reason on the file. On +
-Audit, we will take a sample of files and calculate your performance against +
-the requirement in Paragraph 9.23 above. Where no times are noted we +
-will assume that the target was not met. However, before recording non- +
-compliance, we will consider the particular circumstances (including +
-whether any omission to record times was an isolated incident) +
-surrounding any failure.+
 Use of Accredited Representatives Use of Accredited Representatives
-9.26 Own Solicitor Police Station Advice and Assistance, where not undertaken + 
-by a Solicitor, must only be undertaken under this Contract by an +9.26 Own Solicitor Police Station Advice and Assistance, where not undertaken by a Solicitor, must only be undertaken under this Contract by an Accredited Representative or a Probationary Representative who is registered with us. 
-Accredited Representative or a Probationary Representative who is + 
-registered with us. +9.27 Duty Solicitor Advice and Assistance, where not undertaken by a Solicitor must only be undertaken under this Contract by an Accredited Representative who is registered with us, and not by a Probationary Representative. 
-9.27 Duty Solicitor Advice and Assistance, where not undertaken by a Solicitor + 
-must only be undertaken under this Contract by an Accredited +9.28 Those persons in the table may only perform the services set out in the table below. 
-Representative who is registered with us, and not by a Probationary +
-Representative. +
-9.28 Those persons in the table may only perform the services set out in the +
-table below.+
 Duty Work Duty Work
-*Accept initial +Duty Solicitor 
-call from the +Accredited Representative 
-DSCC +Probationary Representative 
-requesting ​Duty +Solicitor with PSQ 
-Solicitor +Solicitor Without PSQ 
-Provide initial +*Accept initial call from the DSCC 
-telephone +requesting Duty Solicitor 
-advice or attend + 
-in person +
-February 2017 +
-Duty +
-Solicitor ​Accredited +
-Representative +
-Yes Yes +
-Yes Yes +
-64 +
-Probationary +
-Representative +
-Solicitor +
-with +
-PSQ Solicitor +
-Without +
-PSQ +
-No Yes No +
-No Yes NoOwn +
-Work +
-Client +
-Accept initial +
-call from the +
-DSCC; provide +
-initial telephone +
-advice or attend +
-in person+
 Yes Yes
 +
 +
 Yes Yes
 +
 +
 +No
 +
 +
 Yes Yes
 +
 +
 +No
 +Provide initial telephone advice or attend in person
 +
 +
 Yes Yes
 +
 +
 Yes Yes
 +
 +
 +No
 +
 +
 +Yes
 +
 +
 +No
 +Own Client Work
 +Accept initial call from the DSCC; provide initial telephone advice or attend in person
 +
 +
 +Yes
 +
 +
 +Yes
 +
 +
 +Yes
 +
 +
 +Yes
 +
 +
 +Yes
 +
 *must be Engaged by you. *must be Engaged by you.
-9.29 Subject to Paragraph 9.28 and Section 2, you may use staff who are not + 
-employed by you. Any work conducted for you by staff (whether or not +9.29 Subject to Paragraph 9.28 and Section 2, you may use staff who are not employed by you. Any work conducted for you by staff (whether or not  they are employed by you) is subject to the Service Standards and your obligations under this Contract which must be met. This includes work conducted by Designated Fee-Earners or Caseworkers and staff who are not designated. 
-they are employed by you) is subject to the Service Standards and your +
-obligations under this Contract which must be met. This includes work +
-conducted by Designated Fee-Earners or Caseworkers and staff who are +
-not designated.+
 9.30 When you delegate work to a Representative:​ 9.30 When you delegate work to a Representative:​
-(a) you must ensure that the Representative is competent to do the + 
-work; and +(a) you must ensure that the Representative is competent to do the work; and 
-(b) you must ensure that the Representative is appropriately supervised; + 
-and +(b) you must ensure that the Representative is appropriately supervised; and 
-(i) if a Fixed Fee is payable, the travel time is counted for the + 
-purposes of assessing whether the matter is an Escape Fee +(i) if a Fixed Fee is payable, the travel time is counted for the purposes of assessing whether the matter is an Escape Fee Case; or 
-Case; or + 
-(ii) if the Matter is claimable as an Escape Fee Case, the time +(ii) if the Matter is claimable as an Escape Fee Case, the time claimed for travel must not exceed 45 minutes each way. 
-claimed for travel must not exceed 45 minutes each way. + 
-Where this Paragraph is applied the fares and/or mileage claimed should +Where this Paragraph is applied the fares and/or mileage claimed should not exceed that which would have been paid had the journey lasted less than 45 minutes. 
-not exceed that which would have been paid had the journey lasted less + 
-than 45 minutes. +9.31 Before attending the Police Station, the Representative must have the telephone number of his or her supervising Solicitor (including an out of office hours number if appropriate). The Representative must be able to contact the supervising Solicitor (or another Solicitor in the organisation with sufficient experience of Police Station work) in case the  Representative requires guidance as to how to proceed with the Matter when providing Police Station Advice and Assistance. 
-9.31 Before attending the Police Station, the Representative must have the + 
-telephone number of his or her supervising Solicitor (including an out of +9.32 A written report on each Matter must be submitted by the Representative to the conducting Solicitor once the Matter has concluded and at the latest by the next working day. 
-office hours number if appropriate). The Representative must be able to + 
-contact the supervising Solicitor (or another Solicitor in the organisation +9.33 A Solicitor supervising Representatives must document, within 7 days of the Representative’s inclusion on the Police Station Register: 
-with sufficient experience of Police Station work) in case the + 
-Representative requires guidance as to how to proceed with the Matter +(a) the dates by which each test(s) must be passed in the preceding 12 months in order to avoid suspension from the Register; and 
-when providing Police Station Advice and Assistance. + 
-9.32 A written report on each Matter must be submitted by the Representative +(b) the process that the supervising Solicitor will use to ensure that the Representative’s work is quality assured. 
-to the conducting Solicitor once the Matter has concluded and at the latest +Failure ​to comply with this requirement will be construed as a serious shortcoming in supervision justifying suspension under Paragraph 9.37 below. 
-by the next working day. + 
-9.33 A Solicitor supervising Representatives must document, within 7 days of +9.34 A Probationary Representative must not provide Police Station Advice and Assistance on an indictable only offence. 
-the Representative’s inclusion on the Police Station Register: + 
-(a) the dates by which each test(s) must be passed in the preceding 12 +9.35 A Probationary Representative must only provide Police Station Advice and Assistance for the Provider at which his or her supervising Solicitor is based. 
-months in order to avoid suspension from the Register; and + 
-(b) the process that the supervising Solicitor will use to ensure that the +9.36 A Representative must not be employed as a special Constable or in any other capacity that may cause a conflict of interest when undertaking Contract Work. 
-Representative’s work is quality assured. + 
-February 2017 +9.37 A Solicitor may be suspended from acting as a Supervisor of Representatives if serious shortcomings in supervision have been identified and remedial action has not been taken or is ineffective. 
