Press Release
LSC consults on proposed changes to Criminal Contract from October 2006
Wednesday 17 May 2006
The Legal Services Commission (LSC) has today launched a consultation on the changes it proposes to make to the General Criminal Contract in October 2006. Consultation on the proposed changes will run until 26 June 2006.
A number of the proposed changes to the Contract are in response to the implementation of the Criminal Defence Service (CDS) Act in Magistrates’ Courts on 2 October 2006, which will reintroduce means testing.
To complement the introduction of means testing in the Magistrates’ Court, the LSC intends to implement an Early Cover scheme. The Early Cover scheme will provide funding for a defendant’s first hearing if they are awaiting a decision on their application for a Representation Order. Advice from a defendant's own solicitor at the first hearing can be a crucial factor in the effectiveness of the hearing. The solicitor can ensure the defendant receives the correct advice on their plea and mode of trial.
The LSC proposes to pay solicitors a flat fee of £75.00 under the Early Cover scheme when:
- A properly completed application for Representation has, with the help of the solicitor, been submitted and received by the representation authority, within two working days of the client being charged;
- No decision on that application has been made before 9.00am on the day of the first hearing;
- The first hearing advances the case and any adjournment is justified;
- The eventual decision is that the case passes the merits test but the defendant does not pass the means test.
Derek Hill, Director of the CDS at the LSC, said: “The Government and LSC have made clear, during the development of the means testing policy, their commitment to ensuring the provision of effective legal advice at the earliest possible stage of criminal proceedings.
“The current provisions in the Contract ensure that urgent work performed for a defendant who is later granted a Representation Order can be claimed under that Order, and that some work (capped at the equivalent of one hour's preparation) can be claimed where an application for a Representation Order is refused. The court duty solicitor is also available for eligible defendants who have not secured the services of a solicitor in time for the first hearing.
“The LSC considers that these provisions will adequately provide for the majority of defendants. However, we are keen to ensure that defendants can use their own solicitor for the first hearing if they are still awaiting a decision on their application for a Representation Order. In practical terms, this means there should be some guarantee, for the solicitor, that the services they provide will be paid for.”
Other proposed changes to the Contract include: the withdrawal of Advocacy Assistance for ‘prescribed’ proceedings in the Magistrates' Courts (e.g. proceedings relating to anti-social behaviour orders, closure orders, football banning orders, various types of parenting order and orders under the Sexual Offences Act 2003) - it is proposed that these proceedings will instead be funded under a Representation Order; clarification of the remuneration arrangements that apply when a Representation Order is transferred from one firm to another; and allowing former solicitors holding the Police Station Qualification to be treated as accredited.
The consultation paper on the proposed changes to the General Criminal Contract from October 2006 can be found on the LSC’s website at www.legalservices.gov.uk/criminal/docs_for_consultation/criminal.asp.
Media information
Richard Shand Tel: 020 7759 0491
Notes to editors
1. ‘Prescribed’ proceedings are those which are classed as 'civil' for most purposes, but can be classed as 'criminal' for legal aid purposes, allowing eligible individuals who are the subject of such proceedings to instruct Criminal Defence Service suppliers to represent them.
2. The Department for Constitutional Affairs (DCA) is currently consulting on the draft regulations for the Criminal Defence Service Act 2006. This consultation closes on 5 June 2006. The relevant documents can be found on the DCA’s website at www.dca.gov.uk/consult/crimdefregs/cpl0606.htm.
Last updated: 28 December 2006