CDS News

We’ve been asked for clarification on payment for police station attendance when the solicitor is instructed by the client’s family or directly by the client rather than via the Defence Solicitor Call Centre (DSCC).

Under the General Criminal Contract you may only claim payment for work where instructions have been received from the DSCC:

‘You may not make any Claim for payment for Police Station Advice and Assistance given to a Client in relation to whom you have received your instructions directly, rather than through the DSCC, and any work carried out on this basis is not Contract Work.’ (Part B 3.2.2)

Exceptions

There are only two exceptions to this rule:

1. Where a client attends the police station by prior agreement with the police and asks you to represent him or her. The DSCC must be informed within 48 hours. (Part B 3.2.2) This includes attendance at bailbacks if that’s the first time you’ve acted for the client in the investigation.
2. Where your instructions come from a member of the client’s immediate family (ie, spouse, partner, parent, child or sibling) or third party of similar status. In this case you may provide Police Station Telephone Advice and Police Station Attendance and claim a Police Station Telephone Advice Fixed Fee or Police Station Advice and Assistance Fixed Fee, as if your instructions had been received from the DSCC. However, you must report the Matter by phone to the DSCC before phoning or attending the client. (Part B 3.2.3)

Work that you have to report to the DSCC within 48 hours will not be claimable if the DSCC is not informed within that time. 48 hours is the maximum time limit and does not mean “two working days”.

These are the only circumstances where you must inform the DSCC that you’ve attended or are about to attend a client to provide advice and assistance.

If you’ve already received instructions from the DSCC (or have already informed the DSCC that you’re to attend the police station) and the circumstances of the investigation change so that more than one fixed fee will be claimable, you don’t have to inform the DSCC again.

Contact information

The DSCC can be contacted by telephone, fax or email.

Phone: 08457 500 640

Fax: 020 8763 3191

Email: casereferrals.dscc@firstassist.co.uk