Following discussion with representative bodies, the LAA has amended the crime contract in respect of the 14 hour rule for duty solicitors. The amendments come into force on 23 July. With effect from that date the scope of what can be included in the 14 hour rule has been widened to include
- Work under the contract – such as police station and Magistrates Court work
- LGFS and AGFS work
- Work under the armed forces legal aid scheme
- Work under a court appointment for cross-examination of witnesses
- Privately funded criminal defence work which would come under one of the above headings but for the client being ineligible for legal aid or otherwise electing to pay privately
Where you rely on private work you will need to have consent from your client for the LAA to check what work was done for the purposes of monitoring compliance with the rule. If consent is not given or not sought you cannot rely on this work. This is a positive change which goes some way to broaden the scope of the 14 hour rule. Many practitioners and representative bodies welcomed the principle of ensuring that duty work is only done by those genuinely engaged in the work for the firm benefitting from it. However the narrow drafting of the rule, and some inconsistencies of approach by contract managers, has caused some difficulty in practice. However, while it broadens the scope of what can be counted towards the 14 hours, the change does not affect how the 14 hours are measured. It continues to require an average of at least 14 hours work per week on qualifying work, measured on a rolling monthly basis. Practitioners have expressed concern about the impact of this rule, and its potential discriminatory effect, on those with different working patterns – such as carers, and parents who do not work during school holidays.