-65Failure ​to comply with this requirement will be construed as a serious +
-shortcoming in supervision justifying suspension under Paragraph 9.37 +
-below. +
-9.34 A Probationary Representative must not provide Police Station Advice and +
-Assistance on an indictable only offence. +
-9.35 A Probationary Representative must only provide Police Station Advice and +
-Assistance for the Provider at which his or her supervising Solicitor is +
-based. +
-9.36 A Representative must not be employed as a special Constable or in any +
-other capacity that may cause a conflict of interest when undertaking +
-Contract Work. +
-9.37 A Solicitor may be suspended from acting as a Supervisor of +
-Representatives if serious shortcomings in supervision have been identified +
-and remedial action has not been taken or is ineffective.+
 Mandatory Attendance Mandatory Attendance
-9.38 + 
-Subject to Paragraph 9.40, you must provide the following services once a +9.38 Subject to Paragraph 9.40, you must provide the following services once a Matter has been accepted: 
-Matter has been accepted: + 
-(a) attendance at the Police Station to provide advice and attend all +(a) attendance at the Police Station to provide advice and attend all  police interviews with the Client where the Client has been arrested ​ in connection with an offence; 
-police interviews with the Client where the Client has been arrested + 
-in connection with an offence; +(b) attendance at any identification parade, group identification or confrontation;​ and 
-(b) attendance at any identification parade, group + 
-confrontation;​ and +(c) attendance at the Police Station where the Client complains of serious maltreatment by the police. 
-(c) attendance at the Police Station where the Client complains of serious + 
-maltreatment by the police. +9.39 If exceptional circumstances exist which justify non-attendance at  the Police Station, the Solicitor or Representative must record his or her decision not to attend, including details of the exceptional circumstances and the reasons for the decision on the case file. 
-identification or + 
-9.39 If exceptional circumstances exist which justify non-attendance at the +9.40 Attendance at video identification parades is at your discretion. Where attendance is justified this is within the scope of this Unit of Work and the costs of which may be included in a claim for a Police Station Attendance Fixed Fee and, if applicable, in a claim for your costs to be assessed by us if the Matter is claimable as an Escape Fee Case. 
-Police Station, the Solicitor or Representative must record his or her +
-decision not to attend, including details of the exceptional circumstances +
-and the reasons for the decision on the case file. +
-9.40 Attendance at video identification parades is at your discretion. Where +
-attendance is justified this is within the scope of this Unit of Work and the +
-costs of which may be included in a claim for a Police Station Attendance +
-Fixed Fee and, if applicable, in a claim for your costs to be assessed by us +
-if the Matter is claimable as an Escape Fee Case.+
 Additional service requirements for Duty Solicitors Additional service requirements for Duty Solicitors
 +
 9.41 You must comply with the provisions of Section 6. 9.41 You must comply with the provisions of Section 6.
-9.42 Subject to Paragraphs 9.43 and 9.44 below, the following services must be + 
-provided once a case has been accepted: +9.42 Subject to Paragraphs 9.43 and 9.44 below, the following services must be provided once a case has been accepted: 
-(a) + 
-February 2017 +(a) initial advice by a Duty Solicitor (or, if appropriate in the circumstances of the Matter, an Accredited Representative) ​ personally by speaking to the Client either on the telephone or,  advice in person if the Duty Solicitor (or Accredited Representative) is at or near to the Police Station and can immediately advise the  Client. Where the police refuse to permit the suspect to speak to the Duty Solicitor (or  Accredited Representative) on  the telephone, ​  ​the 
-initial advice by a Duty Solicitor (or, if appropriate in the +Duty Solicitor (or Accredited Representative) may attend the Police Station. If the Client is incapable of speaking to the Duty Solicitor (or Accredited Representative),​ initial advice may be postponed. ​ The Duty Solicitor (or Accredited Representative) must make arrangements to provide initial advice as soon as the Client is capable of speaking to him or her; 
-circumstances of the Matter, an Accredited Representative) + 
-personally by speaking to the Client either on the telephone or, +(b) the provision of advice where a Client is to be charged with an  offence on the implications of the caution which will be given when the Client is charged. Consideration must also be given as to whether attendance should take place at that time bearing in mind whether it is possible to give confidential telephone advice and the possible consequences of not making a statement when being charged; and 
-advice in person if the Duty Solicitor (or Accredited Representative) is + 
-at or near to the Police Station and can immediately advise the +(c) if a police interview and any identification parade, group identification or confrontation is postponed to a time when the Duty Solicitor is no longer on duty or, if on a Panel, where it is no longer convenient to act as a Duty Solicitor, he or she must make arrangements to ensure that the Client continues to receive advice either by another Duty Solicitor or as the Client’s Own Solicitor. The Duty Solicitor may continue to act on an Own Solicitor basis if instructed to do so. 
-Client. Where the police refuse to permit the suspect to speak to the + 
-Duty Solicitor (or Accredited Representative) on the telephone, the +9.43 Subject to Paragraph 9.44 below, attendance is mandatory under Paragraph 9.42(c) above. In all other Matters, when assessing whether attendance is necessary the Duty Solicitor must consider whether advice can be given over the telephone with sufficient confidentiality and if he or she can communicate effectively with the Client by this means. 
-66Duty ​Solicitor (or Accredited Representative) may attend the Police + 
-Station. If the Client is incapable of speaking to the Duty Solicitor (or +9.44 If exceptional circumstances exist which justify non-attendance at  the Police Station, the Duty Solicitor (or, if appropriate in the circumstances of the Matter, an Accredited Representative) must record his or her decision not to attend, including details of the exceptional circumstances and the reasons for the decision on the case file. 
-Accredited Representative),​ initial advice may be postponed. The + 
-Duty Solicitor (or Accredited Representative) +9.45 Before advice is given, the Client must be informed of the status of the Duty Solicitor or Representative. 
-must make + 
-arrangements to provide initial advice as soon as the Client is capable +9.46 Where required by local instructions,​ all staff undertaking Police Station Duty Solicitor work must carry an identification card as specified by us for production when attending Police Stations. 
-of speaking to him or her; + 
-(b) the provision of advice where a Client is to be charged with an +9.47 If a Duty Solicitor (or Accredited Representative as appropriate) is already at the Police Station when a Client requests the Duty Solicitor, he or she must inform the DSCC of this fact when a request for advice is accepted. ​  ​If a conflict of interest arises the case must be referred back to the DSCC. 
-offence on the implications of the caution which will be given when + 
-the Client is charged. Consideration must also be given as to whether +9.48 Where you accept a Matter referred by the DSCC you must be able to arrange attendance at the Police Station, if necessary, within 45 minutes. 
-attendance should take place at that time bearing in mind whether it + 
-is possible to give confidential telephone advice and the possible +9.49 You must use all reasonable endeavours to accept Panel and Back-up Matters referred by the DSCC. 
