Criminal Solicitor Dot Net RSS Office Business Forum Feed

Logging Cases with the DSCC

Sat, 05 Jul 2008 08:55:41 GMT

The Legal Services Commission has issued guidance when cases referred through third parties should be logged with the Defence Solicitor Call Centre:

We’ve been asked for clarification on payment for police station attendance when the solicitor is instructed by the client’s family or directly by the client rather than via the Defence Solicitor Call Centre (DSCC).

Under the General Criminal Contract you may only claim payment for work where instructions have been received from the DSCC:

‘You may not make any Claim for payment for Police Station Advice and Assistance given to a Client in relation to whom you have received your instructions directly, rather than through the DSCC, and any work carried out on this basis is not Contract Work.’ (Part B 3.2.2)

Exceptions

There are only two exceptions to this rule:

Where a client attends the police station by prior agreement with the police and asks you to represent him or her. The DSCC must be informed within 48 hours. (Part B 3.2.2) This includes attendance at bailbacks if that’s the first time you’ve acted for the client in the investigation.

Where your instructions come from a member of the client’s immediate family (ie, spouse, partner, parent, child or sibling) or third party of similar status. In this case you may provide Police Station Telephone Advice and Police Station Attendance and claim a Police Station Telephone Advice Fixed Fee or Police Station Advice and Assistance Fixed Fee, as if your instructions had been received from the DSCC. However, you must report the Matter by phone to the DSCC before phoning or attending the client. (Part B 3.2.3)

Work that you have to report to the DSCC within 48 hours will not be claimable if the DSCC is not informed within that time. 48 hours is the maximum time limit and does not mean “two working days”.

These are the only circumstances where you must inform the DSCC that you’ve attended or are about to attend a client to provide advice and assistance.

If you’ve already received instructions from the DSCC (or have already informed the DSCC that you’re to attend the police station) and the circumstances of the investigation change so that more than one fixed fee will be claimable, you don’t have to inform the DSCC again.

To see the ful text of this guidance follow this link.

New CDS6 from July (vat changes)

Fri, 04 Jul 2008 14:29:34 GMT

CDS news

Important changes to claims for criminal cases from 1 July

04 July 2008

VAT and cost of travel explained

From 1 July 2008 we’ve made two important changes to the way that providers claim for criminal cases.

VAT

To bring crime in line with civil reporting, and to allow for cases and firms not eligible for VAT, from the July submission onwards (i.e. claimed during early August) all figures included on your CDS6 (whether online, bulk-load or paper submission) should be reported exclusive of VAT.

Each line will then include a new VAT indicator field where the firm can indicate (by entering ‘Y’ or ‘N’) whether or not they're eligible to claim VAT and if the case in question attracts VAT.

Where appropriate we’ll add VAT to the value of the claim. There's also a second extra field where the value of VAT being claimed on disbursements can be stipulated (allowing flexibility for the fact that not all disbursements attract VAT).

A revised version of the CDS6 form is under CDS Forms. You should use the new CDS6 (version 7 July 2008) for all cases completed from 1 July 2008.

Claims for non-standard fee work aren't affected, as the CDS7 claim form already allows for this breakdown.

Cost of travel

In a further change to crime reporting, from 14 July 2008 (when the Unified Contract (Crime) July 2008 becomes effective) there will be no contractual requirement to report the cost of travel for police station fixed fee or magistrates’ court standard fee claims. The requirement to report the cost of waiting remains.

Where you're claiming an exceptional case fee for police station work, however, you may still include these costs in your calculation to determine whether the relevant threshold is exceeded.

Important note – If you’re submitting your CDS6 through the bulkload or online you need to enter £0 in the appropriate field to prevent the line being rejected by our system.

Further information

For further information regarding either of the above changes, please see the revised CDS6 guidance document under CDS Forms or contact your Account Manager.

Where Is Ron Barker

Thu, 03 Jul 2008 12:46:32 GMT

I am seeing a lot of posts on here today that Ron would have fielded by now. Seems a bit empty without his long and detailed answers to everything. Does anyone know him well enough to know if this is pause for breath and calm reflection or is he gone, gone never coming back?

Expert on dangerousness

Thu, 03 Jul 2008 11:35:44 GMT

Does anyone know, or has anyone used, an expert who can give an independent view on this question for sentence?

