Fixed payments do not apply to
- excluded proceedings
- automatic criminal legal aid where no other cover is available
- summary legal aid or ABWOR cases in which exceptional case status is granted
- miscellaneous ABWOR – for example, removal of a disqualification under regulation 3(g), (h), (i), (n), (r) and (t) of the ABWOR regulations
- post-conviction proceedings under the 1995 Act, for example breach of probation, DTTO, community payback order under regulation 4 of the ABWOR regulations, and
- proceeds of crime, where the client is other than an accused person under regulation 5 of the ABWOR regulations.
The exceptions are chargeable on a detailed basis applying either
- Schedule 1, Part I of the criminal fees regulations where summary criminal legal aid has been available, or
- Schedule 3, Part I of the advice and assistance regulations where ABWOR has been made available.