-consequences of not making a statement when being charged; and + 
-(c) if a police interview and any identification parade, group identification +9.50 You may use non-Duty Solicitors, Accredited Representatives or Solicitors holding the PSQ to receive calls from the DSCC, and such staff may accept a referral from the service provided that: 
-or confrontation is postponed to a time when the Duty Solicitor is no + 
-longer on duty or, if on a Panel, where it is no longer convenient to +(a) we are satisfied that the staff concerned have been effectively trained to undertake such a role; and 
-act as a Duty Solicitor, he or she must make arrangements to ensure +(b) there are clear procedures in place for such staff to follow which ensure that referrals are not accepted unless there is a Duty Solicitor, Accredited Representative or Solicitor holding the PSQ available to make first contact with the Client immediately and which ensure that referrals are passed to such individual immediately;​ and 
-that the Client continues to receive advice either by another Duty + 
-Solicitor or as the Client’s Own Solicitor. The Duty Solicitor may +(c) a Duty Solicitor, Accredited Representative or Solicitor holding the PSQ must be available to make first contact with the Client immediately and able to arrange attendance at the Police Station, if necessary, within 45 minutes. 
-continue to act on an Own Solicitor basis if instructed to do so. +
-9.43 Subject to Paragraph 9.44 below, attendance is mandatory under +
-Paragraph 9.42(c) above. In all other Matters, when assessing whether +
-attendance is necessary the Duty Solicitor must consider whether advice +
-can be given over the telephone with sufficient confidentiality and if he or +
-she can communicate effectively with the Client by this means. +
-9.44 If exceptional circumstances exist which justify non-attendance at the +
-Police Station, the Duty Solicitor (or, if appropriate in the circumstances of +
-the Matter, an Accredited Representative) must record his or her decision +
-not to attend, including details of the exceptional circumstances and the +
-reasons for the decision on the case file. +
-9.45 Before advice is given, the Client must be informed of the status of the +
-Duty Solicitor or Representative. +
-9.46 Where required by local instructions,​ all staff undertaking Police Station +
-Duty Solicitor work must carry an identification card as specified by us for +
-production when attending Police Stations. +
-9.47 If a Duty Solicitor (or Accredited Representative as appropriate) is already +
-at the Police Station when a Client requests the Duty Solicitor, he or she +
-must inform the DSCC of this fact when a request for advice is accepted. +
-If a conflict of interest arises the case must be referred back to the DSCC. +
-9.48 Where you accept a Matter referred by the DSCC you must be able to +
-arrange attendance at the Police Station, if necessary, within 45 minutes. +
-9.49 You must use all reasonable endeavours to accept Panel and Back-up +
-Matters referred by the DSCC. +
-9.50 You may use non-Duty Solicitors, Accredited Representatives or Solicitors +
-holding the PSQ to receive calls from the DSCC, and such staff may accept +
-a referral from the service provided that: +
-(a) +
-February 2017 +
-we are satisfied that the staff concerned have been effectively trained +
-to undertake such a role; and +
-67(b) there are clear procedures in place for such staff to follow which +
-ensure that referrals are not accepted unless there is a Duty Solicitor, +
-Accredited Representative or Solicitor holding the PSQ available to +
-make first contact with the Client immediately and which ensure that +
-referrals are passed to such individual immediately;​ and +
-(c) a Duty Solicitor, Accredited Representative or Solicitor holding the +
-PSQ must be available to make first contact with the Client +
-immediately and able to arrange attendance at the Police Station, if +
-necessary, within 45 minutes .+
 Retaining Matters until the Investigation is concluded Retaining Matters until the Investigation is concluded
-9.51 You must retain a Matter once it has been accepted and must, subject to + 
-the provisions below, continue to act for that Client until the end of the +9.51 You must retain a Matter once it has been accepted and must, subject to the provisions below, continue to act for that Client until the end of the Investigation. 
-Investigation. + 
-9.52 Duty Solicitor Matters, once accepted, may only be handed back to the +9.52 Duty Solicitor Matters, once accepted, may only be handed back to the DSCC before you have finished providing Police Station Telephone Advice ​ or Police Station attendance in the following circumstances:​ 
-DSCC before you have finished providing Police Station Telephone Advice + 
-or Police Station attendance in the following circumstances:​ +(a) you are unable to continue to act personally and there is no other suitable person in your organisation able to act and you are unable to instruct a suitable Agent; or 
-9.53 + 
-(a) you are unable to continue to act personally and there is no other +(b) the Client removes ​or rescinds their instructions from your organisation;​ or 
-suitable person in your organisation able to act and you are unable to + 
-instruct a suitable Agent; or +(c) your organisation is unable to act because you have legitimate concerns about a breach of your professional code of conduct; or 
-(b) the Client removes + 
-organisation;​ or +(d) you confirm that you will not claim a Police Station Advice and Assistance Fixed Fee or any other remuneration for the case. 
-(c) your organisation is unable to act because you have legitimate + 
-concerns about a breach of your professional code of conduct; or +9.53 Where a Matter is handed back to the DSCC, the reasons must be clearly recorded on the file. You must keep a record of all Matters handed back to the DSCC. 
-(d) you confirm that you will not claim a Police Station Advice and +
-Assistance Fixed Fee or any other remuneration for the case. +
-or +
-rescinds +
-their +
-instructions +
-from +
-your +
-Where a Matter is handed back to the DSCC, the reasons must be clearly +
-recorded on the file. You must keep a record of all Matters handed back to +
-the DSCC.+
 Special Cases Special Cases
 +
 Investigations by non-police agencies Investigations by non-police agencies
-9.54 You may not claim for Police Station Advice and Assistance if you attend a + 
-Client making a voluntary attendance in connection with an investigation +9.54 You may not claim for Police Station Advice and Assistance if you attend a Client making a voluntary attendance in connection with an investigation ​ by an agency other than the police unless a Constable is present. If you provide Advice and Assistance to a Volunteer in circumstances where a Constable is not present, then you cannot claim for the work as Police Station Advice and Assistance. The Contract Work must be claimed as Advice and Assistance under Paragraph 9.113 to 9.140 if the Client satisfies the relevant Qualifying Criteria. 
-by an agency other than the police unless a Constable is present. If you + 
-provide Advice and Assistance to a Volunteer in circumstances where a +9.55 An interview with a Volunteer may take place in a location other than a Police Station. 
-Constable is not present, then you cannot claim for the work as Police + 
-Station Advice and Assistance. The Contract Work must be claimed as +9.56 Where a Client is asked to attend an interview for questioning by a non- police body, regarding possible criminal charges, Advice and Assistance may be given under Paragraphs 9.113 to 9.140 if the Client satisfies the Qualifying Criteria. ​ Any extension would depend upon factors such as   ​the 
-Advice and Assistance under Paragraph 9.113 to 9.140 if the Client +nature ​and complexity of the investigation,​ the distance to travel and the likely length of the interview. 