Our Psychiatrist can assist but, if one exists, a further report may assist.

Views or recommendations welcome.

Thanks

Duty Rotas

Thu, 03 Jul 2008 07:45:14 GMT

I know there was a deadline for Duty Solcitors to register beforehand to go on the last rota. Is there a new date for the CDS12 form for rotas starting in January and when is it?

Transfer from Duty to Own solicitor

Wed, 02 Jul 2008 11:01:02 GMT

I recently represented a chap in the wee small hours as duty solicitor because his chosen solicitor (who has acted for him for years) was unavailable at the time. It was a serious allegation and he needed advice there and then. He was eventually sectioned without being interviewed. I claimed my payment for the time I spent at the station.

However the police have heard he is about to be released and they wish to interview him. He has contacted his own solicitor who wishes to attend the interview. That is also the clients wish.

I am firmly of the view (as much as I hate turning down work) that his interests are better served by his own solicitor who knows him and with whom he has a rapport.

The guidance says:

Where a client receives first advice from the duty solicitor rather than his chosen representative either because of administrative error on the part of DSCC / LSC or because the duty solicitor and own solicitor received simultaneous instructions from different parties this will constitute "reasonable cause to transfer".

Can anyone confirm that his own solicitor will get paid if he does the forthcoming interview - or do I have to continue to act despite the client's clear wishes and interests?

Thanks

Agency Work in Lancs, Manch. and Cheshire

Wed, 02 Jul 2008 09:49:19 GMT

I live in Lancashire and am willing and able to provide an agency service to firms in Lancashire, Greater Manchester and Cheshire, even Liverpool, and possibly some parts of West Yorkshire.

I am looking to act as an agent for Police Station and Magistrates Court matters including of course trials.

I have no pricing structure firmly in place as this is still in it's infancy. However reading some of the posts on here, I get some sort of an idea.

50% of the fixed fee for a police station matter from cradle to grave, plus mileage for all attendances.

50% of the legal aid rate for court attendances???? Plus obviously mileage

First of all I'd like to see if there is any interest out there for this service, and reading other posts, I know I will get some guidance from all of you regarding pricing.

Duty Qualified Solicitor Seeks Job

Wed, 02 Jul 2008 08:32:32 GMT

I am a four and a half years post qualified Criminal Solicitor. I am duty qualified and am currently seeking employment. I live in Lancashire and would preferably like to stay in the Northwest, but would consider re-location for the right opportunity.

If anyone interested PM me.

Imran

Firearms forensic expert

Thu, 01 Jul 2008 05:44:28 GMT

Can anyone reccomend a good firearms forensic expert ?

Criminal defence solicitor seeks job

Mon, 30 Jun 2008 16:44:28 GMT

in the West Midlands (pref: central West Midlands, but surrounding areas will be considered). Is police station accredited. If you require any more information, please PM. Thanks.
bench39629.6981365741

June 2008 CPD Questions

Mon, 30 Jun 2008 02:14:07 GMT

The June 2008 CPD questions are now available.

To take part in the free Criminal Solicitor Dot Net CPD scheme follow this link.

Section 5 Public Order Act 1986

Sat, 28 Jun 2008 15:07:11 GMT

Arrested for filming a police officer

Nearly arrested for filming in the street

Peer Review Results 2005 to 2008

Fri, 27 Jun 2008 14:35:08 GMT

The Legal Services Commission has published the results of all peer reviews carried out between 2005 and June 2008.

To download a copy of the full document follow this link.

Judicial Salaries for 2008 to 2009

Fri, 27 Jun 2008 14:25:24 GMT

The Ministry of Justice has published a table setting out judicial salaries and fees for 2008 to 2009.

To download the judicial salaries and fees table follow this link.

Bail application pending appeal

Thu, 26 Jun 2008 17:30:28 GMT

Scenario:

Case before the Mags Ct, client sentenced to custody and bail application pending appeal refused.

A few days later a bail application made before the Crown Court - successful.

A week later, bail varied before the Crown Court & appeal listed for mention.

Would the bail applications before the Crown Court come within the scope of the Mags Ct rep order (advice & assistance regarding the making of an appeal), not certain whether Rep Order granted for the appeal - if it is, will the bail apps be swallowed up within LGFS.

I have searched everywhere & cannot find any regulations for this - I assume it is quite unusual, I have never come across it before.

Cheers.