Contract amendments for Pre-Charge Engagement work

New payment fees to cover work completed for pre-charge engagement are being introduced on 7 June 2021 which require crime contract changes.

We’ve published draft amendments to the 2017 Standard Crime Contract so that you can see the changes now.

The new payment fees will come into effect on or after 7 June 2021.

Summary of the changes

Pre-charge engagement refers to voluntary engagement between the parties to an investigation after the first police (Police and Criminal Evidence Act 1984 (PACE)) interview, and before any suspect has been formally charged, undertaken in accordance with the Attorney General’s guidelines on disclosure.

The fees remunerate solicitors who act on behalf of suspects engaged in this process, these will be remunerated on an hourly rates basis with an upper costs limit of £273.75.

We have also taken the opportunity to clarify the position on the court duty solicitor covering sending hearings, as well as some other minor amendments to the 2017 Crime Contract.

Where can I find out more?

The draft contract we’re making available includes a new section in chapter 9 which sets out the contractual rules which will apply to the new fee.

We will also be amending relevant claiming guidance and will publish this before rollout on 7 June 2021.

Further information

Standard Crime Contract 2017 – see new section in chapter 9 for draft amendments, Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2021 – to view regulatory changes introducing new fees

Criminal Legal Aid Review – Ministry of Justice consultation hub Attorney General’s Guidelines on Disclosure 2020