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criminal_bills_assessment_manual
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criminal_bills_assessment_manual [2018/04/01 18:57] frescom |
criminal_bills_assessment_manual [2018/04/01 19:02] frescom |
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| 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 919: | 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). | ||
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| 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 926: | 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 931: | 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 936: | 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 941: | 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 946: | 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 1023: | Line 1031: | ||
| 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 – | ||
| Line 1029: | Line 1038: | ||
| 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 1040: | Line 1051: | ||
| 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 1051: | Line 1065: | ||
| 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 1057: | Line 1072: | ||
| 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 | ||
| Line 1079: | Line 1096: | ||
| 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 1087: | Line 1106: | ||
| 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 1270: | Line 1291: | ||
| 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 | ||
criminal_bills_assessment_manual.txt · Last modified: 2018/07/25 21:00 by frescom
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