The recent Funding Order amending the rates payable for criminal legal aid work was, it turns out, poorly drafted and accidentally removed the right to claim payments for indictable-only offences dealt with in the Youth Court where the client pleads guilty. Criminal practitioners will know that most offences which would, for adults, be indictable only can nevertheless be dealt with in the Youth Court. Unfortunately, the Funding Order only makes provision for payment for category one fees in summary only and either way cases.
The LSC have now confirmed that, when dealing with a category one case in the Youth Court for an offence that would be indictable only for adults, the either way fee should be claimed. The Funding Order and the Contract will be amended in due course.