Guidance on fees and funding

On this page:

Integrated Criminal Bills Assessment Manual
Appeals Manual 2006
Funding applications for warrants for further detention
Recovery of Defence Costs Orders (RDCOs)
Anti-Social Behaviour Orders (ASBOs)
Associated CLS Funding: Proceeds of Crime Act 2002
Changes to arrangements for prison disciplinary hearings
Proceeds of Crime
CDS5 guidance

Integrated Criminal Bills Assessment Manual

A revision marked copy of the Integrated Criminal Bills Assessment Manual is under Documents.

We are currently in the process of updating the Manual to reflect the change from the General Criminal Contract to the Unified Contract (Crime), and other minor updates to guidance and office locations since the last revision in Jan 08.

A new version of the Manual will be published in time for the start of the new Crime contracts in July 2010 and will include any changes made by the July 2010 contract.

Please use the clause-by-clause tracker to find the corresponding clause within the current Unified Contract (Crime).

Appeals Manual 2006

The Appeals Manual (under Documents) replaced the Review Panel Members Handbook and supports changes to our appeals procedures from 9 October 2006.

Funding applications for warrants for further detention

Section 23 of The Terrorism Act 2006 came into force on 25 July 2006. This extends the maximum time suspects can be detained before being charged from 14 to 28 days.

Advocacy Assistance within the Criminal Investigations Class should be used to fund applications that take the period of detention beyond 14 days.

Recovery of Defence Costs Orders (RDCOs)

This scheme is an arrangement to collect legal aid costs incurred representing any individual who appears in criminal proceedings before any court other than the magistrates’ court.

It applies to all proceedings other than committals for sentence and appeals against sentence.

RDCOs are governed by Section 17 of the Access to Justice Act 1999. The regulations setting out how the scheme will operate are the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001 (as amended).

Anti-Social Behaviour Orders (ASBOs)

Anti-Social Behaviour Orders (ASBOs) were introduced by Part 1 of the Crime and Disorder Act 1989.

Guidance setting out the legal aid position is under Documents.

Associated CLS Funding: Proceeds of Crime Act 2002

This is a major piece of legislation concerning the confiscation and recovery of criminal assets.

As well as consolidating and developing the criminal law, the Act establishes new civil procedures in the courts for which CLS funding is available.

Guidance is under Documents.

Changes to Funding for Parole Board Hearings

Following the introduction of the new Parole Board rules in 2009, Parole Board cases will no longer automatically be Advocacy Assistance. A Parole Board case should start as Advice and Assistance and all work to prepare written representations should be undertaken at Advice and Assistance Rates.

The matter should only move to Advocacy Assistance rates if the Parole Board have granted an Oral Hearing, at which point the client should be asked to sign a CDS3 and the whole matter moves to Advocacy Assistance Rates.

New Guidance on Prison Law funding and related Advice/Advocacy work on CDS5s is currently being prepared and will be published in due course.

Proceeds of Crime

Guidance on funding work related to Proceeds of Crime Applications, Confiscation Proceedings, Certificates of Inadequacy and Enforcement Proceedings relating to POCA can be found under Documents.

CDS5 Guidance

Updated guidance used by caseworkers for processing CDS5 Applications for Extensions of the Upper Limit. This guidance has been published following external consultation and review.

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Last updated: 07 April 2010