-satisfies the relevant Qualifying Criteria. +
-9.55 An interview with a Volunteer may take place in a location other than a +
-Police Station. +
-9.56 Where a Client is asked to attend an interview for questioning by a non- +
-police body, regarding possible criminal charges, Advice and Assistance +
-may be given under Paragraphs 9.113 to 9.140 if the Client satisfies the +
-Qualifying Criteria. Any extension would depend upon factors such as the +
-February 2017 +
-68nature ​and complexity of the investigation,​ the distance to travel and the +
-likely length of the interview.+
 Investigations by Services Police Investigations by Services Police
-9.57 + 
-If the Client is a Services Person at a services establishment or elsewhere +9.57 If the Client is a Services Person at a services establishment or elsewhere in the UK assisting with an investigation by the Services Police or  suspected of a Serious Service Offence where: 
-in the UK assisting with an investigation by the Services Police or + 
-suspected of a Serious Service Offence where: +(a) the investigation involves any offences which cannot be dealt with summarily; or 
-(a) the investigation involves any offences which cannot be dealt with +
-summarily; or+
 (b) the offence appears to the interviewing Services Police to be serious, (b) the offence appears to the interviewing Services Police to be serious,
-an Own Solicitor or Duty Solicitor or employed barrister or Accredited + 
-Representative may attend personally upon the Client where he or she +an Own Solicitor or Duty Solicitor or employed barrister or Accredited Representative may attend personally upon the Client where he or she considers that such attendance is necessary for the protection of  the Client’s interests. 
-considers that such attendance is necessary for the protection of the + 
-Client’s interests. +9.58 If the Client is a Services Person requiring Advocacy Assistance within England and Wales at a custody hearing before a judicial officer under the Armed Forces Act 2006, an Own Solicitor or Duty Solicitor or employed barrister or Accredited Representative must attend personally upon the Client to provide Advice and Assistance including Advocacy Assistance. 
-9.58 If the Client is a Services Person requiring Advocacy Assistance within + 
-England and Wales at a custody hearing before a judicial officer under the +9.59 This Unit of Work does not include any matter in connection with an investigation by Services Police where an attendance takes place outside England and Wales. 
-Armed Forces Act 2006, an Own Solicitor or Duty Solicitor or employed + 
-barrister or Accredited Representative must attend personally upon the +9.60 The services described in Paragraph 9.58 and 9.59 above may only be provided by an Own Solicitor or Duty Solicitor or employed barrister or an Accredited Representative (save that in the case of Paragraph 9.59, an Accredited Representative must also be a Solicitor or employed barrister) where the Matter has been referred by the DSCC or accepted as a Duty Solicitor Matter at the services establishment. 
-Client to provide Advice and Assistance including Advocacy Assistance. +
-9.59 This Unit of Work does not include any matter in connection with an +
-investigation by Services Police where an attendance takes place outside +
-England and Wales. +
-9.60 The services described in Paragraph 9.58 and 9.59 above may only be +
-provided by an Own Solicitor or Duty Solicitor or employed barrister or an +
-Accredited Representative (save that in the case of Paragraph 9.59, an +
-Accredited Representative must also be a Solicitor or employed barrister) +
-where the Matter has been referred by the DSCC or accepted as a Duty +
-Solicitor Matter at the services establishment.+
 Immigration Advice Immigration Advice
-9.61 Subject to Paragraph 9.65 below, where you give Police Station Advice and + 
-Assistance and it is apparent, or becomes apparent, that an immigration +9.61 Subject to Paragraph 9.65 below, where you give Police Station Advice and Assistance and it is apparent, or becomes apparent, that an immigration issue arises, you must give Advice and Assistance to the Client up until the point where the immigration authorities take over conduct of the investigation and it has been confirmed that no criminal offence or charge ​ is being pursued. 
-issue arises, you must give Advice and Assistance to the Client up until the + 
-point where the immigration authorities take over conduct of the +9.62 You may continue to advise after this point if the Client remains in detention and requires advice in relation to a criminal offence (which may include an Immigration Offence). 
-investigation and it has been confirmed that no criminal offence or charge + 
-is being pursued. +9.63 In relation to any non-criminal immigration issue unless the Client chooses to instruct his/her lawyer you must either: 
-9.62 You may continue to advise after this point if the Client remains in + 
-detention and requires advice in relation to a criminal offence (which may +(a) refer the issue back to the DSCC (who will arrange for the provision of telephone advice by one of our civil Providers with a contract to provide immigration advice to individuals detained at the Police Station); or 
-include an Immigration Offence). +(b) consider whether it is practical to refer the immigration issue to a Provider with a contract in the Immigration and Asylum category of work in the local area (which may include your organisation). 
-9.63 In relation to any non-criminal immigration issue unless the Client chooses + 
-to instruct his/her lawyer you must either: +9.64 You must not give Police Station Advice and Assistance where: 
-(a) + 
-February 2017 +(a) an individual is detained after entry and is served with illegal entry papers or a notice of intention to deport; or 
-refer the issue back to the DSCC (who will arrange for the provision +
-of telephone advice by one of our civil Providers with a contract to +
-provide immigration advice to individuals detained at the Police +
-Station); or +
-69(b) +
-9.64 +
-9.65 +
-9.66 +
-consider whether it is practical to refer the immigration issue to a +
-Provider with a contract in the Immigration and Asylum category of +
-work in the local area (which may include your organisation). +
-You must not give Police Station Advice and Assistance where: +
-(a) an individual is detained after entry and is served with illegal entry +
-papers or a notice of intention to deport; or+
 (b) an individual is detained by the immigration authorities on entry; or (b) an individual is detained by the immigration authorities on entry; or
-(c) an individual is arrested by police on behalf of the immigration + 
-authorities where no criminal allegations are made and is detained +(c) an individual is arrested by police on behalf of the immigration authorities where no criminal allegations are made and is detained under the immigration authorities’ administrative powers. 
-under the immigration authorities’ administrative powers. + 
-You must treat an investigation as taken over by the immigration authority +9.65 You must treat an investigation as taken over by the immigration authority once you have verified (by confirmation from the Police or Immigration Officer) that: 
-once you have verified (by confirmation from the Police or Immigration +
-Officer) that:+
 (a) the immigration authorities will take over; and (a) the immigration authorities will take over; and
-(b) the police are not intending to interview until the immigration + 
-authorities take over; and+(b) the police are not intending to interview until the immigration authorities take over; and 
 (c) there is no other criminal offence or other reason for detention; and (c) there is no other criminal offence or other reason for detention; and
-(d) the police have confirmed to you that they intend to do no more than + 
-simply hold the detainee until the arrival of the immigration +(d) the police have confirmed to you that they intend to do no more than simply hold the detainee until the arrival of the immigration authorities. 
-authorities. + 
-You must have a clear policy and procedure(s) for referral in accordance +9.66 You must have a clear policy and procedure(s) for referral in accordance with Section 2. We expect organisations to build links with immigration providers and document details of appropriate providers to which you will refer Clients. 
-with Section 2. We expect organisations to build links with immigration +
-providers and document details of appropriate providers to which you will +
-refer Clients.+
 Previous Police Station Advice and Assistance Previous Police Station Advice and Assistance
-9.67 + 
-9.68 +9.67 You must not make a Claim under this Contract for Police Station Advice and Assistance given to a Client who has received Police Station Advice and Assistance for the same Matter from another Provider within the six  months preceding the application,​ except where: 
-You must not make a Claim under this Contract for Police Station Advice + 
-and Assistance given to a Client who has received Police Station Advice and +(a) there is a gap in time and circumstances have changed materially between the first and second or subsequent occasions when the  Police Station Advice and Assistance was sought; 
-Assistance for the same Matter from another Provider within the six +
-months preceding the application,​ except where: +
-(a) there is a gap in time and circumstances have changed materially +
-between the first and second or subsequent occasions when the +
-Police Station Advice and Assistance was sought;+
 (b) the Client has reasonable cause to transfer from the first Provider; or (b) the Client has reasonable cause to transfer from the first Provider; or
-(c) the first Provider has confirmed to you that he or she will make no + 
-claim for payment for the Police Station Advice and Assistance. +(c) the first Provider has confirmed to you that he or she will make no claim for payment for the Police Station Advice and Assistance. 
