Legal aid payments available for pre-charge engagement
Fees to cover completed pre-charge engagement work can be claimed via CWA.
Legal aid providers can claim for completed pre-charge engagement work under the 2022 Crime Contract.
Pre-charge engagement refers to a voluntary engagement between the parties to an investigation after the first PACE (Police and Criminal Evidence Act 1984) interview, and before any suspect has been formally charged in line with the Attorney General’s guidelines on disclosure.
Providers can also claim when preparatory work takes place to determine if pre-charge engagement would benefit the client.
Claims may be submitted irrespective of whether there is subsequent agreement between parties to the investigation that pre-charge engagement should take place.
Providers are encouraged to read the guidance found in the 2022 Crime Contract and Criminal Bills Assessment Manual.
Providers should also take note of the Attorney General’s Guidelines on Disclosure, Annex B Paragraph 10.
The correct codes to use when claiming on CWA can be found in the guidance for reporting crime lower work.
Claims will be remunerated on an hourly rates basis with an extendable upper costs limit of £273.75.
Further information
Standard Crime Contract 2022 – see chapter 9 of the specification for more details on pre-charge engagement
Criminal Bills Assessment Manual – see chapter 5.16 for guidance on Pre- Charge Engagement Advice and Assistance
Attorney General’s Guidelines on Disclosure - GOV.UK. – annex B, paragraph 10
CWA guidance – claim codes guidance includes outcome codes CN12 and CN13 for pre-charge engagement work
Government’s interim response to the criminal legal aid independent review – for the government’s position on the funding of pre-charge engagement