This shows you the differences between two versions of the page.
Both sides previous revision Previous revision Next revision | Previous revision Last revision Both sides next revision | ||
criminal_bills_assessment_manual [2018/04/01 18:47] frescom |
criminal_bills_assessment_manual [2018/07/25 20:26] frescom |
||
---|---|---|---|
Line 80: | Line 80: | ||
Criminal Bills Assessment Manual – Version 4– July 2017 4 | Criminal Bills Assessment Manual – Version 4– July 2017 4 | ||
- | 5.7 Advice Abroad 34 | + | 5.7 Advice Abroad 34\\ |
- | 5.8 Payment for Police Station Work 34 | + | 5.8 Payment for Police Station Work 34\\ |
- | 5.9 Separate Matters 35 | + | 5.9 Separate Matters 35\\ |
- | 5.10 Police Station Telephone Advice 37 | + | 5.10 Police Station Telephone Advice 37\\ |
- | 5.11 Attendance at the Police Station 37 | + | 5.11 Attendance at the Police Station 37\\ |
- | 5.12 Pre Charge Advocacy Assistance 41 | + | 5.12 Pre Charge Advocacy Assistance 41\\ |
- | 5.13 Escape Fee Cases 42 | + | 5.13 Escape Fee Cases 42\\ |
- | 5.14 Transferring Solicitor 42 | + | 5.14 Transferring Solicitor 42\\ |
- | 5.15 Freestanding Advice and Assistance 43 | + | 5.15 Freestanding Advice and Assistance 43\\ |
- | 6. Proceedings 44 | + | 6. Proceedings 44\\ |
- | 6.1 Definition of Criminal Proceedings 44 | + | 6.1 Definition of Criminal Proceedings 44\\ |
- | 6.2 Advocacy Assistance 44 | + | |
- | 6.3 Separate Types of Work under a Representation Order 45 | + | 6.2 Advocacy Assistance 44\\ |
- | 6.4 Pre-Order Work 45 | + | |
- | 6.5 Pre-Order Cover(PROP); Early Cover (PROT) and Means Test Form Completion (PROU) 45 | + | 6.3 Separate Types of Work under a Representation Order 45\\ |
- | 6.6 Series of Offences 46 | + | |
- | 6.7 Counsel 47 | + | 6.4 Pre-Order Work 45\\ |
- | 6.8 Reviewing a File 52 | + | |
- | 6.9 Advice on Appeal 52 | + | 6.5 Pre-Order Cover(PROP); Early Cover (PROT) and Means Test Form Completion (PROU) 45\\ |
- | 6.10 Attendance at Police Station to open Master Tape 53 | + | |
- | 6.11 Attending Client in Custody 53 | + | 6.6 Series of Offences 46\\ |
- | 6.12 Attending Court and Adjournments 54 | + | |
+ | 6.7 Counsel 47\\ | ||
+ | |||
+ | 6.8 Reviewing a File 52\\ | ||
+ | |||
+ | 6.9 Advice on Appeal 52\\ | ||
+ | |||
+ | 6.10 Attendance at Police Station to open Master Tape 53\\ | ||
+ | |||
+ | 6.11 Attending Client in Custody 53\\ | ||
+ | |||
+ | 6.12 Attending Court and Adjournments 54\\ | ||
6.13 Representation and claiming Contempt in the face of Court Proceedings (Criminal Contempt) | 6.13 Representation and claiming Contempt in the face of Court Proceedings (Criminal Contempt) | ||
54 | 54 | ||
+ | |||
6.15 Representation in proceedings in relation to breach of an injunction under Part 1 of the AntiSocial | 6.15 Representation in proceedings in relation to breach of an injunction under Part 1 of the AntiSocial | ||
behaviour Crime and Policing Act 2014 (‘ASBCPA’) 55 | behaviour Crime and Policing Act 2014 (‘ASBCPA’) 55 | ||
+ | |||
6.16 Claiming Representations in Proceedings in relation to breach of an injunction under Part 1 of | 6.16 Claiming Representations in Proceedings in relation to breach of an injunction under Part 1 of | ||
the Anti-Social Behaviour Crime and Policing Act 2014 55 | the Anti-Social Behaviour Crime and Policing Act 2014 55 | ||
+ | |||
6.17 Representation and claiming Civil Contempt of Court matters 56 | 6.17 Representation and claiming Civil Contempt of Court matters 56 | ||
+ | |||
6.18 Domestic Violence Prevention Notices and Orders 57 | 6.18 Domestic Violence Prevention Notices and Orders 57 | ||
+ | |||
6.19 Closure Orders 58 | 6.19 Closure Orders 58 | ||
+ | |||
6.20 Virtual Courts 58 | 6.20 Virtual Courts 58 | ||
+ | |||
6.21 Low Value Theft 59 | 6.21 Low Value Theft 59 | ||
+ | |||
7. Prior Authority and the Assessment of Disbursements 60 | 7. Prior Authority and the Assessment of Disbursements 60 | ||
+ | |||
7.1 General 60 | 7.1 General 60 | ||
+ | |||
7.2 Experts 61 | 7.2 Experts 61 | ||
+ | |||
7.3 Defendant Expenses 62 | 7.3 Defendant Expenses 62 | ||
+ | |||
Criminal Bills Assessment Manual – Version 4– July 2017 5 | Criminal Bills Assessment Manual – Version 4– July 2017 5 | ||
+ | |||
7.4 Witness Expenses (including Prison Inmates) 63 | 7.4 Witness Expenses (including Prison Inmates) 63 | ||
+ | |||
7.5 Video Evidence of Defence Witnesses 63 | 7.5 Video Evidence of Defence Witnesses 63 | ||
+ | |||
7.6 Intermediaries 64 | 7.6 Intermediaries 64 | ||
+ | |||
7.7 Enquiry Agents 64 | 7.7 Enquiry Agents 64 | ||
+ | |||
Interpreters 64 | Interpreters 64 | ||
+ | |||
7.8 Translation of Prosecution Documents 65 | 7.8 Translation of Prosecution Documents 65 | ||
+ | |||
7.9 Transcription 66 | 7.9 Transcription 66 | ||
+ | |||
7.10 Purchase of Tapes/Records 66 | 7.10 Purchase of Tapes/Records 66 | ||
+ | |||
7.11 Computer Aided Transcripts (LiveNote) 66 | 7.11 Computer Aided Transcripts (LiveNote) 66 | ||
+ | |||
7.12 Electronic Presentation of Evidence at Trial (EPE) 67 | 7.12 Electronic Presentation of Evidence at Trial (EPE) 67 | ||
+ | |||
7.13 In-House Photocopying 68 | 7.13 In-House Photocopying 68 | ||
+ | |||
7.14 Defence Post Mortems 68 | 7.14 Defence Post Mortems 68 | ||
+ | |||
7.15 Data Protection Act Searches 69 | 7.15 Data Protection Act Searches 69 | ||
+ | |||
7.16 Unused Material 69 | 7.16 Unused Material 69 | ||
+ | |||
7.17 Payment on Account 70 | 7.17 Payment on Account 70 | ||
+ | |||
8. Applications for the Extension of an Upper Limit 71 | 8. Applications for the Extension of an Upper Limit 71 | ||
+ | |||
8.1 General 71 | 8.1 General 71 | ||
+ | |||
8.2 General Checks 71 | 8.2 General Checks 71 | ||
+ | |||
8.3 Detailed Checks 72 | 8.3 Detailed Checks 72 | ||
+ | |||
8.4 Counsel 72 | 8.4 Counsel 72 | ||
+ | |||
9. Rates & Payment 73 | 9. Rates & Payment 73 | ||
+ | |||
9.1 Enhanced Rates 73 | 9.1 Enhanced Rates 73 | ||
+ | |||
9.2 Process on Receipt of a Claim for Non-Standard Fees and Escape Fee Cases 74 | 9.2 Process on Receipt of a Claim for Non-Standard Fees and Escape Fee Cases 74 | ||
+ | |||
9.3 Late Claims 75 | 9.3 Late Claims 75 | ||
+ | |||
9.4 Supplementary and Amending Claims 75 | 9.4 Supplementary and Amending Claims 75 | ||
+ | |||
9.5 Wasted Costs Orders 76 | 9.5 Wasted Costs Orders 76 | ||
+ | |||
9.6 Withdrawal of Representation Orders 76 | 9.6 Withdrawal of Representation Orders 76 | ||
+ | |||
9.7 VAT 77 | 9.7 VAT 77 | ||
+ | |||
10. Proceeds of Crime Act 2002 (POCA) 78 | 10. Proceeds of Crime Act 2002 (POCA) 78 | ||
+ | |||
11. Funding for Confiscation Proceedings 80 | 11. Funding for Confiscation Proceedings 80 | ||
+ | |||
11.1 Confiscation pursued under either The Criminal Justice Act 1988 (CJA) and The Drugs | 11.1 Confiscation pursued under either The Criminal Justice Act 1988 (CJA) and The Drugs | ||
Trafficking Act 1994 (DTA) 80 | Trafficking Act 1994 (DTA) 80 | ||
+ | |||
11.2 Confiscation pursued under The Proceeds of Crime Act 2003 (POCA) 81 | 11.2 Confiscation pursued under The Proceeds of Crime Act 2003 (POCA) 81 | ||
+ | |||
11.3 Submission of Claims for Crown Court Work 81 | 11.3 Submission of Claims for Crown Court Work 81 | ||
+ | |||
11.4 Enforcement Proceedings in the Magistrates’ Court 81 | 11.4 Enforcement Proceedings in the Magistrates’ Court 81 | ||
+ | |||
11.5 Submission of Claims for Magistrates Work 81 | 11.5 Submission of Claims for Magistrates Work 81 | ||
+ | |||
12. Appeals and Reviews Class of Work 82 | 12. Appeals and Reviews Class of Work 82 | ||
+ | |||
Criminal Bills Assessment Manual – Version 4– July 2017 6 | Criminal Bills Assessment Manual – Version 4– July 2017 6 | ||
+ | |||
12.1 General 82 | 12.1 General 82 | ||
+ | |||
12.2 Scope, Previous Advice and Assistance and Matter Start Boundaries 82 | 12.2 Scope, Previous Advice and Assistance and Matter Start Boundaries 82 | ||
+ | |||
12.3 Criminal Cases Review Commission (CCRC) 83 | 12.3 Criminal Cases Review Commission (CCRC) 83 | ||
+ | |||
12.4 Representation on an Appeal by way of Case Stated 84 | 12.4 Representation on an Appeal by way of Case Stated 84 | ||
+ | |||
12.5 Appeals against Extradition 84 | 12.5 Appeals against Extradition 84 | ||
+ | |||
13. Prison Law 85 | 13. Prison Law 85 | ||
+ | |||
13.1 The Scope of Prison law 85 | 13.1 The Scope of Prison law 85 | ||
+ | |||
13.2 Pre December 2nd 2013 Cases 85 | 13.2 Pre December 2nd 2013 Cases 85 | ||
+ | |||
13.3 Evidence of Means 85 | 13.3 Evidence of Means 85 | ||
+ | |||
13.5 Sufficient Benefit Test 86 | 13.5 Sufficient Benefit Test 86 | ||
+ | |||
13.6 Sentence Calculation 87 | 13.6 Sentence Calculation 87 | ||
+ | |||
13.7 Disciplinary Cases 87 | 13.7 Disciplinary Cases 87 | ||
+ | |||
13.8 Parole Board Cases 88 | 13.8 Parole Board Cases 88 | ||
+ | |||
13.9 Advice and Assistance Fixed Fees 88 | 13.9 Advice and Assistance Fixed Fees 88 | ||
+ | |||
13.10 New Matters and Matter Start Boundaries 89 | 13.10 New Matters and Matter Start Boundaries 89 | ||
+ | |||
13.11 The Relationship between Advice and Assistance and Advocacy Assistance in Disciplinary and | 13.11 The Relationship between Advice and Assistance and Advocacy Assistance in Disciplinary and | ||
+ | |||
Parole Board Matters 89 | Parole Board Matters 89 | ||
+ | |||
13.12 Disciplinary Cases – Advocacy Assistance Standard Fees 90 | 13.12 Disciplinary Cases – Advocacy Assistance Standard Fees 90 | ||
+ | |||
13.13 Parole Board Cases - Advocacy Assistance Standard Fees 90 | 13.13 Parole Board Cases - Advocacy Assistance Standard Fees 90 | ||
+ | |||
13.14 Disbursements 91 | 13.14 Disbursements 91 | ||
+ | |||
13.15 Escape Fee Cases and Non-Standard Fees 91 | 13.15 Escape Fee Cases and Non-Standard Fees 91 | ||
+ | |||
13.16 Judicial Review 92 | 13.16 Judicial Review 92 | ||
+ | |||
14. Associated Civil Legal Aid 93 | 14. Associated Civil Legal Aid 93 | ||
+ | |||
14.1 Legal Help and Legal Representation – Judicial Review or Habeas Corpus 93 | 14.1 Legal Help and Legal Representation – Judicial Review or Habeas Corpus 93 | ||
+ | |||
14.2 Legal Help and Legal Representation – Proceeds of Crime Act 2002 93 | 14.2 Legal Help and Legal Representation – Proceeds of Crime Act 2002 93 | ||
+ | |||
14.3 Legal Help and Legal Representation in relation to proceedings sought in respect of alleged antisocial | 14.3 Legal Help and Legal Representation in relation to proceedings sought in respect of alleged antisocial | ||
behaviour under part 1 Section 1 of ASBCPA 2014 95 | behaviour under part 1 Section 1 of ASBCPA 2014 95 | ||
+ | |||
15. SOCPA Agreements and Criminal Legal Aid funding 96 | 15. SOCPA Agreements and Criminal Legal Aid funding 96 | ||
+ | |||
Annex A: Funding for Prescribed Proceedings 98 | Annex A: Funding for Prescribed Proceedings 98 | ||
+ | |||
Annex B: Financial Eligibility 102 | Annex B: Financial Eligibility 102 | ||
+ | |||
Criminal Bills Assessment Manual – Version 4– July 2017 7 | Criminal Bills Assessment Manual – Version 4– July 2017 7 | ||
+ | |||
1. Introduction | 1. Introduction | ||
+ | |||
1. The guidance contained in this document applies to the assessment of bills in criminal matters | 1. The guidance contained in this document applies to the assessment of bills in criminal matters | ||
and cases (other than in the Crown Court) governed by the 2017 Standard Crime Contract (SCC). If | and cases (other than in the Crown Court) governed by the 2017 Standard Crime Contract (SCC). If | ||
there are any inconsistencies between this document and the SCC, then the SCC will take precedence | there are any inconsistencies between this document and the SCC, then the SCC will take precedence | ||
over this guidance. | over this guidance. | ||
+ | |||
2. Separate guidance has been published by the Legal Aid Agency (LAA) relating to the Litigator | 2. Separate guidance has been published by the Legal Aid Agency (LAA) relating to the Litigator | ||
Graduated Fee Scheme (LGFS), the Advocates Graduated Fee Scheme (AGFS), and Criminal Very | Graduated Fee Scheme (LGFS), the Advocates Graduated Fee Scheme (AGFS), and Criminal Very | ||
Line 197: | Line 291: | ||
intentional differences between funding scheme guidance. Where such differences occur, the separate | intentional differences between funding scheme guidance. Where such differences occur, the separate | ||