-You must make reasonable enquiries of your Client, before you provide + 
-Police Station Advice and Assistance to ascertain whether they have +9.68 You must make reasonable enquiries of your Client, before you provide Police Station Advice and Assistance to ascertain whether they have received previous Police Station Advice and Assistance in the same Case in the last six months, and record this on your file. If in doubt, you must assume that previous Advice and Assistance has been given and ensure that any work you carry out reflects the fact that some work may already have been done on the Matter to ensure that there is no element of repetition. 
-received previous Police Station Advice and Assistance in the same Case in +9.69 If a Client changes Designated Fee Earner within the same organisation or a Designated Fee Earner moves to work for a different Provider and continues to advise the Client, then there will not have been Police Station Advice and Assistance from ‘another Provider’ for the purposes of Paragraph 9.67, but to the extent the Designated Fee Earner moves to work for a different Provider the second or subsequent Provider may not make a Claim for Police Station Advice and Assistance in addition to the first Provider. However, if the Client instructs another Provider and the same Solicitor does not continue to provide Police Station Advice and Assistance to the Client, this will be Advice and Assistance from ‘another Provider’. 
-the last six months, and record this on your file. If in doubt, you must + 
-assume that previous Advice and Assistance has been given and ensure +9.70 You must not provide and claim for Police Station Advice and Assistance under the terms of any of the exceptions contained at Paragraph 9.67 above where: 
-that any work you carry out reflects the fact that some work may already + 
-have been done on the Matter to ensure that there is no element of +(a) the Client simply disagrees with the first advice and wants a second opinion; 
-repetition. + 
-February 2017 +(b) there is only a short time between the first and second occasions when the Police Station Advice and Assistance is sought and no material change of circumstances has occurred; 
-709.69 If a Client changes Designated Fee Earner within the same organisation or + 
-a Designated Fee Earner moves to work for a different Provider and +(c) the change requested is from a second to a third Provider (unless exceptionally it is reasonable for a further change); or 
-continues to advise the Client, then there will not have been Police Station + 
-Advice and Assistance from ‘another Provider’ for the purposes of +(d) there is no reasonable explanation for the Client seeking further ​ Police Station Advice and Assistance from a new Provider. 
-Paragraph 9.67, but to the extent the Designated Fee Earner moves to + 
-work for a different Provider the second or subsequent Provider may not +9.71 Where Police Station Advice and Assistance is provided in contravention of the terms of this Section, then the work undertaken must not be claimed ​ or paid as Contract Work. 
-make a Claim for Police Station Advice and Assistance in addition to the + 
-first Provider. However, if the Client instructs another Provider and the +9.72 If the Client has received previous Advice and Assistance but you are permitted to provide further Police Station Advice and Assistance under Paragraph 9.67, you must assign a new UFN and must make a note on the file to confirm that another Provider has given Police Station Advice and Assistance previously. In addition, the Client must complete a fresh application form and must meet the Qualifying Criteria. This rule applies equally where previous Advice and Assistance has been provided by an  Own Solicitor or a Duty Solicitor. 
-same Solicitor does not continue to provide Police Station Advice and + 
-Assistance to the Client, this will be Advice and Assistance from ‘another +9.73 It is your responsibility to ascertain whether previous Police Station Advice and Assistance has been provided in the same Matter by making reasonable enquiries of your Client at the earliest opportunity. If the Client has received Police Station Advice and Assistance, and the circumstances ​ at 9.709.70(a) to (c) do not apply, you may either provide Police Station Advice and Assistance and not make a Claim for it, or should require the Client to contact the Provider who provided the original Police Station Advice and Assistance. 
-Provider’. +
-9.70 You must not provide and claim for Police Station Advice and Assistance +
-under the terms of any of the exceptions contained at Paragraph 9.67 +
-above where: +
-(a) the Client simply disagrees with the first advice and wants a second +
-opinion; +
-(b) there is only a short time between the first and second occasions +
-when the Police Station Advice and Assistance is sought and no +
-material change of circumstances has occurred; +
-(c) the change requested is from a second to a third Provider (unless +
-exceptionally it is reasonable for a further change); or +
-(d) there is no reasonable explanation for the Client seeking further +
-Police Station Advice and Assistance from a new Provider. +
-9.71 Where Police Station Advice and Assistance is provided in contravention of +
-the terms of this Section, then the work undertaken must not be claimed +
-or paid as Contract Work. +
-9.72 If the Client has received previous Advice and Assistance but you are +
-permitted to provide further Police Station Advice and Assistance under +
-Paragraph 9.67, you must assign a new UFN and must make a note on the +
-file to confirm that another Provider has given Police Station Advice and +
-Assistance previously. In addition, the Client must complete a fresh +
-application form and must meet the Qualifying Criteria. This rule applies +
-equally where previous Advice and Assistance has been provided by an +
-Own Solicitor or a Duty Solicitor. +
-9.73 It is your responsibility to ascertain whether previous Police Station Advice +
-and Assistance has been provided in the same Matter by making +
-reasonable enquiries of your Client at the earliest opportunity. If the Client +
-has received Police Station Advice and Assistance, and the circumstances +
-at 9.709.70(a) to (c) do not apply, you may either provide Police Station +
-Advice and Assistance and not make a Claim for it, or should require the +
-Client to contact the Provider who provided the original Police Station +
-Advice and Assistance.+
 Further instructions after a Matter ends or a Claim has been submitted Further instructions after a Matter ends or a Claim has been submitted
-9.74 Where you have claimed a Police Station Advice and Assistance Fixed Fee, + 
-you may not make any further Claim in the same Matter for Free Standing +9.74 Where you have claimed a Police Station Advice and Assistance Fixed Fee, you may not make any further Claim in the same Matter for Free Standing Advice and Assistance. 
-Advice and Assistance. + 
-9.75 Where you have previously provided Advice and Assistance to a Client in +9.75 Where you have previously provided Advice and Assistance to a Client in relation to a Matter, and you have already claimed for the Matter in a 
-relation to a Matter, and you have already claimed for the Matter in a +Claim submitted to us in accordance with the terms of this Specification,​ then any further Advice and Assistance provided to the Client in relation to the same Matter (including where a Client is released without bail and subsequently subject to further investigation in relation to the same Matter) must be the subject of a separate application. You must not claim  a second Fixed Fee, but the original costs (as recorded) will be relevant in determining whether the Matter subsequently qualifies as an Escape Fee Case and for the additional costs to be paid as such, in addition to the Fixed Fee or Escape Fee Case Costs already paid. 
-February 2017 + 
-71Claim ​submitted to us in accordance with the terms of this Specification,​ +9.76 You must not provide Advice and Assistance in relation to a Matter where you have previously provided it unless there are substantive issues outstanding from the first occasion when Advice and Assistance was provided or there has been a material development or change in the  Client’s circumstances such that further Advice and Assistance is now required. 
