Hello on. Welcome to this bite size 20 minute at Webinar on behalf of Data Law on nine A is calling Beaumont. This webinar is all about the 2000 and 17 standard crime contract. It really consists of a series of 12 points at the discussion. So perhaps we could go to the first of the slides and get up the 1st 3 points. Number one. The contracts were signed, and they came into force on the first of April 2000 and 17. The contract documents are freely available on the legal aid, a legal aid agency website. Might I suggest that you go on to the website and that you download or whatever you do put on your tablet or your laptop or your smartphone, the two most important contract documents? I say this because you may have questions, which invariably will be answered by reading your contract. It's strange, isn't it that we lawyers signed this contract came into force First of April 2017. And yet when we have an issue or problem, our first thought is not necessarily well. Let's go to our contract and see what our contract says. I'm sure that's the advice we as lawyers that would give to a client if we do that, they had signed a contract. And yet, somewhat surprisingly, we don't seem to be able to take on board that advise to ourselves. Payments are governed by Started to Instrument 2000 and 16. Number 313 Again, I would suggest you go onto legislation doc up top UK on download That particular statutory instrument It came into force on the first of April 2000 and 16. We thought we might get a new statutory instrument when the new contracts came out on the first of April 2000 and 17. But we didn't, and we're still working from the payment rates as set out in that stack of the instrument trust. May that one statutory instrument will give you a lot off the payment rates for everything that you do under your contract. In terms of criminal legal aid. Apart from Crown Court Advocacy, Brown called had because he rates are detailed in three entirely different started re instruments. No, but it point to standard terms. Do Please, please have a little read off the standard terms. On occasion, you just might need a new answer to such questions as, well, what do I have to do to maintain my status as a supervisor? What is a supervisor? Well, it's defined in standard terms that on many other things under the contract, have definitions within the standing stones. I think a more important document understand it turns document, which less face it is A bit dry is the specifications in document. The Specifications document has 13 different sections on runs to 151 pages. The standard turns document contains 93 pagers. It has 30 clauses within it, but it went three. The Legal Aid Agency issued an important updated document on the 23rd of July 2000 and 18. Entitled Duty Solicitor Guidance. It consists of 15 pages again. Mike, I suggest, please that you go on to the Legal Aid Agency website on download that particular document, Section six at the Specifications document deals with duty solicitor contract work. Section nine deals with criminal investigations and tells you what you can and cannot do on be paid for trying to charge. Try to charge. You're either, of course, being paid our, you know, a fixed fee but doing police station work during the investigation. All your being paid on CRM one and two These are the two payment methods really for work that we do whilst the matter is still under investigation. Section 10 deals with criminal proceedings on will answer many of your questions that you may have in relation to what you can and cannot do in the Magistrates Court on what you will be paid for on what you won't be paid for in relation to work that you do in the Magistrates Court. I really, really, really recommend that you read Section nine Criminal investigations on Section 10 Criminal proceedings just May. If you read those two sections and nothing else that it's going to take you about half an hour, your knowledge will be increased immeasurably. You'll be able to answer the questions that most of your colleagues of floundering with. I get no end of e mails saying Colleen, where's the answer to this? Where's the answer to that? But most of the time my responses, it's in your contract. It's a duty solicitor question. The answer is liable to bay in Section six. If it's a police station question the answer is liable to be in Section nine. If it's a magistrate court question, including duty solicitor at the Magistrates Court, the answer is likely to bay in section 10 Point site. Section six gives you the guidance on the things that you need to do in order to maintain your status as a duty solicitor. I'm sure you don't need me to tell you the points there. In 0.6. You've got to do 36 court hearings and police station attendance is any rolling 12 month period. That's a toto or 36. You've got to do a minimum of 12 Magistrates Court hearings. You've got to do a minimum of 12 police station duties. You must also do no fewer than four police station duty slots per year allocated in your name. But the guidance tells us that it's okay if you do a swap with another person because they're not Do Jay is still allocated in your name, and you can count it as one of your form still dealing there with point in the phony the duty solicitor Guidance 2000 and 18 updated document clarify that which can and cannot be classified as coming within the 14 hours per week that you need to do 14 hours per week of contract work that you need to do in order to maintain your status as a duty solicitor. And I know that the 14 hours is quite onerous for some people, especially those people who were part time. It's not as if you could do it on a program to basis. You have to do 14 hours per week. You could be self employed as a duty solicitor. Your contract tells you that you have to be engaged by a firm not necessarily employed by the Fed. You may well be self employed. You may well work for a number off different burns, but and it's important. But you only bring duty slots. Whether their police station all Mac, you straight called 21 fire playing seven. It's important to know how many cases you have when you come to build them. Do you have one case? Do you have more than one case? The definition of a case is to be found in the standard terms document. In a nutshell. You have one case. If you're going toe, answer yes to one of these three questions. Firstly, where the matters all charged on the one occasion if they were. It's one case, secondly, where the matters founded on the same backs, even