Dear Members

I have a funding issue that I am struggling to resolve in terms of working out how we should be paid and whether a new application is required. The regulations are not very clear.

Our client has just been served with an application for a Serious Crime Prevention Order under s19 of the Serious Crime Act 2007. The application is for the Crown Court judge to impose an order on him. The case concluded in the Crown Court over 2.5 years ago in terms of the trial. Confiscation proceedings concluded a month ago.

It seems to me that these are prescribed proceedings under s14(h) of LASPO and are included in reg 9 of the CLA(G)R 2013. It therefore appears that they are remunerated by way of hourly rates (CLA(R)R 2013 Sch 4 para 7). There appears to be an upper limit of £1368.75. It is not at all clear how this is reported for payment but I believe it is probably under the CRM6 with code PROH.

I am also not clear if my original representation order will cover the work or whether a new application is required. This is a stand alone application albeit that the Crown suggest it is in connection with the criminal proceedings. I am minded to make a new application online using a CRM14.

Has anyone dealt with one of these recently or can anyone confirm that I am on the right track. If not, can you point anyone in the right direction?

This is obviously not an urgent enquiry but I am rather hoping someone has just done one and will know the answer straight away, thereby saving me a lot of time. I did ask my Contract Manager a couple of weeks ago to confirm if this was the right way to proceed but he has not got back to me. I guess he is busy.

Steven Bird |  Managing Director

Birds Solicitors

61 Wandsworth High Street | Wandsworth | London | SW18 2PT| DX 59062 WANDSWORTH NORTH

T: 020 8874 7433 | DDI: 020 3657 7260 | F: 020 8870 4770 

E: s.bird@birds.eu.com  | W: www.birds.eu.com

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