guidance applicable to a particular fee scheme will take precedence over this guidance. | guidance applicable to a particular fee scheme will take precedence over this guidance. | ||
+ | |||
3. Providers undertaking work governed by the SCC are required to keep a detailed record of the | 3. Providers undertaking work governed by the SCC are required to keep a detailed record of the | ||
work done and costs incurred on each file. This document sets out the LAA’s approach to assessing | work done and costs incurred on each file. This document sets out the LAA’s approach to assessing | ||
Line 202: | Line 297: | ||
claims. It will also be used by Contract Managers and Operational Assurance staff undertaking file | claims. It will also be used by Contract Managers and Operational Assurance staff undertaking file | ||
reviews and Contract Compliance Audits. | reviews and Contract Compliance Audits. | ||
+ | |||
4. The Criminal Legal Aid (General) Regulations 2013, the Legal Aid Sentencing and Punishment of | 4. The Criminal Legal Aid (General) Regulations 2013, the Legal Aid Sentencing and Punishment of | ||
Offenders Act 2012 and the SCC should be consulted for an understanding of the scope of Criminal | Offenders Act 2012 and the SCC should be consulted for an understanding of the scope of Criminal | ||
Line 209: | Line 305: | ||
http://www.legislation.gov.uk/ | http://www.legislation.gov.uk/ | ||
https://www.gov.uk/government/publications/standard-crime-contract-2017 | https://www.gov.uk/government/publications/standard-crime-contract-2017 | ||
+ | |||
5. This guidance does not cover the rules and processes for reporting cases to the LAA and | 5. This guidance does not cover the rules and processes for reporting cases to the LAA and | ||
separate guidance on the LAA online system, which must be used to claim cases under the SCC, is | separate guidance on the LAA online system, which must be used to claim cases under the SCC, is | ||
available at the following link: | available at the following link: | ||
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415165/reporting-crimelower-work-guidance.pdf | https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415165/reporting-crimelower-work-guidance.pdf | ||
+ | |||
6. The key Representative Bodies have been consulted on the content of this manual and will be | 6. The key Representative Bodies have been consulted on the content of this manual and will be | ||
consulted each time it is changed. This manual will be reviewed and updated as developments require. | consulted each time it is changed. This manual will be reviewed and updated as developments require. | ||
+ | |||
7. Throughout this guidance there are a number of references to the National Taxation Team’s | 7. Throughout this guidance there are a number of references to the National Taxation Team’s | ||
‘Compendium’, which contains useful case law on criminal costs which may not be reported elsewhere. | ‘Compendium’, which contains useful case law on criminal costs which may not be reported elsewhere. | ||
Line 220: | Line 319: | ||
are to be treated as highly persuasive. Extracts from the Compendium are referred to in the text of this | are to be treated as highly persuasive. Extracts from the Compendium are referred to in the text of this | ||
manual where appropriate. | manual where appropriate. | ||
+ | |||
8. References are also made to previous Points of Principle of General Importance (PoP). PoP | 8. References are also made to previous Points of Principle of General Importance (PoP). PoP | ||
decisions add clarity or interpret the rules for assessing a claim for costs and once certified are binding | decisions add clarity or interpret the rules for assessing a claim for costs and once certified are binding | ||
Line 225: | Line 325: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
Any mention relevant to the PoPs in the guidance will be referenced as “CRIMLA” or “DS”. | Any mention relevant to the PoPs in the guidance will be referenced as “CRIMLA” or “DS”. | ||
+ | |||
9. Unless otherwise specified any references to Regulations in the main text means: | 9. Unless otherwise specified any references to Regulations in the main text means: | ||
Criminal Bills Assessment Manual – Version 4– July 2017 8 | Criminal Bills Assessment Manual – Version 4– July 2017 8 | ||
Line 232: | Line 333: | ||
iv) Criminal Legal Aid (Determination by a Court and Choice of Representative) | iv) Criminal Legal Aid (Determination by a Court and Choice of Representative) | ||
Regulations 2013 | Regulations 2013 | ||
+ | |||
10. Any references to Quality Standards means the Specialist Quality Mark (SQM) or Lexcel. | 10. Any references to Quality Standards means the Specialist Quality Mark (SQM) or Lexcel. | ||
Useful addresses: | Useful addresses: | ||
Line 259: | Line 361: | ||
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/592291/guide-allowancesunder-part-v-costs-criminal-cases-general-september-2016.doc | https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/592291/guide-allowancesunder-part-v-costs-criminal-cases-general-september-2016.doc | ||
Criminal Bills Assessment Manual – Version 4– July 2017 9 | Criminal Bills Assessment Manual – Version 4– July 2017 9 | ||
+ | |||
2. Basic principles | 2. Basic principles | ||
+ | |||
2.1 General Requirements | 2.1 General Requirements | ||
+ | |||
1. The basis on which all cost assessments are undertaken is defined at 8.30 to 8.36 of the SCC | 1. The basis on which all cost assessments are undertaken is defined at 8.30 to 8.36 of the SCC | ||
Specification. | Specification. | ||
+ | |||
2. All the relevant circumstances of the case including the nature, importance, complexity or | 2. All the relevant circumstances of the case including the nature, importance, complexity or | ||
difficulty of the work and time involved are considered and a reasonable amount is allowed for all work | difficulty of the work and time involved are considered and a reasonable amount is allowed for all work | ||
actually and reasonably done. | actually and reasonably done. | ||
+ | |||
3. In accordance with 5.6, of the SCC Specification, time should be recorded in 6 minute units. | 3. In accordance with 5.6, of the SCC Specification, time should be recorded in 6 minute units. | ||
+ | |||
4. The onus is on the Provider to provide evidence on file that the work was reasonably done. For | 4. The onus is on the Provider to provide evidence on file that the work was reasonably done. For | ||
each item of work claimed the time spent must be supported by appropriate evidence on file by way of | each item of work claimed the time spent must be supported by appropriate evidence on file by way of | ||
an attendance note or evidence of documentation drafted or perused. Please refer to 8.33, of the SCC | an attendance note or evidence of documentation drafted or perused. Please refer to 8.33, of the SCC | ||
Specification. | Specification. | ||
+ | |||
5. Standardised attendance notes, without any confirmation or reference to specific instructions | 5. Standardised attendance notes, without any confirmation or reference to specific instructions | ||
obtained from or advice given to the client, should not be deemed as satisfactory evidence of the | obtained from or advice given to the client, should not be deemed as satisfactory evidence of the | ||
reasonableness of the work done for any but the briefest of attendances. | reasonableness of the work done for any but the briefest of attendances. | ||
+ | |||
6. All records of work done should be timed and dated. If they are not, the claim may still be allowed | 6. All records of work done should be timed and dated. If they are not, the claim may still be allowed | ||
if alternative evidence exists on file showing the date on which the work was done. | if alternative evidence exists on file showing the date on which the work was done. | ||
+ | |||
7. At the time of audit, Providers must demonstrate that contract work is undertaken in accordance | 7. At the time of audit, Providers must demonstrate that contract work is undertaken in accordance | ||
with the terms of the SCC (Standard Terms, 7.9). Consideration should be given to the most efficient | with the terms of the SCC (Standard Terms, 7.9). Consideration should be given to the most efficient | ||
Line 282: | Line 393: | ||
specific individuals (e.g. accredited representatives, designated fee earners or solicitors), consideration | specific individuals (e.g. accredited representatives, designated fee earners or solicitors), consideration | ||
should be given to identifying those individuals on attendance notes or pro forma documents. | should be given to identifying those individuals on attendance notes or pro forma documents. | ||
+ | |||
8. Where the attendance note does not justify the time spent, or there is no other evidence on file, | 8. Where the attendance note does not justify the time spent, or there is no other evidence on file, | ||
the claim may either be reduced or disallowed. | the claim may either be reduced or disallowed. | ||
+ | |||
9. Individual attendance notes should be carefully considered but it is also important to look at the | 9. Individual attendance notes should be carefully considered but it is also important to look at the | ||
total time claimed for advising on particular issues and on the total time expended on the case as a | total time claimed for advising on particular issues and on the total time expended on the case as a | ||
whole. Justification should be evident for any step that is unusual or takes a significant amount of time. | whole. Justification should be evident for any step that is unusual or takes a significant amount of time. | ||
+ | |||
10. Payment will not be made for time spent on purely administrative matters and office overheads | 10. Payment will not be made for time spent on purely administrative matters and office overheads | ||
(i.e. the costs of running the Provider). Work undertaken by fee-earning staff is not automatically | (i.e. the costs of running the Provider). Work undertaken by fee-earning staff is not automatically | ||
considered fee-earning work for this purpose. See Section 3 (below) for further details of administrative | considered fee-earning work for this purpose. See Section 3 (below) for further details of administrative | ||
work and refer to 5.54 to 5.56, of the SCC Specification for more details of non-chargeable work. | work and refer to 5.54 to 5.56, of the SCC Specification for more details of non-chargeable work. | ||
+ | |||
11. Handwritten notes are acceptable provided the Assessor can clearly see what they relate to. | 11. Handwritten notes are acceptable provided the Assessor can clearly see what they relate to. | ||
There is no requirement that attendance notes should be typed up. | There is no requirement that attendance notes should be typed up. | ||
+ | |||
12. A solicitor is not entitled to be paid for preparing, checking or signing a claim for costs. (R -vSandhu | 12. A solicitor is not entitled to be paid for preparing, checking or signing a claim for costs. (R -vSandhu | ||
- The Taxing Compendium): | - The Taxing Compendium): | ||
Line 299: | Line 415: | ||
not possibly fall within this definition of legal aid… no such allowance is permissible. The item was rightly | not possibly fall within this definition of legal aid… no such allowance is permissible. The item was rightly | ||
disallowed by the determining officer.” | disallowed by the determining officer.” | ||
+ | |||
13. A Provider may not make a claim for costs from the LAA that have been incurred due to an error | 13. A Provider may not make a claim for costs from the LAA that have been incurred due to an error | ||
on their part. For example, a letter sent to the client to address an earlier error or omission could not be | on their part. For example, a letter sent to the client to address an earlier error or omission could not be | ||
claimed or the costs of the production of a second Representation Order if the original has been lost by | claimed or the costs of the production of a second Representation Order if the original has been lost by | ||
