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.

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