Proceeds of crime work where legal aid granted at first instance

A grant of legal aid remains effective for Proceeds of Crime proceedings.  Therefore, if the Proceeds of Crime proceedings begin after the sentencing procedure is completed, and a different solicitor is involved, then the grant of legal aid can be transferred to that solicitor.  We have granted a number of transfer of agency requests on the basis that the original solicitor does not act in Proceeds of Crime proceedings – this would meet the “good reason” test.

When both elements of the case are happening at the same time:

• The grant of legal aid cannot be transferred because that would leave you without cover
• A single grant of legal aid is not available to two solicitors at the same time
• A separate grant of legal aid cannot be made to the second solicitor dealing with the Proceeds of Crime proceedings as these proceedings are part of the original case

The solution is for the solicitor acting in the Proceeds of Crime proceedings to act on an agency basis. You, as the solicitor initially instructed, may entrust the Proceeds of Crime work to another solicitor.

Single account rule

The “single account rule” means that the nominated solicitor is responsible for the submission of accounts to us.  All payments and any post assessment negotiations from the solicitor entrusted on the Proceeds of Crime proceedings require be made to the nominated solicitor.

Submitting the account

If the nominated solicitor submits a paper account, we are content to accept two separate paper accounts detailing the work done by both solicitors.

If an online account is submitted, this must include the work done by both solicitors. We cannot under any circumstances accept an account, which is in part paper and part online.