the Provider. Please refer to 5.59, of the SCC Specification. | the Provider. Please refer to 5.59, of the SCC Specification. | ||
+ | |||
2.2 Definition of a Fee-Earner | 2.2 Definition of a Fee-Earner | ||
+ | |||
1. Other than work undertaken by an agent or counsel it is only possible to pay for work done by a | 1. Other than work undertaken by an agent or counsel it is only possible to pay for work done by a | ||
fee-earner under the SCC. This means a solicitor, a legal executive, a clerk or any other person who | fee-earner under the SCC. This means a solicitor, a legal executive, a clerk or any other person who | ||
Line 310: | Line 429: | ||
may work on the same case and the Assessor should ensure that, where this occurs, there is no | may work on the same case and the Assessor should ensure that, where this occurs, there is no | ||
unnecessary duplication of work. Please also refer to 4.52, of the SCC Specification. | unnecessary duplication of work. Please also refer to 4.52, of the SCC Specification. | ||
+ | |||
2. In accordance with 2.36, of the SCC Specification, it would not be expected for a non-designated | 2. In accordance with 2.36, of the SCC Specification, it would not be expected for a non-designated | ||
fee earner to undertake more than 3 hours work a month. | fee earner to undertake more than 3 hours work a month. | ||
+ | |||
3. In accordance with 2.39, of the SCC Specification, 80% of instances of Police Station Advice and | 3. In accordance with 2.39, of the SCC Specification, 80% of instances of Police Station Advice and | ||
Assistance Matters, and 50% of Advocacy Assistance Matters in the Magistrate’s Court should be | Assistance Matters, and 50% of Advocacy Assistance Matters in the Magistrate’s Court should be | ||
undertaken by Designated Fee Earners. | undertaken by Designated Fee Earners. | ||
+ | |||
4. An employee of a Provider may act partly as a fee-earner and partly in another capacity. The test | 4. An employee of a Provider may act partly as a fee-earner and partly in another capacity. The test | ||
is whether it would be appropriate to directly charge the client for the fee-earning part of the work (R -vDuxbury | is whether it would be appropriate to directly charge the client for the fee-earning part of the work (R -vDuxbury | ||
Line 322: | Line 444: | ||
purpose of the Regulations. It was a question of fact to be determined in each case whether the | purpose of the Regulations. It was a question of fact to be determined in each case whether the | ||
individual concerned was a fee-earner.” | individual concerned was a fee-earner.” | ||
+ | |||
5. A fee-earner does not necessarily have to be a full-time employee, as set out in the PoP CRIMLA | 5. A fee-earner does not necessarily have to be a full-time employee, as set out in the PoP CRIMLA | ||
43, see: | 43, see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
2.3 The Role of an Assessor | 2.3 The Role of an Assessor | ||
+ | |||
1. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2013, the Director of Legal | 1. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2013, the Director of Legal | ||
Aid Casework is the appropriate authority to determine a claim for costs relating to contract work. In | Aid Casework is the appropriate authority to determine a claim for costs relating to contract work. In | ||
practice, the assessment of costs is delegated to LAA staff. | practice, the assessment of costs is delegated to LAA staff. | ||
+ | |||
2. In this manual, the term “Assessor” is used instead of “determining officer”. The role of an | 2. In this manual, the term “Assessor” is used instead of “determining officer”. The role of an | ||
Assessor is to allow such work/time which appears to have been reasonably done by a fee-earner in | Assessor is to allow such work/time which appears to have been reasonably done by a fee-earner in | ||
relation to each type of work specified in the Contract and Regulations and to allow such disbursements | relation to each type of work specified in the Contract and Regulations and to allow such disbursements | ||
as appear to have been reasonably incurred. | as appear to have been reasonably incurred. | ||
+ | |||
3. An Assessor should not be required to “second guess” what a fee-earner has done as this should | 3. An Assessor should not be required to “second guess” what a fee-earner has done as this should | ||
be evident from the file. | be evident from the file. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 11 | Criminal Bills Assessment Manual – Version 4– July 2017 11 | ||
2.4 Exercise of Discretion and the Reasonableness Test | 2.4 Exercise of Discretion and the Reasonableness Test | ||
+ | |||
1. In accordance with 5.7 of the SCC Specification, an Assessor must determine whether the work | 1. In accordance with 5.7 of the SCC Specification, an Assessor must determine whether the work | ||
appears to have been reasonably done and whether the time claimed is reasonable. “Reasonable” | appears to have been reasonably done and whether the time claimed is reasonable. “Reasonable” | ||
Line 342: | Line 469: | ||
PoP CRIMLA 38 see: | PoP CRIMLA 38 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
2. Determining reasonableness will involve, in general terms, taking into account all the relevant | 2. Determining reasonableness will involve, in general terms, taking into account all the relevant | ||
circumstances of the case including; the nature, importance, complexity or difficulty of the work, the time | circumstances of the case including; the nature, importance, complexity or difficulty of the work, the time | ||
Line 351: | Line 479: | ||
amount or which is unreasonably incurred. In short, whenever it is too high, he must tax down. Otherwise | amount or which is unreasonably incurred. In short, whenever it is too high, he must tax down. Otherwise | ||
the legal aid system could be much abused by solicitors and counsel.” (Per Lord Denning MR) | the legal aid system could be much abused by solicitors and counsel.” (Per Lord Denning MR) | ||
+ | |||
3. As well as assessing individual items of work the Assessor is entitled to look at the claim as a | 3. As well as assessing individual items of work the Assessor is entitled to look at the claim as a | ||
whole. The Assessor should initially undertake a per item assessment and then consider the | whole. The Assessor should initially undertake a per item assessment and then consider the | ||
Line 359: | Line 488: | ||
dispatch must be required while making proper allowance for matters such as a difficult client and the | dispatch must be required while making proper allowance for matters such as a difficult client and the | ||
dangers of hindsight in the unpredictable field of litigation.” (Per Henry LJ) | dangers of hindsight in the unpredictable field of litigation.” (Per Henry LJ) | ||
+ | |||
4. The assessing officer should not apply the benefit of hindsight. The claim should be assessed | 4. The assessing officer should not apply the benefit of hindsight. The claim should be assessed | ||
with reference to the information that was reasonably available to the solicitor at the time. In the civil | with reference to the information that was reasonably available to the solicitor at the time. In the civil | ||
Line 365: | Line 495: | ||
determining officer is that of a sensible solicitor sitting in his chair and considering what in the light of his | determining officer is that of a sensible solicitor sitting in his chair and considering what in the light of his | ||
then knowledge is reasonable in the interests of his lay client.” (Per Sachs, J) | then knowledge is reasonable in the interests of his lay client.” (Per Sachs, J) | ||
+ | |||
5. An Assessor must have regard to CLA56 and may only depart form a Provider’s use of delegated | 5. An Assessor must have regard to CLA56 and may only depart form a Provider’s use of delegated | ||
functions where the Provider’s decision was ‘manifestly unreasonable’ i.e. where the use of delegated | functions where the Provider’s decision was ‘manifestly unreasonable’ i.e. where the use of delegated | ||
Line 377: | Line 508: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
Criminal Bills Assessment Manual – Version 4– July 2017 12 | Criminal Bills Assessment Manual – Version 4– July 2017 12 | ||
+ | |||
3. Guidance for all Assessments | 3. Guidance for all Assessments | ||
+ | |||
3.1 Administrative Work and Overheads | 3.1 Administrative Work and Overheads | ||
+ | |||
1. Subject to any express exceptions, payment will not be made for time spent on purely | 1. Subject to any express exceptions, payment will not be made for time spent on purely | ||
administrative matters (5.54, of the SCC Specification). Thus, office overheads are not recoverable | administrative matters (5.54, of the SCC Specification). Thus, office overheads are not recoverable | ||
under the SCC. Overheads include, but are not limited to: the cost of maintaining premises, taxes, | under the SCC. Overheads include, but are not limited to: the cost of maintaining premises, taxes, | ||
postage, stationery, typing, faxing, and telephone bills. | postage, stationery, typing, faxing, and telephone bills. | ||
+ | |||
2. In deciding whether fee-earning work is administrative, consideration should be given to the work | 2. In deciding whether fee-earning work is administrative, consideration should be given to the work | ||
that was actually undertaken and not just the person doing the work. The test for fee-earning work is | that was actually undertaken and not just the person doing the work. The test for fee-earning work is | ||
whether it goes directly to the provision of contracted legal services to the client. | whether it goes directly to the provision of contracted legal services to the client. | ||
+ | |||
3. The cost of undertaking all but exceptional quantities of photocopying in-house is regarded as an | 3. The cost of undertaking all but exceptional quantities of photocopying in-house is regarded as an | ||
overhead expense (see Section 7). | overhead expense (see Section 7). | ||
+ | |||
4. Pursuant to 5.55, of the SCC Specification, the Assessor may not allow payment for preparing, | 4. Pursuant to 5.55, of the SCC Specification, the Assessor may not allow payment for preparing, | ||
checking, or signing a claim for costs. The cost of opening and setting up files, and maintaining time | checking, or signing a claim for costs. The cost of opening and setting up files, and maintaining time | ||
costing records are all administrative costs. | costing records are all administrative costs. | ||
+ | |||
5. Courier fees are also excluded unless it is necessary to use a courier to deliver documents as a | 5. Courier fees are also excluded unless it is necessary to use a courier to deliver documents as a | ||
matter of urgency and the urgency has not been created by delay on the part of the solicitor. | matter of urgency and the urgency has not been created by delay on the part of the solicitor. | ||
+ | |||
3.2 Attendances | 3.2 Attendances | ||
+ | |||
1. Where there have been several attendances on the client, consideration should be given as to | 1. Where there have been several attendances on the client, consideration should be given as to | ||
whether the later attendances dealt with issues which could have been raised at an earlier stage or dealt | whether the later attendances dealt with issues which could have been raised at an earlier stage or dealt | ||
Line 408: | Line 548: | ||
determining officer to be astute to seek ways of snipping of,' small amounts of time here and there in a | determining officer to be astute to seek ways of snipping of,' small amounts of time here and there in a | ||
bill of costs.” | bill of costs.” | ||
+ | |||
2. The frequency and length of the attendances should be justified on file and should relate to all the | 2. The frequency and length of the attendances should be justified on file and should relate to all the | ||
circumstances apparent from the file. | circumstances apparent from the file. | ||
+ | |||
3. If lengthy attendances are claimed, these should be capable of substantiation by reference to | 3. If lengthy attendances are claimed, these should be capable of substantiation by reference to | ||
