Attendance at interviews conducted by other organisations

The new regulations includes a list of other agencies and their officers which are to be treated as equivalent to police officers for the purposes of the regulations. The effect of this is that the new “police station” fees arrangements apply in relation to relevant procedure undertaken by:

  • Railway and Transport Police
  • Officers appointed under the Energy Act 2004 (Civil Nuclear Police Authority or Constabulary)
  • Ministry of Defence Police
  • Immigration officers
  • Customs officials
  • Revenue and Customs officers (HMRC)

Legal advice and attendances at interviews conducted by any of these officers can be provided under the new advice and assistance system at the new fee rates. If the interviews take place at a Scottish Police station, a Police Scotland National Custody System Unique Reference Number will be allocated once the client is booked in at the station, and you still need to enter this on your advice and assistance claim. If the interview takes place at any other location, you need to tell us of this and add the name and address of the facility.

DWP interviews

The prescribed list does not include officials authorised under section 109A-C of the Social Security Administration Act 1992, and so does not include any interviews conducted by Department of Work and Pensions officials. Attendance at DWP interviews cannot be claimed under the new system at the new fee rates. These attendances need to be covered by the existing “old style” advice and assistance, with the client signing the usual online declaration form, and being assessed for financial eligibility and/or a contribution.  ayment for these cases is made at the standard criminal A&A rates. Increases in expenditure to cover any attendances at these interviews still need to be made in advance of the attendance.

This also applies to any interviews conducted by any other agencies not listed above, such as the Health and Safety Executive or local authorities. Standard advice and assistance can be provided, but not under the new police station scheme.

If you have additional queries not addressed here, please contact: Kingsley Thomas, Head of Criminal Legal Assistance, E: thomaski@slab.org.uk