though they may have Bean charged on different occasions. If that's the case, you have one case when you come to bed finding a do the adventures or charges for part of a series of Spencer's. For example, a CIA ease of theft by way of shoplifting over weekend, a series off burglaries, a C V's all criminal damage years. It doesn't matter that they're charged on separate occasions. They may well form part of a series, and if they do, you bill it as one case. I'm not saying it's going to be a low bill. I'm not saying is going to be a see either one or two are not. Thing is not going to be a lower standard fee or highest, and if it might be a non standard fee on a C, I went seven might be quite a handsome be might be many, many thousands of pounds, but when you build it, you build it as one case, doing the work can be included within the 14 hours off contract work per week. So long as it is the type of work that would have bean covered under your contract, It may well being that he or she doesn't qualify for legal aid. You know that in the Magistrates court, it's an in out system, and if they don't qualify for legal aid, they either pay you privately all they go it alone. Well, of course, if he or she decides to instruct you privately, then so long as it's a matter that would have been covered by your contract, then of course, you can include that as part of your 14 hours or contract work per week. It may be reclined simply doesn't want to be bothered with filling in an application for legal aid on months to instruct you privately from the off. It's OK, so long as it's the type of work that would have been covered by your contract. You can count it as part of your 14 apus section. Nine of the specifications will answer most of your questions concerning whether or not you will be paid for the work that you do at the peace station. And let's be frank most of the time, it's going to be a fixed fee, the police station or it may be crm one and to work because it's not covered by the 60 scheme, an example of CRM one and to work going to the police station to advise a witness rather than a suspect. Well, they're not covered by the Bixby scheme, so that would be CRM one into hourly rates. Where would you find your only rates? Well, at the risk of repetition all of the rates for everything you do in criminally laid except the Crown Court Advocacy statutory instrument 313 of 2000 and 16 point tape court appointments he might be caught pointed to cross examine the complainant. Court appointments under Section 38 4 of the Youth Justice on Criminal Evidence Act 1999 may also be counted as part off your 14 hours contract work per week. Clown called Advocacy could now be counted as part of your 14 hours per week File reviews may well be accountable. That's part off your 14 hours per week, so long as they progress the case in some way. It's all in that updated duty solicitor Guidance Document 2000 and 18 which was published in July of 2000 and 18. Well worth a read. Whilst I'm on the subject of court appointments, you might want to one consider the leading case on court appointments. It is the case of Regina Aune Abbas, a double B, a double s Lady Justice Hallett, in that particular case said some interesting things in relation to court appointments. 0.11 para valves within section 10 of your specifications will inform you of those clients who are covered by the duty solicitor scheme and those planes who are not covered by the scheme. In particular, you need to be looking at paragraphs 10.7 10.8 on 10.9. I'm sure we know we in a way. You know that we're obliged to see people in the foyer who are there or imprison herbal offenses. Assuming, of course, they know at the benefit of the duty solicitor on a previous occasion. No, just because you're obliged to see these people in the four years are you necessarily obliged to go into court with them and give them advocacy assistance as well. Answer No says your contract that is a matter of the old judgment as to whether or not they require assistance from you in the foyer about the case and at because he assistance in court as well. It may be that someone has Bean referred to you by the legal by sir, and you'll pay her busy. It's a swell to know which clients are and are not covered. You would obviously politely decline to see a person who was no covered under the scheme. Have a look. Please section came 10.7 10.8 10.9 point 12 please re part 69 and 10 off the specifications in re the updated Duty Solicitor Guidance 2000 and 18 Document. Have a look at the 2000 and 17 standard crime contract. Standard terms. Have a look at statutory instrument three on three of 2000 and 60 in relation to your payment. Bates. You'd be amazed, but the number of people who really aren't even aware of the existence of these documents it won't take you very long to read them. And as I said earlier, if you do, you'll be the person in the firm who can answer the difficult questions that other people struggle with. He's just a couple first name. In what circumstances can you be paid more than one fee for dealing with the same client of the station? Answer. Your contract says, where one matter has concluded by way off, being charged or by way off, no further action or by way or being cautioned on. And another matter is continuing on. Do you go back with the client on that second occasion? In fact, I think I may be wrong there. Please do check. It may be that no further action is not a conclusion whereby if you go back with them on a second occasion, for another matter that you can have a second have a look at that. It is Section nine of the specifications. Another question that my July's is. Does it matter that the person has bean? Are you army rather than bailed? What by view for what it's worth is I don't think it does. What matters is that one matter has come to a conclusion. On another matter is continuing. If you go back with that guy for a second, attendance on you have a second reference number. There's a second thing. Well, there you are. And there you have a gosh. 20 minutes Goes very quickly, doesn't it? I do hope I be impressed upon you. The knee to have a read, please. Of these relatively short documents, they won't take you very long. This is going Beaumont saying thank you for listening to me watching this particular webinar. There are a number off bite sized 20 minute webinars on behalf of Data Law. And I look forward to your company again in the not too distant future.
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