statements taken from the defendant and/or witnesses or a full file note. | statements taken from the defendant and/or witnesses or a full file note. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 13 | Criminal Bills Assessment Manual – Version 4– July 2017 13 | ||
+ | |||
4. The solicitor may need to see persons other than the defendant, e.g. witnesses (whether as to | 4. The solicitor may need to see persons other than the defendant, e.g. witnesses (whether as to | ||
fact or character) and also perhaps the prosecution, social services, or probation service. National | fact or character) and also perhaps the prosecution, social services, or probation service. National | ||
Line 418: | Line 561: | ||
procedure. Work undertaken attending on a defence witness to explain those procedures should | procedure. Work undertaken attending on a defence witness to explain those procedures should | ||
generally be allowed, provided the time spent is reasonable. | generally be allowed, provided the time spent is reasonable. | ||
+ | |||
5. For any attendance claimed over two units (12 minutes) in length, the Assessor should expect to | 5. For any attendance claimed over two units (12 minutes) in length, the Assessor should expect to | ||
see some detail showing the instructions taken, or the advice given, or how the case was progressed. | see some detail showing the instructions taken, or the advice given, or how the case was progressed. | ||
Line 431: | Line 575: | ||
d) Details of the papers considered such as the pages read or summary of the context. | d) Details of the papers considered such as the pages read or summary of the context. | ||
Child Defendants | Child Defendants | ||
+ | |||
6. When representing children i.e. those under 18, it could be necessary for the solicitor to spend | 6. When representing children i.e. those under 18, it could be necessary for the solicitor to spend | ||
some time in attending and advising parents, guardians or other relatives. The Assessor should consider | some time in attending and advising parents, guardians or other relatives. The Assessor should consider | ||
the age and capacity of the client and allow such time as is reasonable. | the age and capacity of the client and allow such time as is reasonable. | ||
+ | |||
7. The Assessor should, however, ensure that time has not been claimed in respect of | 7. The Assessor should, however, ensure that time has not been claimed in respect of | ||
unreasonable attendances on parents or other relatives. The Assessor should be satisfied that the | unreasonable attendances on parents or other relatives. The Assessor should be satisfied that the | ||
attendance in question has materially progressed the case. | attendance in question has materially progressed the case. | ||
+ | |||
3.3 Preparation of Documents | 3.3 Preparation of Documents | ||
+ | |||
1. When claiming for the preparation of documents, an attendance note should show the time spent | 1. When claiming for the preparation of documents, an attendance note should show the time spent | ||
in preparation of that particular document (e.g. a statement or long letter) and should normally be | in preparation of that particular document (e.g. a statement or long letter) and should normally be | ||
evidenced by the existence of that document or a copy on the file. The length or nature of the document | evidenced by the existence of that document or a copy on the file. The length or nature of the document | ||
should justify the time claimed in its preparation. | should justify the time claimed in its preparation. | ||
+ | |||
2. The length and content of any statements taken from a defendant and/or witnesses should be | 2. The length and content of any statements taken from a defendant and/or witnesses should be | ||
considered, particularly if lengthy attendances are claimed. As a guide, it will normally take | considered, particularly if lengthy attendances are claimed. As a guide, it will normally take | ||
Line 454: | Line 603: | ||
the case itself may be complex. The solicitor should justify why additional time was spent as part of the | the case itself may be complex. The solicitor should justify why additional time was spent as part of the | ||
claim. | claim. | ||
+ | |||
3. Time spent in dictation of attendance notes, proofs, briefs, etc. should be allowed as preparation, | 3. Time spent in dictation of attendance notes, proofs, briefs, etc. should be allowed as preparation, | ||
provided that it is reasonable. Proof reading to check accuracy of documents may be allowed as | provided that it is reasonable. Proof reading to check accuracy of documents may be allowed as | ||
Line 475: | Line 625: | ||
solicitor may also need to spend some time linking the content of witness statements to the visual | solicitor may also need to spend some time linking the content of witness statements to the visual | ||
recording. | recording. | ||
+ | |||
6. In complex cases, the volume of served evidence can be extensive. If the documents show a | 6. In complex cases, the volume of served evidence can be extensive. If the documents show a | ||
clear prima facie case, then the amount of time required to consider the remaining evidence may be very | clear prima facie case, then the amount of time required to consider the remaining evidence may be very | ||
Line 481: | Line 632: | ||
the amount of time spent by the solicitor on preparation. More detailed justifications are more likely to be | the amount of time spent by the solicitor on preparation. More detailed justifications are more likely to be | ||
required in larger cases which are more complex. | required in larger cases which are more complex. | ||
+ | |||
7. It is important to look at the case as a whole, and to take into account all the available information | 7. It is important to look at the case as a whole, and to take into account all the available information | ||
including the number and nature of the charge(s), the defendant's plea, the facts available about the | including the number and nature of the charge(s), the defendant's plea, the facts available about the | ||
incident resulting in the charge, and to consider the relevance of any time spent by the conducting | incident resulting in the charge, and to consider the relevance of any time spent by the conducting | ||
solicitor in providing advice at the police station. | solicitor in providing advice at the police station. | ||
+ | |||
8. When evaluating the amount of time spent preparing a case, account should be taken of the | 8. When evaluating the amount of time spent preparing a case, account should be taken of the | ||
number of documents a solicitor has had to peruse, including the committal file and/or papers received | number of documents a solicitor has had to peruse, including the committal file and/or papers received | ||
Line 490: | Line 643: | ||
on the claim form when claiming a non-Standard Fee. The complexity of a case should not be | on the claim form when claiming a non-Standard Fee. The complexity of a case should not be | ||
determined according to the volume of documents alone, but this is a relevant factor. | determined according to the volume of documents alone, but this is a relevant factor. | ||
+ | |||
9. To refuse to allow a solicitor to read all the witness statements contained in the Advanced | 9. To refuse to allow a solicitor to read all the witness statements contained in the Advanced | ||
Information would be unreasonable as it would not enable the solicitor to obtain an overview of the whole | Information would be unreasonable as it would not enable the solicitor to obtain an overview of the whole | ||
case. This may be invaluable later in terms of subsequent cost savings and it would question the | case. This may be invaluable later in terms of subsequent cost savings and it would question the | ||
solicitor’s judgement in a way that could be regarded as prejudicial to the judicial process. | solicitor’s judgement in a way that could be regarded as prejudicial to the judicial process. | ||
+ | |||
10. There is a difference between reading and considering documents, such as the Advanced | 10. There is a difference between reading and considering documents, such as the Advanced | ||
Information for the purpose of advising on plea, and detailed consideration of documents by way of | Information for the purpose of advising on plea, and detailed consideration of documents by way of | ||
Line 500: | Line 655: | ||
and documents of greater complexity may take longer either to read and comprehend, or to compare | and documents of greater complexity may take longer either to read and comprehend, or to compare | ||
with other documents, e.g. an expert’s report. | with other documents, e.g. an expert’s report. | ||
+ | |||
11. If a defendant clearly intends to plead guilty, less detailed consideration of documents will | 11. If a defendant clearly intends to plead guilty, less detailed consideration of documents will | ||
generally be needed than where the case is contested. In a contested matter the solicitor will need to | generally be needed than where the case is contested. In a contested matter the solicitor will need to | ||
consider all the papers prior to the substantive hearing. | consider all the papers prior to the substantive hearing. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 15 | Criminal Bills Assessment Manual – Version 4– July 2017 15 | ||
+ | |||
12. A solicitor may be entitled to claim as part of preparation work time spent in correcting | 12. A solicitor may be entitled to claim as part of preparation work time spent in correcting | ||
prosecuting papers, although it would be unusual to do so. Reference should be made to the PoP | prosecuting papers, although it would be unusual to do so. Reference should be made to the PoP | ||
CRIMLA 16 see: | CRIMLA 16 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
3.4 Legal Research | 3.4 Legal Research | ||
+ | |||
1. A solicitor who undertakes criminal work is expected to be able to deal with everyday criminal | 1. A solicitor who undertakes criminal work is expected to be able to deal with everyday criminal | ||
cases without the need to do a great deal of legal research. 5.56, of the SCC Specification provides that | cases without the need to do a great deal of legal research. 5.56, of the SCC Specification provides that | ||
Line 518: | Line 677: | ||
There would have to be some particular justification e.g. there has been a recent change in the law that | There would have to be some particular justification e.g. there has been a recent change in the law that | ||
may affect the file and the matter has to be considered for that reason. | may affect the file and the matter has to be considered for that reason. | ||
+ | |||
2. Time spent in researching a novel, developing or unusual point of law or the implications of new | 2. Time spent in researching a novel, developing or unusual point of law or the implications of new | ||
legislation may be allowed Perry and Alexander -v- The Lord Chancellor [1994] - The Taxing | legislation may be allowed Perry and Alexander -v- The Lord Chancellor [1994] - The Taxing | ||
Line 523: | Line 683: | ||
“We are in no doubt that this was a case where Counsel was entitled to spend time both in getting up the | “We are in no doubt that this was a case where Counsel was entitled to spend time both in getting up the | ||
law and then applying it to the circumstances of the case.” | law and then applying it to the circumstances of the case.” | ||
+ | |||
3. There should be something in the particular case that raises it above the norm in order to justify | 3. There should be something in the particular case that raises it above the norm in order to justify | ||
legal research. Where such a claim is made, the Assessor would expect to see evidence of the research | legal research. Where such a claim is made, the Assessor would expect to see evidence of the research | ||
Line 631: | Line 792: | ||
to be properly assessed. | to be properly assessed. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 18 | Criminal Bills Assessment Manual – Version 4– July 2017 18 | ||
