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Criminal legal aid: MoJ proposes pre-charge engagement fee

In a consultation published today, the Ministry of Justice proposes a new unit of work for advice and assistance associated with pre-charge engagement. Work undertaken by defence lawyers in relation to pre-charge engagement is not currently remunerated separately through the fee schemes. The consultation – which ends on Monday 25 January – says defence practitioners will be paid where it has been agreed between the relevant parties that pre-charge engagement may assist the investigation and a full written record of the discussions is made by the defence. It proposes that the work is not means tested and is paid at the same rate as the current Police Station Advice and Assistance rates (£51.28 in London, £47.45 outside London). It also proposes an upper limit of £273.75 as ‘the volume of work associated with pre-charge engagement is unclear’.

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