Proceedings in relation to which legal aid is only available by virtue of section 22(1)(a) of the Act (identification parades held by or on behalf of the prosecutor in contemplation of criminal proceedings).
The reference to only in this paragraph, and also at paragraphs (c), (d), (e) and (k) below, is crucial.
If legal aid was only available by way of automatic criminal legal aid under this provision, it is separately chargeable in a detailed account.
If not, and other work was undertaken in connection with the proceedings under a summary criminal legal aid or ABWOR certificate, the work shall form part of the fixed payments chargeable to the case.
It is no longer “excluded” in terms of regulation 2. You cannot mix detailed fees with fixed payments in terms of the 1986 Act.
In these particular circumstances, if you have to attend at an identification parade and there is no further procedure that leads to a fixed payment under ABWOR or summary legal aid, you can lodge a detailed account at the fee rates set out in regulation 5(b) of the criminal fees regulations.
On the other hand, if the case proceeds to work chargeable under fixed payments, this work shall be included within the fixed payments and is not separately chargeable.
The exception to the rule is where we have determined, applying the criteria prescribed at regulation 4A of the fixed payment criteria, that this is an exceptional case.
In these circumstances, the work still forms part of the relevant summary legal aid or ABWOR, but the case itself is chargeable on a detailed basis. The work carried out under automatic legal aid can be included in your account.