+ | |||
3.7 Reviewing Interview Records | 3.7 Reviewing Interview Records | ||
+ | |||
1. Listening to or watching a recording of the interview is often vital to the proper preparation of the | 1. Listening to or watching a recording of the interview is often vital to the proper preparation of the | ||
client’s defence and particularly important where the client intends to contest the charge or is unsure | client’s defence and particularly important where the client intends to contest the charge or is unsure | ||
about plea. | about plea. | ||
+ | |||
2. It is reasonable in principle for solicitors to listen/watch recordings of police interviews where the | 2. It is reasonable in principle for solicitors to listen/watch recordings of police interviews where the | ||
client cannot confirm that the police summary is correct provided that the justification for doing so is | client cannot confirm that the police summary is correct provided that the justification for doing so is | ||
properly evidenced on file. | properly evidenced on file. | ||
+ | |||
3. Previous guidance issued by the Ministry of Justice on how to deal with claims for listening to | 3. Previous guidance issued by the Ministry of Justice on how to deal with claims for listening to | ||
tapes applies here. This is as follows - | tapes applies here. This is as follows - | ||
Line 659: | Line 824: | ||
where counsel has been instructed by his solicitor to listen then it would be unreasonable to disallow | where counsel has been instructed by his solicitor to listen then it would be unreasonable to disallow | ||
counsel’s claim for doing so.” | counsel’s claim for doing so.” | ||
+ | |||
4. If the Provider conducting criminal proceedings also attended the police interview(s) or delegated | 4. If the Provider conducting criminal proceedings also attended the police interview(s) or delegated | ||
this to a freelance agent, then any written summary of the interview(s) should be referred to the feeearner | this to a freelance agent, then any written summary of the interview(s) should be referred to the feeearner | ||
Line 664: | Line 830: | ||
allowing payment for listening/watching, Assessors will expect to see a brief note on file confirming the | allowing payment for listening/watching, Assessors will expect to see a brief note on file confirming the | ||
view of the police station adviser as to whether the written summary is accurate or adequate. | view of the police station adviser as to whether the written summary is accurate or adequate. | ||
+ | |||
5. If a fee-earner decides to listen/watch a record any note produced as a result of this should | 5. If a fee-earner decides to listen/watch a record any note produced as a result of this should | ||
highlight the relevant passages using real recording times. This will assist the advocate at any | highlight the relevant passages using real recording times. This will assist the advocate at any | ||
Line 669: | Line 836: | ||
preparation for a trial hearing. If the advocate decides to review the full record then further brief | preparation for a trial hearing. If the advocate decides to review the full record then further brief | ||
justification must be provided as to the reasons why. | justification must be provided as to the reasons why. | ||
+ | |||
6. Where a recording is reviewed on the basis that the summary or record was materially disputed | 6. Where a recording is reviewed on the basis that the summary or record was materially disputed | ||
and the resolution of the dispute was relevant to the conduct of the defence, then it would be reasonable | and the resolution of the dispute was relevant to the conduct of the defence, then it would be reasonable | ||
Line 677: | Line 845: | ||
tape. However, if the client is unsure about the summary, then it may be reasonable for the solicitor to | tape. However, if the client is unsure about the summary, then it may be reasonable for the solicitor to | ||
listen/watch the tape, provided that the reason for doing so is justified in an attendance note. | listen/watch the tape, provided that the reason for doing so is justified in an attendance note. | ||
+ | |||
7. The length of the record is a starting point for the assessment of what is reasonable but it will not | 7. The length of the record is a starting point for the assessment of what is reasonable but it will not | ||
always be necessary for the solicitor to review the whole record (rather than just to the material part) nor | always be necessary for the solicitor to review the whole record (rather than just to the material part) nor | ||
would it be reasonable to assume that the record was played through without interruption (i.e. more than | would it be reasonable to assume that the record was played through without interruption (i.e. more than | ||
the running time of the record may be allowed). | the running time of the record may be allowed). | ||
+ | |||
8. Where a non-Standard Fee is claimed, the solicitor should confirm on the claim form the total | 8. Where a non-Standard Fee is claimed, the solicitor should confirm on the claim form the total | ||
time spent watching or listening to recorded evidence. | time spent watching or listening to recorded evidence. | ||
+ | |||
9. It may be appropriate for a solicitor to review a “no comment” interview to identify the questions | 9. It may be appropriate for a solicitor to review a “no comment” interview to identify the questions | ||
which may cause an adverse inference to be drawn. A solicitor may also review a tape to ensure that an | which may cause an adverse inference to be drawn. A solicitor may also review a tape to ensure that an | ||
Line 688: | Line 859: | ||
that the solicitor is aware of any situational pressures, the client’s vulnerabilities, and the conduct of the | that the solicitor is aware of any situational pressures, the client’s vulnerabilities, and the conduct of the | ||
investigating officer and others involved in questioning the client. | investigating officer and others involved in questioning the client. | ||
+ | |||
3.8 Correspondence | 3.8 Correspondence | ||
General | General | ||
+ | |||
1. Routine letters written and routine telephone calls are paid at the routine rate set out in the | 1. Routine letters written and routine telephone calls are paid at the routine rate set out in the | ||
Criminal Legal Aid (Remuneration) Regulations 2013. Payment for each of these is on a per item basis | Criminal Legal Aid (Remuneration) Regulations 2013. Payment for each of these is on a per item basis | ||
in accordance with the SCC. | in accordance with the SCC. | ||
+ | |||
2. Not every telephone call or letter claimed should automatically be allowed. The assessing officer | 2. Not every telephone call or letter claimed should automatically be allowed. The assessing officer | ||
must make a decision whether it was reasonable to make the call or write the letter and give reasons for | must make a decision whether it was reasonable to make the call or write the letter and give reasons for | ||
any that are disallowed. | any that are disallowed. | ||
+ | |||
3. Letters sent or telephone calls made to correct an error made by the solicitor or to obtain | 3. Letters sent or telephone calls made to correct an error made by the solicitor or to obtain | ||
information which could reasonably have been obtained at an earlier interview (in the light of the | information which could reasonably have been obtained at an earlier interview (in the light of the | ||
Line 703: | Line 878: | ||
that the work was in any event reasonably required. The Assessor must be careful not to apply the | that the work was in any event reasonably required. The Assessor must be careful not to apply the | ||
benefit of hindsight. | benefit of hindsight. | ||
+ | |||
4. Where a solicitor telephones/writes to their client reminding the client of an impending court | 4. Where a solicitor telephones/writes to their client reminding the client of an impending court | ||
appearance, the solicitor may claim the standard rate for the telephone call or letter. This reminder | appearance, the solicitor may claim the standard rate for the telephone call or letter. This reminder | ||
Line 730: | Line 906: | ||
letter containing an expert’s report, then the actual time spent considering the letter may be charged as | letter containing an expert’s report, then the actual time spent considering the letter may be charged as | ||
preparation, provided that it is reasonable. | preparation, provided that it is reasonable. | ||
+ | |||
11. Where a letter is produced to a standard format then the presumption would be that the routine | 11. Where a letter is produced to a standard format then the presumption would be that the routine | ||
letter rate should be claimed for that letter. Where a routine letter is adapted to include content that is | letter rate should be claimed for that letter. Where a routine letter is adapted to include content that is | ||
particular to the client’s case and materially progresses the case, the time involved in drafting that part of | particular to the client’s case and materially progresses the case, the time involved in drafting that part of | ||
the letter may be allowed as preparation, provided that it exceeds the time threshold set out above. | the letter may be allowed as preparation, provided that it exceeds the time threshold set out above. | ||
+ | |||
12. Letters are subject to the reasonableness test in the usual way and where a number of separate | 12. Letters are subject to the reasonableness test in the usual way and where a number of separate | ||
letters are produced to deal with matters which could reasonably, conveniently and appropriately have | letters are produced to deal with matters which could reasonably, conveniently and appropriately have | ||
Line 743: | Line 921: | ||
may be allowed in circumstances where it is reasonable and necessary to send separate letters (e.g. a | may be allowed in circumstances where it is reasonable and necessary to send separate letters (e.g. a | ||
case involving a child where copy letters are sent to the child’s parent or guardian). | case involving a child where copy letters are sent to the child’s parent or guardian). | ||
+ | |||
13. The solicitor may, if they consider it appropriate, write to the client after each court appearance, | 13. The solicitor may, if they consider it appropriate, write to the client after each court appearance, | ||
giving details of the decision of the court and the client's next appearance before the court. The solicitor | giving details of the decision of the court and the client's next appearance before the court. The solicitor | ||
Line 750: | Line 929: | ||
case. Reference should be made to the PoP CRIMLA 2 see: | case. Reference should be made to the PoP CRIMLA 2 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
14. It will not usually be reasonable to allow a claim for a letter written by a secretary or other nonfee-earner | 14. It will not usually be reasonable to allow a claim for a letter written by a secretary or other nonfee-earner | ||
without any specific action by the fee-earner, unless it can be construed as fee-earner work | without any specific action by the fee-earner, unless it can be construed as fee-earner work | ||
Line 755: | Line 935: | ||
example of a letter that would not require fee-earner work would be the sending of a cheque to an | example of a letter that would not require fee-earner work would be the sending of a cheque to an | ||
expert. | expert. | ||
+ | |||
15. It is good practice to provide covering letters when sending out documents. Sending the | 15. It is good practice to provide covering letters when sending out documents. Sending the | ||
document alone may be insufficient explanation to the recipient and retaining only the document on file is | document alone may be insufficient explanation to the recipient and retaining only the document on file is | ||
Line 760: | Line 941: | ||
Telephone Calls | Telephone Calls | ||
Criminal Bills Assessment Manual – Version 4– July 2017 21 | Criminal Bills Assessment Manual – Version 4– July 2017 21 | ||
+ | |||
