The implementation of the Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 on 2nd October 2014 will bring about two main changes to the Crown Court fees claimable in certain cases. These are:
- The introduction of interim payments; and
- A change in the fees claimable where the Defendant elects a Crown Court trial (in certain circumstances).
These changes only apply to cases where the Representation Order is granted on or after 2nd October 2014.
1. Interim Payments
Litigators will be able to make a claim for an interim payment in each of the following scenarios:
(a) Where a Not Guilty Plea has been entered at the PCMH and directions for Trial have been given;
(b) Where the Representation Order has been transferred to a new litigator following the order of a retrial (where the date of the retrial has been set); and
(c) Where a Trial listed for 10 days or more has commenced.
NB: If the Defendant has elected a Crown Court Trial it will not be possible to claim an interim payment in scenarios (a) or (b).
For retrials where the litigator is the same, no further interim payments will be claimable. For retrials where there is a new litigator, an interim payment may be claimed once the date for the retrial has been set and the Representation Order has been transferred. A further interim payment may be claimed by the new litigator where the retrial has commenced and is listed for 10 days or more.
How to make a claim
To make a claim for an interim payment the litigator will submit an interim payment LF3 claim form to the LAA Nottingham office. The claim form will need to be accompanied by the standard supporting information (i.e. a copy of the Indictment, a copy of the Representation Order(s) and the evidence of PPE).
To make a full claim at the end of the case an LF3a claim form should be submitted. If the offence class and PPE have not changed there will be no need to resend the supporting evidence; however, if these aspects have changed it will be necessary to submit evidence to support the amended offence class/additional PPE.
Calculating the interim payment
The fees are calculated in accordance with paragraphs (11) to (14) of the new Regulation 17A. Essentially:
(a) The interim fee paid for scenario (a) cases will be 75% of the cracked trial fee based on the offence class and PPE served at the time, plus any Defendant uplifts that apply;
(b) The interim fee paid for scenario (b) cases will be 50% of the cracked trial fee based on the offence class and PPE served at the time, plus any Defendant uplifts that apply;
(c) The interim fee paid for scenario (c) cases will be calculated on the basis of a trial length of one day, by reference to the offence class and PPE count (see paragraphs (13) and (14) of Regulation 17A for further details).
Hardship payments will continue to be claimable; however, any hardship payments made will be deducted from the interim payments.
2. Crown Court trial by election of the Defendant
For cases where a Defendant has elected a Crown Court trial, the elected case fixed fee will no longer apply if the trial cracks as a result of the Prosecution offering no evidence on all counts and the Judge directs that a not guilty verdict be entered. Instead the graduated fees scheme will apply. This applies to both the LGFS and the AGFS.