-then any further Advice and Assistance provided to the Client in relation to +
-the same Matter (including where a Client is released without bail and +
-subsequently subject to further investigation in relation to the same +
-Matter) must be the subject of a separate application. You must not claim +
-a second Fixed Fee, but the original costs (as recorded) will be relevant in +
-determining whether the Matter subsequently qualifies as an Escape Fee +
-Case and for the additional costs to be paid as such, in addition to the +
-Fixed Fee or Escape Fee Case Costs already paid. +
-9.76 +
-You must not provide Advice and Assistance in relation to a Matter where +
-you have previously provided it unless there are substantive issues +
-outstanding from the first occasion when Advice and Assistance was +
-provided or there has been a material development or change in the +
-Client’s circumstances such that further Advice and Assistance is now +
-required.+
 Remuneration Remuneration
-9.77 Where you provide Police Station Telephone Advice followed by Police + 
-Station attendance in the same Matter, you must not claim the Police +9.77 Where you provide Police Station Telephone Advice followed by Police Station attendance in the same Matter, you must not claim the Police Station Telephone Advice Fixed Fee in addition to the Police Station Attendance Fixed Fee. 
-Station Telephone Advice Fixed Fee in addition to the Police Station + 
-Attendance Fixed Fee. +9.78 The Police Station Attendance Fixed Fee covers any telephone advice followed by subsequent attendance. However, in such circumstances,​ you can use both the Police Station Telephone Advice Fixed Fee and the Police Station Attendance Fixed Fee in your calculation for Escape Fee Cases. 
-9.78 The Police Station Attendance Fixed Fee covers any telephone advice +
-followed by subsequent attendance. However, in such circumstances,​ you +
-can use both the Police Station Telephone Advice Fixed Fee and the Police +
-Station Attendance Fixed Fee in your calculation for Escape Fee Cases.+
 More than one Investigation More than one Investigation
-9.79 If a Client is subject to an Investigation for which a Police Station + 
-Telephone Advice Fixed Fee is claimable and a further Investigation(s) in +9.79 If a Client is subject to an Investigation for which a Police Station Telephone Advice Fixed Fee is claimable and a further Investigation(s) in relation to an arrest or warrant for breach of bail is commenced at the same time, you may make only one Claim for Police Station Telephone Advice in relation to all Investigations. 
-relation to an arrest or warrant for breach of bail is commenced at the + 
-same time, you may make only one Claim for Police Station Telephone +9.80 If you represent a Client at the Police Station, and that Client is under investigation for a number of different offences, the starting point is that you may only claim one Police Station Attendance Fixed Fee for that Investigation. You may claim more than one Fixed Fee in circumstances where your Client has genuinely separate legal problems ​ requiring separate advice. ​ A file note should set out your justification for this. 
-Advice in relation to all Investigations. + 
-9.80 If you represent a Client at the Police Station, and that Client is under +9.81 If a Client is bailed to return to a Police Station, that is a continuation of the same Investigation. 
-investigation for a number of different offences, the starting point is that + 
-you may only claim one Police Station Attendance Fixed Fee for that +9.82 If there is more than one offence being investigated in a Matter and one of these Investigations concludes (whether by charge or otherwise but not including circumstances in which a Matter is discontinued or no further action is taken) and the Client is bailed to return to the Police Station in relation to other ongoing investigations,​ then the attendance on that return date entitles you to claim another Fixed Fee. 
-Investigation. You may claim more than one Fixed Fee in circumstances + 
-where your Client has genuinely separate legal problems requiring +9.83 If you advise more than one Client during the course of a single Investigation,​ one Police Station Attendance Fixed Fee may be claimed for each Client whom you advise at the Police Station in that Investigation. 
-separate advice. A file note should set out your justification for this. +
-9.81 If a Client is bailed to return to a Police Station, that is a continuation of +
-the same Investigation. +
-9.82 If there is more than one offence being investigated in a Matter and one of +
-these Investigations concludes (whether by charge or otherwise but not +
-including circumstances in which a Matter is discontinued or no further +
-action is taken) and the Client is bailed to return to the Police Station in +
-relation to other ongoing investigations,​ then the attendance on that return +
-date entitles you to claim another Fixed Fee. +
-9.83 If you advise more than one Client during the course of a single +
-Investigation,​ one Police Station Attendance Fixed Fee may be claimed for +
-each Client whom you advise at the Police Station in that Investigation.+
 Police Station Telephone Advice and calculating Escape Fee Cases Police Station Telephone Advice and calculating Escape Fee Cases
-February 2017 +9.84 When you are assessing whether your Police Station Advice and Assistance work in a Matter should be paid as an Escape Fee Case rather than by Fixed Fee you must include one Police Station Telephone Advice Fixed Fee in your calculation provided that the Matter is not a  Criminal ​ Defence Direct Matter and you have provided at least one telephone call with the Client during the Investigation. 
-729.84 +
-When you are assessing whether your Police Station Advice and Assistance +
-work in a Matter should be paid as an Escape Fee Case rather than by +
-Fixed Fee you must include one Police Station Telephone Advice Fixed Fee +
-in your calculation provided that the Matter is not a Criminal Defence +
-Direct Matter and you have provided at least one telephone call with the +
-Client during the Investigation.+
 Payment for Police Station Attendance Fixed Fees Payment for Police Station Attendance Fixed Fees
-9.85 A Police Station Attendance Fixed Fee must be paid for all Police Station + 
-attendance undertaken on a Matter where a Solicitor, employed barrister, +9.85 A Police Station Attendance Fixed Fee must be paid for all Police Station attendance undertaken on a Matter where a Solicitor, employed barrister, Accredited Representative or Probationary Representative attends a Client in the Police Station, unless that Matter qualifies as an Escape Fee Case. 
-Accredited Representative or Probationary Representative attends a Client + 
-in the Police Station, unless that Matter qualifies as an Escape Fee Case. +9.86 One Police Station Attendance Fixed Fee must be claimed for each Matter in respect of which you have provided Police Station attendance, irrespective of how many instances of Police Station Advice and Assistance (Police Station attendance and/or Police Station Telephone Advice) are given. 
-9.86 One Police Station Attendance Fixed Fee must be claimed for each Matter + 
-in respect of which you have provided Police Station attendance, +9.87 When a number of charges or Investigations arise out of one set of circumstances,​ then you must only claim one Police Station Attendance Fixed Fee. 
-irrespective of how many instances of Police Station Advice and Assistance + 
-(Police Station attendance and/or Police Station Telephone Advice) are +9.88 When a number of Clients are subject to police Investigations in relation to the same set of circumstances,​ you must claim separate Police Station Attendance Fixed Fees in respect of each Client (but only provided you are able to act without conflict or breach of this Contract or your professional obligations). 
-given. + 
-9.87 When a number of charges or Investigations arise out of one set of +9.89 If you are instructed by the DSCC to represent two or more Clients at the Police Station and it becomes apparent that you will not be able to act for both (or more) without being in conflict, you may only claim one Police Station Attendance Fixed Fee. 