16. If a telephone call is claimed as non-routine attendance, and at preparation rates, a proper record | 16. If a telephone call is claimed as non-routine attendance, and at preparation rates, a proper record | ||
of its content should be provided to justify this claim. The Assessor should consider whether the call was | of its content should be provided to justify this claim. The Assessor should consider whether the call was | ||
Line 765: | Line 947: | ||
call satisfying these criteria and lasting over 12 minutes in length would be likely to justify a claim for | call satisfying these criteria and lasting over 12 minutes in length would be likely to justify a claim for | ||
preparation. Any call claimed as preparation must not be simultaneously claimed as a routine item. | preparation. Any call claimed as preparation must not be simultaneously claimed as a routine item. | ||
+ | |||
17. The Assessor should look at the work done rather than the role of the person conducting it. | 17. The Assessor should look at the work done rather than the role of the person conducting it. | ||
Chargeable, fee-earning, work is work for which it is appropriate to make a direct charge to a client. | Chargeable, fee-earning, work is work for which it is appropriate to make a direct charge to a client. | ||
Line 770: | Line 953: | ||
overheads. Administrative telephone calls are generally calls to arrange appointments or other calls that | overheads. Administrative telephone calls are generally calls to arrange appointments or other calls that | ||
have no legal content. | have no legal content. | ||
+ | |||
18. No allowance can be made for non-effective or abortive telephone calls i.e. where the line was | 18. No allowance can be made for non-effective or abortive telephone calls i.e. where the line was | ||
engaged or the telephone is not answered or a mobile phone is switched off. R -v- Hudson - The Taxing | engaged or the telephone is not answered or a mobile phone is switched off. R -v- Hudson - The Taxing | ||
Line 776: | Line 960: | ||
not seem to justify the disallowance of any routine letter written, or any routine telephone call, other than | not seem to justify the disallowance of any routine letter written, or any routine telephone call, other than | ||
abortive calls which the last sentence expressly excludes.” | abortive calls which the last sentence expressly excludes.” | ||
+ | |||
19. Where a message is left (even if a voicemail) the routine rate should be allowed provided this | 19. Where a message is left (even if a voicemail) the routine rate should be allowed provided this | ||
constitutes an attempt to progress the case. | constitutes an attempt to progress the case. | ||
E-mails | E-mails | ||
+ | |||
20. Where an e-mail is sent instead of a letter then it can be allowed as a letter on normal principles. | 20. Where an e-mail is sent instead of a letter then it can be allowed as a letter on normal principles. | ||
A printout of the e-mail must be kept on file. No separate claim can be made for sending a hard copy as | A printout of the e-mail must be kept on file. No separate claim can be made for sending a hard copy as | ||
no extra preparation time is involved. Evidence of all e-mail communication should be retained on file. | no extra preparation time is involved. Evidence of all e-mail communication should be retained on file. | ||
+ | |||
21. As with the above paragraph 9, an email of substantial length may be claimed at the preparation | 21. As with the above paragraph 9, an email of substantial length may be claimed at the preparation | ||
rate, if it is reasonable. | rate, if it is reasonable. | ||
+ | |||
22. Internal e-mail communication within a Provider should be treated as an overhead, except where | 22. Internal e-mail communication within a Provider should be treated as an overhead, except where | ||
it forms part of case preparation e.g. sending a note for advocate via e-mail. Routine e-mails received | it forms part of case preparation e.g. sending a note for advocate via e-mail. Routine e-mails received | ||
Line 789: | Line 977: | ||
more than one recipient, i.e. only one item may be claimed for. | more than one recipient, i.e. only one item may be claimed for. | ||
Text Messages | Text Messages | ||
+ | |||
23. If a text message is sent instead of making a routine telephone call, the text may be claimed as a | 23. If a text message is sent instead of making a routine telephone call, the text may be claimed as a | ||
routine call, provided that the reason for using text instead of the telephone is justified on file and the | routine call, provided that the reason for using text instead of the telephone is justified on file and the | ||
Line 794: | Line 983: | ||
routine letter or call. | routine letter or call. | ||
Faxes | Faxes | ||
+ | |||
24. Where a letter is sent by fax or attached to an email then it is claimable on normal principles. | 24. Where a letter is sent by fax or attached to an email then it is claimable on normal principles. | ||
However, no separate claim can be made for the subsequent hard copy of the letter as there has been | However, no separate claim can be made for the subsequent hard copy of the letter as there has been | ||
no extra preparation time involved. Time spent sending a fax (as opposed to preparing the content of the | no extra preparation time involved. Time spent sending a fax (as opposed to preparing the content of the | ||
letter) is administrative work and not claimable. | letter) is administrative work and not claimable. | ||
+ | |||
+ | |||
3.9 Travel and Waiting | 3.9 Travel and Waiting | ||
+ | |||
General | General | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 22 | + | |
1. Travel or waiting cannot be claimed separately if the case is undertaken in a designated area | 1. Travel or waiting cannot be claimed separately if the case is undertaken in a designated area | ||
(10.85, of the SCC Specification). | (10.85, of the SCC Specification). | ||
+ | |||
2. Police Station Fixed Fees usually include an element of travel and waiting as part of the fees. | 2. Police Station Fixed Fees usually include an element of travel and waiting as part of the fees. | ||
Travel and waiting time would therefore only be remunerated separate to the fee in exceptional claims. | Travel and waiting time would therefore only be remunerated separate to the fee in exceptional claims. | ||
+ | |||
3. Where a solicitor deals with more than one case on the same day, travelling and waiting time and | 3. Where a solicitor deals with more than one case on the same day, travelling and waiting time and | ||
travel disbursements should be apportioned appropriately between each case provided that there is no | travel disbursements should be apportioned appropriately between each case provided that there is no | ||
Line 810: | Line 1005: | ||
then the solicitor should note the apportionment of costs on the file and the non-Standard Fee claim form | then the solicitor should note the apportionment of costs on the file and the non-Standard Fee claim form | ||
where applicable. | where applicable. | ||
+ | |||
+ | |||
Travel | Travel | ||
+ | |||
4. Whenever travel time is incurred, the Assessor should consider whether it was reasonable for the | 4. Whenever travel time is incurred, the Assessor should consider whether it was reasonable for the | ||
journey to be made and whether the time claimed for that journey is reasonable. There is an expectation | journey to be made and whether the time claimed for that journey is reasonable. There is an expectation | ||
that the solicitor will use the most economical mode of transport possible whilst taking into consideration | that the solicitor will use the most economical mode of transport possible whilst taking into consideration | ||
the practical considerations of the case. R- v -Slessor – The Compendium | the practical considerations of the case. R- v -Slessor – The Compendium | ||
+ | |||
“(a) prima facie the amount to be allowed is the cost of the time expended on and the expenses incurred | “(a) prima facie the amount to be allowed is the cost of the time expended on and the expenses incurred | ||
in making the journey by public transport, provided that public transport is available and is reasonably | in making the journey by public transport, provided that public transport is available and is reasonably | ||
convenient, having regard to the relevant circumstances in each case;” | convenient, having regard to the relevant circumstances in each case;” | ||
+ | |||
5. Both the costs of the disbursement, and the time taken at the profit cost travel rate, should be | 5. Both the costs of the disbursement, and the time taken at the profit cost travel rate, should be | ||
taken into consideration. Where applicable, and travel time is claimable, both elements need to be borne | taken into consideration. Where applicable, and travel time is claimable, both elements need to be borne | ||
Line 823: | Line 1023: | ||
the fund of the former might be greater in the particular circumstances if one adds in the extra time the | the fund of the former might be greater in the particular circumstances if one adds in the extra time the | ||
journey will take at the hourly travelling time rate. | journey will take at the hourly travelling time rate. | ||
+ | |||
6. First class travel may be claimed, but only where it is explicitly proven to be the most economical | 6. First class travel may be claimed, but only where it is explicitly proven to be the most economical | ||
fare available at the time and the appropriate evidence is retained on file. | fare available at the time and the appropriate evidence is retained on file. | ||
+ | |||
7. The contract does not prevent the solicitor from travelling to attend on counsel, experts, | 7. The contract does not prevent the solicitor from travelling to attend on counsel, experts, | ||
witnesses or site inspections where it is appropriate to do so. The contract is primarily concerned with | witnesses or site inspections where it is appropriate to do so. The contract is primarily concerned with | ||
Line 831: | Line 1033: | ||
could be referred to a more local contractor. It is unlikely to be reasonable for a Provider to claim for | could be referred to a more local contractor. It is unlikely to be reasonable for a Provider to claim for | ||
travel for more than one hour each way. | travel for more than one hour each way. | ||
+ | |||
8. However, it may be reasonable to accept instructions from a more distant client where: | 8. However, it may be reasonable to accept instructions from a more distant client where: | ||
+ | |||
a) There is no other more local contractor available. | a) There is no other more local contractor available. | ||
+ | |||
b) The client’s problem is so specialised that, in the solicitor’s reasonable view, there is no | b) The client’s problem is so specialised that, in the solicitor’s reasonable view, there is no | ||
more local contractor with the expertise to deal with the case. | more local contractor with the expertise to deal with the case. | ||
+ | |||
c) The solicitor has significant previous knowledge of the case or dealings with the client in | c) The solicitor has significant previous knowledge of the case or dealings with the client in | ||
relation to the issues raised by the case so as to justify renewed involvement even though | relation to the issues raised by the case so as to justify renewed involvement even though | ||
the client is at a distance. | the client is at a distance. | ||
+ | |||
d) The local court or the remand centre where the client is located is more than one hour’s | d) The local court or the remand centre where the client is located is more than one hour’s | ||
travelling time away. | travelling time away. | ||
+ | |||
9. The greater the distance the greater the justification which will be required. | 9. The greater the distance the greater the justification which will be required. | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 23 | + | |
10. The reason for accepting instructions and or making the journey when the client is at a distance | 10. The reason for accepting instructions and or making the journey when the client is at a distance | ||
