Representation in proceedings in relation to breach of an injunction under part 1 of the anti-social behaviour crime and policing act 2014 (ASBCPA)
Crime Providers
Where the core costs do not exceed the Lower or Higher Standard Fee Limits described below, please submit your claim for payment on your monthly submission using the Claim Code PROV, Matter Type 36 and Court Code CCHC. These matters should not require a MAAT Number when billed in this manner.
Where the core costs exceed the Higher Limit please submit a CRM7 using the Claim Code PROV.
Please note where Assigned Counsel has been instructed, these are considered automatic non-standard claims and should therefore be submitted on a CRM7 regardless of costs. Where Assigned Counsel has been instructed, Counsels fees must be submitted with the Instructing Solicitors claim and we require a complete CRM8 and Note of Taxation from Counsel.
Assigned Counsel Rates can be claimed at £70 per hour for attendances, preparation and advocacy under the Standard Crime Contract Part B 10.108.
Please note that where the case is in the County Court, High Court or Crown Court, Counsel will be automatically assigned however where the case is in the Youth Court or Magistrates Court, Counsel in these cases will be unassigned as per 10.136-10.139 of the Standard Crime Contract Part B.
Once the matter is finished, please submit your claim for costs via your monthly submission or complete a CRM7 and send this, with your full file of papers to the Criminal Finance Team within the Nottingham Legal Aid Agency Office.
Legal Aid Agency, Fothergill House, 16 King Street NG1 2AS
Legal Aid Agency, DX 10035, Nottingham 1
Prior Authority
Prior Authority can be claimed by way of a letter to The National Crime Team at the above address or via email to Nottingham.NCT@ Legalaid.gsi.gov.uk.
Please ensure the letter or email is clearly marked as a contempt matter. You should include the clients CNTP number and details of the expert to be instructed along with the quote for the work to be done.
Further Breaches for Crime Providers
Where further breaches arise, Representation Orders will be amended accordingly. Any request for an amendment must be made by email to the National Crime Team in Nottingham, and be accompanied by evidence of the further alleged breach proceedings.
Please note that in accordance with the Criminal Bills Assessment Manual 6.6.6: A breach of a community penalty or other court order (including the breach of an ASBO) is a Criminal offence but should not generate a separate standard fee if the defendant is before the court for other reasons, irrespective of whether there is a link between the proceedings.
Reference should be made to Part B, 10.69, of the SCC Specification.
These should be submitted as a Supplemental claim. If previously submitted on a CRM6/monthly submission, please recalculate the claim from the beginning of the case. Consequently where this exceeds the Higher Standard Fee limit, the first claim must be recouped from the monthly submission by emailing PA-ClaimAmend@legalaid.gsi.gov.uk and a new CRM7 covering all work submitted.
If previously submitted on a CRM7, a supplemental CRM7 will be required for any further work undertaken. This must be submitted with the previous CRM7 and the full file of papers.
Further Breaches for Civil Providers
Where further breaches arise, Representation Orders will be amended accordingly. Any request for an amendment must be made by email to the National Crime Team in Nottingham, and be accompanied by evidence of the further alleged breach proceedings.
These should be submitted as a Supplemental claims. As civil providers do not have the means to recoup previous payments, please note that all supplemental bills should be claimed on an additional CRMClaim11.
Please submit the supplemental CRMClaim11 along with any previous CRMClaim11s and the full file of papers. Payment will then be made and assessed in accordance with any previous claims granted.
Civil Providers with an Individual Case Contract
The form required when the matter is concluded is a CRMClaim11. Please note that where Assigned Counsel has been instructed, Counsels fees must be submitted with the Instructing Solicitors claim and we require a complete CRM8 and Note of Taxation from Counsel.
Assigned Counsel Rates can be claimed at £70 per hour for attendances, preparation and advocacy under the Standard Crime Contract Part B 10.108.
Please note the Lower and Higher Standard Fee Limits below and be aware that when submitting claims that fall within these limits, fixed fees will be paid. Where claims exceed the higher limit, the hourly rate will be applied when assessing the work completed.
Please note that where the case is in the County Court, High Court or Crown Court, Counsel will be automatically assigned however where the case is in the Youth Court or Magistrates Court, Counsel in these cases will be unassigned as per 10.136-10.139 of the Standard Crime Contract Part B.
Once the matter is finished, please complete a CRMClaim11 and send this, with your full file of papers to the Criminal Finance Team within the Nottingham Legal Aid Agency Office.
Legal Aid Agency, Fothergill House, 16 King Street NG1 2AS
Legal Aid Agency, DX 10035, Nottingham 1
All billing enquiries in relation to Contempt Proceedings should be sent to ACLS.Contempt@legalaid.gsi.gov.uk, alternatively please contact the Criminal Finance Team on 0115 852 6000
Representation orders dated on or after 23rd March 2014 and after the 1st of April 2016
Crime providers have to apply for a Representation Order in the usual way (CRM14 and CRM15).
Representation in breach proceedings will be paid in accordance with the rates set out Criminal Legal Aid (Remuneration) Regulations (as amended) 2013. The table in schedule 4 at paragraph 5A sets out the relevant rates.
| Lower Fee (£) | Lower Fee Limit (£) | Higher Fee (£) | Higher Fee Limit (£) | |
| Uncontested | 158.27 | 272.34 | 380.70 | 471.85 |
| Contested | 279.45 | 467.84 | 640.94 | 779.84 |
Hourly rates are the same as the current rates for Crime
Travel and Waiting £24.00
Routine letters and calls £3.56
Attendance and Preparation £45.35
Advocacy £56.89
Attendance at court behind assigned counsel £31.03
Representation orders dated on or after 1st July 2015 and
until the 31st of March 2016
| Lower Fee (£) | Lower Fee Limit (£) | Higher Fee (£) | Higher Fee Limit (£) | |
| Uncontested | 143.10 | 246.22 | 344.19 | 426.61 |
| Contested | 252.66 | 422.98 | 579.48 | 704.88 |
Hourly rates are the same as the current rates for Crime
Travel and Waiting £21.70
Routine letters and calls £3.22
Attendance and Preparation £41.00
Advocacy £51.44
Attendance at court behind assigned counsel £28.05
For these type of proceedings travel and waiting is payable irrespective of where the solicitors are based or the where the court is.