-circumstances,​ then you must only claim one Police Station Attendance + 
-Fixed Fee. +9.90 Where the Client raises several legal issues during a Police Station attendance, a single Fixed Fee must be claimed, even if they do not concern the same set of circumstances. 
-9.88 When a number of Clients are subject to police Investigations in relation to + 
-the same set of circumstances,​ you must claim separate Police Station +9.91 You must continue to record and report all profit costs, and the cost of waiting time to us when you make a Claim for Police Station attendance and you must use the correct Claim/stage reached codes notified to you in the Contract Guide. 
-Attendance Fixed Fees in respect of each Client (but only provided you are +
-able to act without conflict or breach of this Contract or your professional +
-obligations). +
-9.89 If you are instructed by the DSCC to represent two or more Clients at the +
-Police Station and it becomes apparent that you will not be able to act for +
-both (or more) without being in conflict, you may only claim one Police +
-Station Attendance Fixed Fee. +
-9.90 Where the Client raises several legal issues during a Police Station +
-attendance, a single Fixed Fee must be claimed, even if they do not +
-concern the same set of circumstances. +
-9.91 You must continue to record and report all profit costs, and the cost of +
-waiting time to us when you make a Claim for Police Station attendance +
-and you must use the correct Claim/stage reached codes notified to you in +
-the Contract Guide.+
 9.92 You must not make a separate claim for: 9.92 You must not make a separate claim for:
 +
 (a) a Police Station Telephone Advice Fixed Fee; or (a) a Police Station Telephone Advice Fixed Fee; or
-(b) a Criminal Defence Direct Fixed Acceptance Fee in addition to + 
-claiming a Police Station Attendance Fixed Fee or remuneration for an +(b) a Criminal Defence Direct Fixed Acceptance Fee in addition to claiming a Police Station Attendance Fixed Fee or remuneration for an Escape Fee Case (because these sums have already been included in the Police Station Attendance Fixed Fee). 
-Escape Fee Case (because these sums have already been included in + 
-the Police Station Attendance Fixed Fee). +The Criminal Defence Direct Fixed Acceptance Fee is only applicable when calculating whether a Matter is an Escape Fee Case. 
-The Criminal Defence Direct Fixed Acceptance Fee is only applicable when +
-calculating whether a Matter is an Escape Fee Case.+
 Police Station Fixed Fees – multiple investigations Police Station Fixed Fees – multiple investigations
-February 2017 +9.93 There are circumstances outlined in the Contract Guide which allow you to claim Police Station Fixed Fees for multiple investigations. 
-739.93 +
-There are circumstances outlined in the Contract Guide which allow you to +
-claim Police Station Fixed Fees for multiple investigations.+
 Criminal Defence Direct Fixed Acceptance Fee Criminal Defence Direct Fixed Acceptance Fee
-9.94 + 
-Where a former Criminal Defence Direct Matter is referred to you for Police +9.94 Where a former Criminal Defence Direct Matter is referred to you for Police Station attendance, you must include one Criminal Defence Direct Fixed Acceptance Fee in your calculations for Escape Fee Cases. The Criminal Defence Direct Fixed Acceptance Fee applies to any and all telephone calls you may undertake on the former Criminal Defence Direct Matter in the Criminal Investigations Class, and is applicable irrespective of the number or nature of calls made. 
-Station attendance, you must include one Criminal Defence Direct Fixed +
-Acceptance Fee in your calculations for Escape Fee Cases. The Criminal +
-Defence Direct Fixed Acceptance Fee applies to any and all telephone calls +
-you may undertake on the former Criminal Defence Direct Matter in the +
-Criminal Investigations Class, and is applicable irrespective of the number +
-or nature of calls made.+
 Payment for Police Station attendances - Escape Fee Cases Payment for Police Station attendances - Escape Fee Cases
-9.95 Where in any Matter the total value of Police Station attendance added to + 
-the value of any Police Station Telephone Advice Fixed Fee and Criminal +9.95 Where in any Matter the total value of Police Station attendance added to the value of any Police Station Telephone Advice Fixed Fee and Criminal Defence Direct Fixed Acceptance Fee is above the Escape Fee Case Threshold you will be eligible for remuneration on an exceptional basis for that Matter as an “Escape Fee Case”. 
-Defence Direct Fixed Acceptance Fee is above the Escape Fee Case + 
-Threshold you will be eligible for remuneration on an exceptional basis for +9.96 For each Scheme, there is an Escape Fee Case Threshold level which is specified in the Criminal Remuneration Regulations. If a Police Station attendance in a Matter, recorded at the Hourly Rates set out in  the Criminal Remuneration Regulations exceeds the applicable Escape ​ Fee Case Threshold, you may apply to claim all work above this threshold at the appropriate Hourly Rate. 
-that Matter as an “Escape Fee Case”. + 
-9.96 For each Scheme, there is an Escape Fee Case Threshold level which is +9.97 Work up to the threshold level will attract the relevant Police Station Attendance Fixed Fee for that Scheme and this, together with the Hourly Rates you may make a Claim for, will constitute the Escape Fee Case Fee. 
-specified in the Criminal Remuneration Regulations. If a Police Station +
-attendance in a Matter, recorded at the Hourly Rates set out in the +
-Criminal Remuneration Regulations exceeds the applicable Escape Fee +
-Case Threshold, you may apply to claim all work above this threshold at +
-the appropriate Hourly Rate. +
-9.97 Work up to the threshold level will attract the relevant Police Station +
-Attendance Fixed Fee for that Scheme and this, together with the Hourly +
-Rates you may make a Claim for, will constitute the Escape Fee Case Fee.+
 Using Duty Solicitor rates in your calculation for Escape Fee Cases Using Duty Solicitor rates in your calculation for Escape Fee Cases
-9.98 + 
-You may only use the Duty Solicitor rates set out in the Criminal +9.98 You may only use the Duty Solicitor rates set out in the Criminal Remuneration Regulations in your calculation for Escape Fee cases only when a Duty Solicitor or Accredited Representative is acting as such in accordance with this Contract and the Claim relates to: 
-Remuneration Regulations in your calculation for Escape Fee cases only +
-when a Duty Solicitor or Accredited Representative is acting as such in +
-accordance with this Contract and the Claim relates to:+
 (a) attendances throughout a Duty Period; or (a) attendances throughout a Duty Period; or
-(b) attendances that take place after acceptance of a Matter up until the + 
-point when a Client is released from the initial continuous period of +(b) attendances that take place after acceptance of a Matter up until the point when a Client is released from the initial continuous period of custody. 
-custody. + 
-Any subsequent Police Station Advice and Assistance provided by you on +Any subsequent Police Station Advice and Assistance provided by you on the same Matter outside the Duty Period must be calculated at the Own Solicitor rates which are set out in the Criminal Remuneration Regulations. 