should be noted and kept on the file. | should be noted and kept on the file. | ||
+ | |||
11. The amount allowed in respect of reasonable travel should reflect the full cost and time spent on | 11. The amount allowed in respect of reasonable travel should reflect the full cost and time spent on | ||
each journey. Reference should be made to the PoP CRIMLA 33 see: | each journey. Reference should be made to the PoP CRIMLA 33 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
12. Local travel expenses should not be claimed if the solicitor’s office is within walking distance of | 12. Local travel expenses should not be claimed if the solicitor’s office is within walking distance of | ||
the court. A solicitor is not entitled to claim the cost of travelling from home to the office. R- v- Slessor – | the court. A solicitor is not entitled to claim the cost of travelling from home to the office. R- v- Slessor – | ||
+ | |||
The Compendium | The Compendium | ||
+ | |||
“(b) a solicitor is not entitled to claim the cost of the time spent or cost incurred in travelling to his office | “(b) a solicitor is not entitled to claim the cost of the time spent or cost incurred in travelling to his office | ||
from his home; the journey should be deemed to start from the solicitor's office, unless he in fact started | from his home; the journey should be deemed to start from the solicitor's office, unless he in fact started | ||
from his home and that was nearer to the court than his office;” | from his home and that was nearer to the court than his office;” | ||
+ | |||
+ | |||
13. Providers are not entitled to claim the time or costs for travelling between the Provider’s offices | 13. Providers are not entitled to claim the time or costs for travelling between the Provider’s offices | ||
unless justified for example if the witness or client requested a meeting nearer to them due to mobility | unless justified for example if the witness or client requested a meeting nearer to them due to mobility | ||
problems. The maximum fee principle will be applied to any claim where staff have travelled from a nonlocal | problems. The maximum fee principle will be applied to any claim where staff have travelled from a nonlocal | ||
office or where non-employed fee earner have been used, such as an agent or representative. | office or where non-employed fee earner have been used, such as an agent or representative. | ||
+ | |||
+ | |||
14. It would generally be expected for the client to attend the solicitor’s office. A solicitor’s claim for | 14. It would generally be expected for the client to attend the solicitor’s office. A solicitor’s claim for | ||
travelling to attend the client may be allowed only where there is a particular reason for do so and a | travelling to attend the client may be allowed only where there is a particular reason for do so and a | ||
Line 864: | Line 1080: | ||
telephone. Where it is deemed that an unnecessary number of journeys are made then the travel | telephone. Where it is deemed that an unnecessary number of journeys are made then the travel | ||
claimed may be disallowed. | claimed may be disallowed. | ||
+ | |||
15. 9.102, of the SCC Specification confirms that the Provider must not claim more than 45 minutes | 15. 9.102, of the SCC Specification confirms that the Provider must not claim more than 45 minutes | ||
travel time each way on a Police Station exceptional claim. | travel time each way on a Police Station exceptional claim. | ||
+ | |||
16. Furthermore 12.35 of the SCC Specification confirms that the Provider must not claim more than | 16. Furthermore 12.35 of the SCC Specification confirms that the Provider must not claim more than | ||
one hour each way on a Prison Law Escape Fee Case. The only exception to this is when a client is | one hour each way on a Prison Law Escape Fee Case. The only exception to this is when a client is | ||
moved Prison and the case has already reached the Escape Fee Threshold. In these circumstances a | moved Prison and the case has already reached the Escape Fee Threshold. In these circumstances a | ||
Provider may claim up to three hours travel either way (12.36-12.37 of the SCC Specification). | Provider may claim up to three hours travel either way (12.36-12.37 of the SCC Specification). | ||
+ | |||
17. Assessors should note that on occasions a fee-earner may have to travel with bulky case papers | 17. Assessors should note that on occasions a fee-earner may have to travel with bulky case papers | ||
and reference books. There is also a security and confidentiality issue in that solicitors must keep the | and reference books. There is also a security and confidentiality issue in that solicitors must keep the | ||
Line 875: | Line 1094: | ||
circumstances it may not be reasonable to expect a solicitor to use public transport. The onus is on the | circumstances it may not be reasonable to expect a solicitor to use public transport. The onus is on the | ||
solicitor to provide relevant justification on file. | solicitor to provide relevant justification on file. | ||
+ | |||
18. The mileage rate outlined at Part 5.48, of the SCC Specification should only be paid where the | 18. The mileage rate outlined at Part 5.48, of the SCC Specification should only be paid where the | ||
use of a private motor vehicle was necessary (for example, because no public transport was available), | use of a private motor vehicle was necessary (for example, because no public transport was available), | ||
Line 881: | Line 1101: | ||
the use of a private motor vehicle was otherwise reasonable (for example, where a fee earner needs to | the use of a private motor vehicle was otherwise reasonable (for example, where a fee earner needs to | ||
carry a large number of sensitive documents). | carry a large number of sensitive documents). | ||
+ | |||
19. The Mileage rate for the use of a bicycle is 20p per mile. | 19. The Mileage rate for the use of a bicycle is 20p per mile. | ||
+ | |||
20. In instances where there is no justification for the use of a private motor vehicle, the cost of public | 20. In instances where there is no justification for the use of a private motor vehicle, the cost of public | ||
transportation, or a notional public transport mileage rate (25p) may be applied. The public transport rate | transportation, or a notional public transport mileage rate (25p) may be applied. The public transport rate | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 24 | ||
is a rate per mile calculated to be equivalent to the average cost of public transport. R- v- Slessor – The | is a rate per mile calculated to be equivalent to the average cost of public transport. R- v- Slessor – The | ||
Compendium | Compendium | ||
+ | |||
+ | |||
“(e) if the journey is one which could have been made by public transport, but is accomplished by motor | “(e) if the journey is one which could have been made by public transport, but is accomplished by motor | ||
car purely as a matter of preference, then the allowance to be made for travelling time should be the | car purely as a matter of preference, then the allowance to be made for travelling time should be the | ||
Line 892: | Line 1115: | ||
the less: expenses should be calculated on the basis of the "public transport" mileage rate (that rate is | the less: expenses should be calculated on the basis of the "public transport" mileage rate (that rate is | ||
calculated by reference to the average cost of public transport per mile)…” | calculated by reference to the average cost of public transport per mile)…” | ||
+ | |||
“(f) if public transport is not available or not reasonably convenient, the actual time spent in travelling | “(f) if public transport is not available or not reasonably convenient, the actual time spent in travelling | ||
should be allowed and the expenses should be calculated on the basis of the standard mileage rate…” | should be allowed and the expenses should be calculated on the basis of the standard mileage rate…” | ||
+ | |||
“(g) what may be "not reasonably convenient" is a matter of discretion, dependent upon the relevant | “(g) what may be "not reasonably convenient" is a matter of discretion, dependent upon the relevant | ||
circumstances of each case, and what is reasonably convenient in one set of circumstances may not be | circumstances of each case, and what is reasonably convenient in one set of circumstances may not be | ||
Line 900: | Line 1125: | ||
may be justified - the Taxing Master urged determining officers to adopt a flexible and broad approach to | may be justified - the Taxing Master urged determining officers to adopt a flexible and broad approach to | ||
the problem.” | the problem.” | ||
+ | |||
“Per curiam: so far as expenses only are concerned these rules apply equally to members of the Bar in | “Per curiam: so far as expenses only are concerned these rules apply equally to members of the Bar in | ||
cases in which it is appropriate to include an element for expenses in the fees allowed, but no allowance | cases in which it is appropriate to include an element for expenses in the fees allowed, but no allowance | ||
for the cost of time spent in travelling is made to them.” | for the cost of time spent in travelling is made to them.” | ||
+ | |||
21. The Assessor should allow what is reasonable in the circumstances, bearing in mind that the | 21. The Assessor should allow what is reasonable in the circumstances, bearing in mind that the | ||
most economical fare might not always be appropriate. It would be usual to expect alternative quotes to | most economical fare might not always be appropriate. It would be usual to expect alternative quotes to | ||
be sought to identify the most competitive route. | be sought to identify the most competitive route. | ||
+ | |||
22. Invoices/receipts should always be produced in support of claims for travel expenses. Where | 22. Invoices/receipts should always be produced in support of claims for travel expenses. Where | ||
travel disbursements are claimed, a dated breakdown must be provided in support. Claims for up to £20 | travel disbursements are claimed, a dated breakdown must be provided in support. Claims for up to £20 | ||
Line 911: | Line 1139: | ||
on file. All expenses of £20 or more (excluding mileage) must be substantiated by the relevant | on file. All expenses of £20 or more (excluding mileage) must be substantiated by the relevant | ||
disbursement voucher or an explanation why it is not available on the file. | disbursement voucher or an explanation why it is not available on the file. | ||
+ | |||
23. If prior authority has been obtained to cover the expense, then the voucher and a copy of the | 23. If prior authority has been obtained to cover the expense, then the voucher and a copy of the | ||
authority must be available but there is no need to justify why the expense was incurred, unless the | authority must be available but there is no need to justify why the expense was incurred, unless the | ||
amount exceeds the prior authority given. | amount exceeds the prior authority given. | ||
+ | |||
24. The ticket and/or an internet print out for the journey undertaken should be provided alongside | 24. The ticket and/or an internet print out for the journey undertaken should be provided alongside | ||
the evidence that the fee for the journey has been paid. The onus is on the Provider to ensure that clear | the evidence that the fee for the journey has been paid. The onus is on the Provider to ensure that clear | ||
Line 919: | Line 1149: | ||
evidence should refer to the particular journey, the date of the journey, the class of fare, the price of the | evidence should refer to the particular journey, the date of the journey, the class of fare, the price of the | ||
disbursement, and the case concerned. | disbursement, and the case concerned. | ||
+ | |||
25. The cost of travel by air may only be allowed if there is no reasonable alternative and the class of | 25. The cost of travel by air may only be allowed if there is no reasonable alternative and the class of | ||
