Criminal Procedure Act and Legal Aid – new fees and other changes

2 Webinar overview Terminology changes The fixed fee schedules Invoicing Amendments to Grant Other changes Your questions

3 Criminal Provider Approval Levels New Terminology of Provider Approvals Out is terminology of Proceedings Categories (PCs) In is terminology of Criminal Provider Approval Levels (PALs) Almost direct equivalence between Current PCs and new PALs For Legal Aid – Summary jurisdiction become Police Prosecutions – Indictable jurisdiction become Crown Prosecutions

4 Impacts on existing approvals No need to go through another re-approval Qualified to undertake the same kind of work after 1 July that you are now Same type of cases covered by assignment policies – PAL 1 & 2 rotational, except where client absconds – PAL 3 & 4 preferred lawyer Fixed fee schedules apply to same type of cases Complex and High Cost Cases framework continues to operate

Fixed fee scheduleCase type and maximum penaltyOffence Category Minimum required Criminal Provider Approval Level (PAL) Crown / Police prosecutions A Judge alone, non-imprisonmentOC1PAL1Police prosecutions A Judge alone, less than 2 years imprisonment OC2PAL1Police prosecutions B-C Judge alone, 2 years to 10 yearsOC3PAL1Police prosecutions D Judge alone or Jury trial elected, 2 to 10 years OC3PAL2Crown prosecutions E Judge alone or Jury trial, all cases 10+ years except schedule F OC3PAL3Crown prosecutions F Judge alone or Jury trial, life / liable for preventive detention/final warning 3 rd strike OC3PAL4Crown prosecutions F Judge alone or Jury trial, life / Sch. 1 Criminal Procedure Act OC4PAL4Crown prosecutions G High Court appeals for sentence and conviction N/ASame as substantive matter N/A H Appeals to the Court of AppealN/APAL4N/A I Appeals to the Supreme CourtN/APAL4N/A J Parole mattersN/APAL2N/A Fee schedules, Case Types, OCs and PALs … 5

6 Applications for Legal Aid No major changes to the process of applying for Legal Aid nor eligibility changes – Application form 1a for Police Prosecutions – Application form 1 for Crown Prosecutions – Charges filed, on or after 1 July – New defendant consent related to disclosure

7 New criminal fixed fee schedules Ch ange to structure of Schedules A – F – Better aligned to stages of criminal procedure – Payments linked to stages – Not cover multiple stages of procedure When invoicing – Claim fee for the stage completed, or – Claim fee for the stage if significant work done – Client absconds, significant work would have been done

8 New Invoice forms

9 Case Management Memorandum(CMM) New fee for additional work to complete and file the CMM Obligation on the Defence to file CMM on time – Five working days before Case Review event (Rule 4.6) – Payment withheld if task not completed as required – Evidence not required, one activity Legal Services will check if claimed

10 Polling Question What is the Case Management Memorandum fee for? A) For attending Case Review hearing before a Judge B) For completing and filing on time the Case Management Memorandum C) For initial discussions about charges with the Prosecution

11 Other new fees Required by the Act and supportive of the Act – Pre-trial admissibility hearing fee – Trial Call-over Memorandum – Second opposed bail application/variation Increase to the base fees for office disbursements – cover additional costs associated with electronic disclosure – Can seek amendments

12 Appeals District and High Court interlocutory appeals – Fees for interlocutory appeals included in schedules A- F – No longer need a new grant of aid High Court Appeals – Schedule G covers Grounds of appeal, appeals against conviction and sentencing – Hearing time paid at the rate of the substantive matter – Requires same approval level as for the substantive matter

13 Invoicing additional fees, interlocutory appeals (1)

14 Invoicing additional fees, interlocutory appeals (2)

15 Second opposed bail/variation fee New second opposed bail/variation fee – Change of circumstances outside Providers control – Second Fee covers all subsequent opposed bail/variation fees – Amend when the fee has already been claimed, where significant additional funding is required