-the same Matter outside the Duty Period must be calculated at the Own +
-Solicitor rates which are set out in the Criminal Remuneration Regulations.+
 Duty Solicitor serious offence rates Duty Solicitor serious offence rates
-9.99 + 
-You may use the Duty Solicitor serious offence rates in your calculation fro +9.99 You may use the Duty Solicitor serious offence rates in your calculation fro Escape Fee Cases provided that: 
-Escape Fee Cases provided that: + 
-(a) +(a) The attendance is to advise a Client under arrest for one or more of the following serious offences, either as a principal or as a secondary party, or who has been arrested on a warrant for failing to answer ​ bail or an extradition warrant in respect of a case in which he or she  is accused of such an offence: 
-February 2017 +i. treason (common law); 
-The attendance is to advise a Client under arrest for one or more of +ii. murder (common law); soliciting to murder (s.4 Offences Against the Persons Act 1861); 
-the following serious offences, either as a principal or as a secondary +iii. manslaughter (Homicide Act 1957 and common law); 
-party, or who has been arrested on a warrant for failing to answer +iv. causing death by dangerous driving(s.1 Road Traffic Act 1988); 
-bail or an extradition warrant in respect of a case in which he or she +v. rape (s.1 Sexual Offences Act 1957); 
-is accused of such an offence: +vi. rape (s.1 Sexual Offences Act 2003); 
-74i. +vii. assault by penetration (S.2 Sexual Offences Act 2003); 
-ii. +viii. penetration of a child under 13 (S. 6 Sexual Offences Act 2003); 
-iii. +ix. assault of a child under 13 by penetration (S. 6 Sexual Offences Act 2003); 
-iv. +x. robbery (S. Theft Act 1968); 
-v. +xi. assault with intent to rob (common law); 
-vi. +xii. arson (Sections 1(1), 1(2) or 1(3)Criminal damage Act 1971); 
-vii. +xiii. perverting the course of public justice (common law); 
-viii. +xiv. conspiracy to defraud (common law); 
-ix. +xv. kidnapping (common law); 
-x. +xvi. wounding or grievous bodily harm (Sections 18 and 20 Offences against the Person Act 1861); 
-xi. +xvii. conspiracy to commit any of the above offences (s.1 Criminal Law Act 1977); 
-xii. +xviii. ​soliciting or inciting to commit any of the above offences (common law); 
-xiii. +xix. attempting to commit any of the above offences (Sections 1 or 1A Criminal Attempts Act 1981); 
-xiv. +xx. any offence if the Client is accused of possessing a firearm, shotgun or imitation firearm; 
-xv. +xxi. any offence if the Client is detained under S.41 of the Terrorism Act 2000; 
-xvi. +
-xvii. +
-xviii. +
-xix. +
-xx. +
-xxi. +
-9.100 +
-treason (common law); +
-murder (common law); soliciting to murder (s.4 Offences +
-Against the Persons Act 1861); +
-manslaughter (Homicide Act 1957 and common law); +
-causing death by dangerous driving(s.1 Road Traffic Act +
-1988); +
-rape (s.1 Sexual Offences Act 1957); +
-rape (s.1 Sexual Offences Act 2003); +
-assault by penetration (S.2 Sexual Offences Act 2003); +
-penetration of a child under 13 (S. 6 Sexual Offences Act +
-2003); +
-assault of a child under 13 by penetration (S. 6 Sexual +
-Offences Act 2003); +
-robbery (S. Theft Act 1968); +
-assault with intent to rob (common law); +
-arson (Sections 1(1), 1(2) or 1(3)Criminal damage Act +
-1971); +
-perverting the course of public justice (common law); +
-conspiracy to defraud (common law); +
-kidnapping (common law); +
-wounding or grievous bodily harm (Sections 18 and 20 +
-Offences against the Person Act 1861); +
-conspiracy to commit any of the above offences (s.1 +
-Criminal Law Act 1977); +
-soliciting or inciting to commit any of the above offences +
-(common law); +
-attempting to commit any of the above offences (Sections +
-1 or 1A Criminal Attempts Act 1981); +
-any offence if the Client is accused of possessing a +
-firearm, shotgun or imitation firearm; +
-any offence if the Client is detained under S.41 of the +
-Terrorism Act 2000;+
 (b) Duty Solicitor rates would normally be payable; (b) Duty Solicitor rates would normally be payable;
-(c) the attendance is personally undertaken by a Duty Solicitor who is + 
-Engaged by you;+(c) the attendance is personally undertaken by a Duty Solicitor who is Engaged by you; 
 (d) the attendance is undertaken during a Duty Period; and (d) the attendance is undertaken during a Duty Period; and
-(e) the attendance takes place after acceptance of a Matter up until the + 
-point when the Client is released from the initial continuous period of +(e) the attendance takes place after acceptance of a Matter up until the point when the Client is released from the initial continuous period of custody. 
-custody. + 
-You must not claim at the Duty Solicitor serious offences rate if you have +9.100 You must not claim at the Duty Solicitor serious offences rate if you have had your Claims assessed at “category 3” (or equivalent) at the last Audit prior to the Police Station unless: 
-had your Claims assessed at “category 3” (or equivalent) at the last Audit +
-prior to the Police Station unless:+
 (a) the time limit for appealing the Assessment has yet to expire; or (a) the time limit for appealing the Assessment has yet to expire; or
-(b) within that time limit, an appeal has been made but has not been + 
-finally determined.+(b) within that time limit, an appeal has been made but has not been finally determined. 
 Rules on Claiming Rules on Claiming
-9.101 + 
-The rates in the Criminal Remuneration Regulations apply to work +9.101 The rates in the Criminal Remuneration Regulations apply to work undertaken by an Accredited Representative deployed in accordance with the  terms   ​of  this  Specification. ​ Advice ​ and   ​Assistance ​ given  by     ​
-undertaken by an Accredited Representative deployed in accordance with +Representative ​on your behalf must not be claimed under this Contract unless he or she is registered with us and meets the requirements of this Specification and the Police Station Register Arrangements when the  advice is given. 
-the terms of this Specification. Advice and Assistance given by a + 
-February 2017 +9.102 In a Police Station Advice and Assistance Matter which is claimable as an Escape Fee Case, we will not allow on Assessment any claim of more  than 
-75Representative ​on your behalf must not be claimed under this Contract +45 minutes travelling time (whether by you or an Accredited Representative). 
-unless he or she is registered with us and meets the requirements of this + 
-Specification and the Police Station Register Arrangements when the +9.103 A single Police Station Advice and Assistance Fixed Fee Claim on a Contract Report Form must be submitted for all work undertaken for a Client on the same Matter. If you give Advice and Assistance or further Police Station Advice and Assistance on the same Matter, you must use the same UFN. This Paragraph should be read with Paragraph 9.135. 
-advice is given. +
-9.102 In a Police Station Advice and Assistance Matter which is claimable as an +
-Escape Fee Case, we will not allow on Assessment any claim of more than +
-45 minutes travelling time (whether by you or an Accredited +
-Representative). +
-9.103 A single Police Station Advice and Assistance Fixed Fee Claim on a Contract +
-Report Form must be submitted for all work undertaken for a Client on the +
-same Matter. If you give Advice and Assistance or further Police Station +
-Advice and Assistance on the same Matter, you must use the same UFN. +
-This Paragraph should be read with Paragraph 9.135.+
 9.104 A Claim must only be submitted when: 9.104 A Claim must only be submitted when:
-(c) the Criminal Investigation has been concluded, either by way of the + 
-