Single grant under fixed payment ABWOR in summary criminal proceedings

Proceedings prescribed from time to time, currently proceedings under sections 22, 22ZA (1)(A), 27(1)(a), 28 and 150(8) of the 1995 Act, form part of the “proceedings” for which the prescribed fixed payments are chargeable [Fixed Payments Regulations, regulation 4(3)(b)].

In the event that a separate complaint is served in respect of any of these matters in the context of any substantive summary proceedings where relevant ABWOR (or summary criminal legal aid) is or becomes available, it is to be included within the one ABWOR (or criminal) certificate, and is chargeable by way of the core fixed payment or case disposal fee for that case. Your client is not entitled to provide further ABWOR (or apply for a summary criminal legal aid certificate).

A half-fee is payable for certain breach of bail proceedings under sections 22ZA (1) (b), 22ZB or 27(1) (b) of the 1995 Act.

Failure to appear

Where an accused fails to appear at a diet of which they have been given due notice and they already have ABWOR for the proceedings, any further proceedings arising out of the failure to appear again form part of the single grant of ABWOR [regulation 4(3)(b)].  A complaint arising from the failure to appear is in exactly the same category as a complaint which arises out of the same incident. It is not competent to provide separate ABWOR, which would not be separately chargeable, or apply for further criminal legal aid.

Bail proceedings

Inclusion with the substantive certificate, subject to the half-fee provision for certain breach proceedings, also applies to any appearance before a court on the first day following an arrest without warrant of an accused who has been released on bail where the constable has reasonable grounds for suspecting that the accused has breached, is breaching, or is likely to breach any condition imposed on his bail [section 28 of the 1995 Act]. Again all work in connection with such proceedings, arising out of a complaint or complaints where ABWOR is being provided in the substantive proceedings is included within the substantive grant.

The “single grant” provisions affecting certain breach of bail and failure to appear proceedings apply across fixed payments criminal legal aid and ABWOR, for example

• You are already providing criminal legal aid and would have provided ABWOR for the failure to appear proceedings.
• You were providing ABWOR but wish to tender a plea of not guilty in respect of the failure to appear proceedings, say for non-attendance at a deferred sentence hearing.

Under the single grant you will only be entitled to one core fixed payment or case disposal fee but additional “add-on” fixed payments are chargeable for attendances at trial, deferred sentences, etc. If you have to proceed to trial, separately, in connection with the principal charges and also the failure to appear complaint, both trials lasting one day, you are entitled to charge at the “first day” level for the first trial and the “second day” level for the second trial.

You cannot grant advice and assistance for the any breach of bail or failure to appear proceedings if you are already providing legal aid.