16 Changes -amendment to grant Significant changes to criteria for amending the grant and supporting policies – Better recognise where significant additional work is required, such that fixed fee or payment is not adequate to remunerate for this. Changes in force from Monday, 24 June Importance of working together to ensure we pay you appropriately

17 New Special circumstances criteria Commissioner may amend the base fee where significant additional work required. He has listed the following – Two or more case-specific criteria – One or more client-specific criteria – SPECIAL CIRCUMSTANCES Example: A case has 200 pages of disclosure, four witnesses and four charges to be defended. Despite the case not meeting the listed amendment criteria, these factors mean that the case will required significant additional preparation time for trial Apply using Form 28, amendment to grant

18 Special Circumstances continued Special circumstances also apply where the fee already claimed – Significant additional work required beyond the providers control, such that the fixed fee or payment is not adequate for this Example : The Provider has claimed the fee for Trial. The Crown adds several charges to the matter that is soon to be heard before the Judge and jury. There is now further disclosure to be reviewed and significant additional preparation required prior to the trial. A further amendment may be claimed for the additional preparation time, even though the related fee has already been claimed and paid

19 Polling question What do I need to demonstrate when claiming a fee under Special Circumstances? A) that I have met two case -specific criteria B) that I have met one client -specific criteria C) that significant additional work is required D) that I have not already claimed the fee for the activity

20 How to claim special circumstances

21 Additional fixed fees Amendments to Additional Fixed Fee – Case-specific or client-specific criteria not required Significant additional work required – Usually where the activity fee not already claimed – Special Circumstances criteria for where fee already claimed – Existing Fee inadequate for the work required Activities are necessary and not covered by the available fees, e.g. sentencing indications

22 Polling Question Can I submit an amendment request for an activity that I have already claimed? A) YES B) No

23 Disbursements requiring prior approval Amendments to disbursements – Case-specific or client-specific criteria not required – If disbursement is directly attributed to conduct of the matter – If the Office disbursements for the fee are inadequate Example: Disclosure is provided electronically for a case proceeding to Jury trial. There are over 100 pages of disclosure. The provider needs to print disclosure to go over it with his or her client, who is incarcerated.

24 Estimates and other points to note Amendments to an estimate – Case-specific and client-specific criteria not required – Considered on case by case basis – Similar considerations around significant additional work apply In Summary 1. Special circumstances gives more general discretion to amend 2. Significant additional work is required that is not adequately covered by the fee 3. Amendments can now be sought when fixed fee already claimed where circumstances beyond Providers control 4. Amend where activity not covered by fee schedules but necessary

25 High Cost Cases Changes already in place New interim grant equivalent to 40 hours Cases removed from automatic inclusion Other administrative changes – increased legal aid staff discretion – Specialist Advisor contact details – New Case Plan

26 Grants Schedule … Improved Grants Schedule design – Offence Level and PAL – Charge details and case indicators

27 From 1 July … methods of communication Communicating primarily by – We need to notify you asap of a criminal case assignment, seek your permission – Notifying District Police Prosecution Services of local case assignments – notification from 1 July, letter and Grant Schedule later 2013 We depend on quality of contact details provided

28 From 1 July … ed details Legal aid number Client nameTim Smith Client address123 Street, Sanson Client date of birth01/01/1960 Client home phone no Client mobile no.Unknown Client work phone no.Unknown Categorisation of the caseOC3b PAL2 Schedule D Crown Prosecutions Next Court Hearing07/06/2013 Court LocationHuntly District Court Type of ChargesParty to Crime Outside NZ Attention Mr Jim Takas You have been assigned the following grant of aid. If you are unable to accept this assignment can you please advise me by return to by 5pm today so that I am able to assign another provider. If I have not received an from you by then, we will assume that you have accepted this assignment. Yours sincerely

29 Website address Information, including updated policy and procedures and new forms are available on our website at professionals/information-for-legal-aid-providers/whats- new-for-legal-aid-providers/whats-new-for-legal-aid- providers