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criminal_bills_assessment_manual [2018/04/01 18:57]
frescom 		criminal_bills_assessment_manual [2018/07/25 20:21]
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
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 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
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 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
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 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
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 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
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 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.
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 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
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 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.
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 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
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 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
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 routine letter or call. routine letter or call.
 Faxes Faxes
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 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 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).
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 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
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 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
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 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
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 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
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 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.
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 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 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 –
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 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
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 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
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 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),
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 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 
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 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
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 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
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 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
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 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 
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 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 –
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 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
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 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:
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 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
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 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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