Bar on mixing fixed payments and detailed fees

Where you provide criminal legal assistance, whether summary criminal legal aid or ABWOR, where a fixed payment has been prescribed, you are not entitled to any other payment out of the Fund in respect of your fees and outlays included in the fixed payment (listed at regulation 4(2) of the regulations), except in the following circumstances, all in circumstances where excluded proceedings take place beyond the summary court proceedings, and are chargeable in addition

  • any reference in connection with proceedings under Article 234 of the EEC Treaty
  • any reference (as distinct from an appeal) on a devolution issue under paragraph 9, Schedule 6 to the Scotland Act 1998
  • proceedings under section 5 of the International Criminal Court Act 2001; and
  • proceedings in an appeal to the High Court under section 174(1) of the 1995 Act

In practice, only proceedings under section 174 are likely to arise in the course of a case.

You are entitled to reimbursement of any other outlays properly incurred.

The fixed payments schedules
Breach of bail etc. proceedings

In this section

Introduction to summary criminal fixed payments

What are fixed payments?

Find out what fixed payment are and how they apply to criminal legal aid.

Introduction to summary criminal fixed payments

Proceedings to which fixed payments apply

Learn about what kinds of cases fixed payments apply to.

Introduction to summary criminal fixed payments

Proceedings to which fixed payments do not apply

Find out the cases fixed payments do not apply to.

Introduction to summary criminal fixed payments

The fixed payments schedules

Find out the fixed payments schedule that applies to the criminal legal aid work you are doing.

Introduction to summary criminal fixed payments

Breach of bail etc. proceedings

Find out about payments for breach of bail cases and proceedings.

Introduction to summary criminal fixed payments

Proceedings covered by fixed payments (the “single matter”)

Find out the proceedings covered by the summary legal aid and ABWOR fixed payments

Introduction to summary criminal fixed payments

Acting for more than one accused person in the proceedings

Find out the proportion of fixed payments you are entitled when representing more than one client in a trial.

Introduction to summary criminal fixed payments

Proceedings arising out of the same incident

Learn about the definition of these proceedings and possible additions to the fixed payment.

Introduction to summary criminal fixed payments

Single payment in a summary criminal case

Learn about the when a single payment is applicable in summary cases and when A&A or ABWOR is subsumed into this.