fare is reasonable in all the circumstances, or if air travel is more economical taking into account the time | fare is reasonable in all the circumstances, or if air travel is more economical taking into account the time | ||
Line 925: | Line 1156: | ||
transport should be allowed. | transport should be allowed. | ||
Waiting | Waiting | ||
+ | |||
26. A solicitor may have very little control over the amount of time spent waiting at court for the case | 26. A solicitor may have very little control over the amount of time spent waiting at court for the case | ||
to be called. The Assessor should only disallow this element of a claim if it appears excessive i.e. in | to be called. The Assessor should only disallow this element of a claim if it appears excessive i.e. in | ||
Line 930: | Line 1162: | ||
excess of 20 units (2 hours) as a rough guide. A note must be included on the file to outline why any | excess of 20 units (2 hours) as a rough guide. A note must be included on the file to outline why any | ||
excessive waiting time has been claimed. | excessive waiting time has been claimed. | ||
+ | |||
27. A solicitor cannot claim as waiting time the period spent at court over the luncheon adjournment | 27. A solicitor cannot claim as waiting time the period spent at court over the luncheon adjournment | ||
R -v- Varney - The Taxing Compendium – | R -v- Varney - The Taxing Compendium – | ||
Line 936: | Line 1169: | ||
conferences with counsel, it should not be treated as time during which a solicitor would expect to be | conferences with counsel, it should not be treated as time during which a solicitor would expect to be | ||
working and for which he would make a charge to his client.” | working and for which he would make a charge to his client.” | ||
+ | |||
28. This time may be used to undertake preparation work which may be remunerated according to | 28. This time may be used to undertake preparation work which may be remunerated according to | ||
the usual principles i.e. reasonableness. | the usual principles i.e. reasonableness. | ||
+ | |||
29. If the solicitor attends on the client or counsel during waiting time then this should be claimed as | 29. If the solicitor attends on the client or counsel during waiting time then this should be claimed as | ||
attendance and care should be exercised to ensure that there is no double claiming. It would not be | attendance and care should be exercised to ensure that there is no double claiming. It would not be | ||
reasonable for a solicitor to claim waiting time, plus a separate attendance. | reasonable for a solicitor to claim waiting time, plus a separate attendance. | ||
+ | |||
30. Courts may “double list” trial hearings to ensure that court time is used efficiently. If a case is | 30. Courts may “double list” trial hearings to ensure that court time is used efficiently. If a case is | ||
“stood out” at the last minute due to a re-listing, the waiting time incurred should normally be allowed as | “stood out” at the last minute due to a re-listing, the waiting time incurred should normally be allowed as | ||
the solicitor is not responsible for the double listing. | the solicitor is not responsible for the double listing. | ||
Overnight Expenses | Overnight Expenses | ||
+ | |||
31. The cost of overnight accommodation should only be allowed if the Assessor is satisfied that an | 31. The cost of overnight accommodation should only be allowed if the Assessor is satisfied that an | ||
attendance at a distance is justified and that the need for an overnight stay is justified. Even if it is | attendance at a distance is justified and that the need for an overnight stay is justified. Even if it is | ||
Line 950: | Line 1187: | ||
at some stage in the case. Reference should be made to the PoP CRIMLA 31 see: | at some stage in the case. Reference should be made to the PoP CRIMLA 31 see: | ||
https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | https://www.gov.uk/guidance/legal-aid-points-of-principle-of-general-importance-pop | ||
+ | |||
32. Where overnight expenditure can be reasonably justified (with receipts), taking into consideration | 32. Where overnight expenditure can be reasonably justified (with receipts), taking into consideration | ||
all circumstances of the case, the following/rates will apply: | all circumstances of the case, the following/rates will apply: | ||
Line 962: | Line 1200: | ||
Overnight (other than at a hotel) Up to £25 per night | Overnight (other than at a hotel) Up to £25 per night | ||
Congestion Charging and Toll Roads | Congestion Charging and Toll Roads | ||
+ | |||
33. Where a solicitor’s usual daily commute triggers the Congestions Charge that charge should not | 33. Where a solicitor’s usual daily commute triggers the Congestions Charge that charge should not | ||
be claimed on work done in relation to a case. | be claimed on work done in relation to a case. | ||
+ | |||
34. A fee-earner who has driven into the zone (who does not normally do so) within charging hours | 34. A fee-earner who has driven into the zone (who does not normally do so) within charging hours | ||
and specifically for the purposes of a case may claim for the Congestion Charge. Whenever the charge | and specifically for the purposes of a case may claim for the Congestion Charge. Whenever the charge | ||
is incurred it is subject to reasonableness. | is incurred it is subject to reasonableness. | ||
+ | |||
35. Fee–earners based at a solicitor’s office outside the charging zone may claim the congestion | 35. Fee–earners based at a solicitor’s office outside the charging zone may claim the congestion | ||
charge as a disbursement, subject to the considerations outlined below as to its reasonableness. | charge as a disbursement, subject to the considerations outlined below as to its reasonableness. | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 26 | + | |
36. The additional cost of the Congestion Charge should be considered when deciding the | 36. The additional cost of the Congestion Charge should be considered when deciding the | ||
reasonableness of travel by car. As public transport is widely available within the zone, it is the solicitor's | reasonableness of travel by car. As public transport is widely available within the zone, it is the solicitor's | ||
Line 975: | Line 1216: | ||
evidence on the file in order to justify the use of private transport, the notional public transport mileage | evidence on the file in order to justify the use of private transport, the notional public transport mileage | ||
rate or the cost of public transport will apply. | rate or the cost of public transport will apply. | ||
+ | |||
37. If a solicitor undertakes a journey including a toll road, this may be deemed a reasonable | 37. If a solicitor undertakes a journey including a toll road, this may be deemed a reasonable | ||
disbursement. Evidence should be included on the file in order to justify why this was the most | disbursement. Evidence should be included on the file in order to justify why this was the most | ||
economical route. | economical route. | ||
+ | |||
38. Since there is no charge for additional travel on the same day, the charge should be claimed as a | 38. Since there is no charge for additional travel on the same day, the charge should be claimed as a | ||
disbursement if it has been triggered only as a result of the work on the particular case, and would not | disbursement if it has been triggered only as a result of the work on the particular case, and would not | ||
Line 984: | Line 1227: | ||
necessary to apportion the charge between clients as it will be triggered by the first incidence of travel | necessary to apportion the charge between clients as it will be triggered by the first incidence of travel | ||
and should be credited to the first client attended. | and should be credited to the first client attended. | ||
+ | |||
39. The fund will only be responsible for the charge itself and will not pay any surcharge or penalty | 39. The fund will only be responsible for the charge itself and will not pay any surcharge or penalty | ||
levied for late payment. | levied for late payment. | ||
+ | |||
40. The charge is outside the scope of VAT so VAT cannot be claimed. | 40. The charge is outside the scope of VAT so VAT cannot be claimed. | ||
+ | |||
3.10 Non Legal Support Service for Defendants | 3.10 Non Legal Support Service for Defendants | ||
+ | |||
1. Criminal Legal Aid exists to secure legal services for individuals subject to criminal investigations | 1. Criminal Legal Aid exists to secure legal services for individuals subject to criminal investigations | ||
and criminal proceedings. As well as the services themselves, it funds expenses that are incidental or | and criminal proceedings. As well as the services themselves, it funds expenses that are incidental or | ||
conducive to those services, such as travel costs for solicitors and experts. | conducive to those services, such as travel costs for solicitors and experts. | ||
+ | |||
2. Some support services are available for defendants or defence witnesses who are deemed to be | 2. Some support services are available for defendants or defence witnesses who are deemed to be | ||
particularly vulnerable. These services support and prepare the individuals for their appearance at court, | particularly vulnerable. These services support and prepare the individuals for their appearance at court, | ||
and assess them for the equivalent of the special measures provided for victims and witnesses. | and assess them for the equivalent of the special measures provided for victims and witnesses. | ||
+ | |||
3. In exceptional circumstances it may be reasonable for the Provider to claim for defendant’s travel | 3. In exceptional circumstances it may be reasonable for the Provider to claim for defendant’s travel | ||
expenses (please refer to section 8 below). | expenses (please refer to section 8 below). | ||
- | Criminal Bills Assessment Manual – Version 4– July 2017 27 | + | |
4. The Appeals Procedure on Costs Assessments | 4. The Appeals Procedure on Costs Assessments | ||
+ | |||
4.1 Basis of Assessments and Appeals | 4.1 Basis of Assessments and Appeals | ||
+ | |||
1. Any assessment made under 8.30 to 8.36, of the SCC Specification shall take place on the basis | 1. Any assessment made under 8.30 to 8.36, of the SCC Specification shall take place on the basis | ||
of determining whether work was actually and reasonably done and any disbursements actually and | of determining whether work was actually and reasonably done and any disbursements actually and | ||
Line 1094: | Line 1346: | ||
9. Once the ICA has made a decision there is no further right of appeal. | 9. Once the ICA has made a decision there is no further right of appeal. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 30 | Criminal Bills Assessment Manual – Version 4– July 2017 30 | ||
+ | |||
5. Police Station and Criminal Investigations Work | 5. Police Station and Criminal Investigations Work | ||
+ | |||
5.1 Regulations | 5.1 Regulations | ||
+ | |||
1. Police Station Advice and Assistance is provided under Part 2 of the Criminal Legal Aid (General) | 1. Police Station Advice and Assistance is provided under Part 2 of the Criminal Legal Aid (General) | ||
Regulations 2013. This should be read alongside Section 13 of the Legal Aid, Sentencing and | Regulations 2013. This should be read alongside Section 13 of the Legal Aid, Sentencing and | ||
Punishment of Offenders Act 2012, which determines the Director of Legal Aid Casework, in the context | Punishment of Offenders Act 2012, which determines the Director of Legal Aid Casework, in the context | ||
of police station work, to fund such Advice and Assistance as it considers appropriate. | of police station work, to fund such Advice and Assistance as it considers appropriate. | ||
+ | |||
2. Police Station Advice and Assistance can be given either by a duty solicitor or the client’s own | 2. Police Station Advice and Assistance can be given either by a duty solicitor or the client’s own | ||
solicitor. Criminal Legal Aid can only pay for advice if that Provider holds a Contract. Subject to local | solicitor. Criminal Legal Aid can only pay for advice if that Provider holds a Contract. Subject to local |