2017 Standard Crime Contract Prison Law Updated to

2017 Standard Crime Contract Prison Law Updated to include: • changes to the scope of prison law effective from 21 February 2018 • changes in relation to Parole Board Reconsideration Hearings effective from 22 July 2019 • changes in relation to Parole Board Intensive Paper Reviews effective from 26 June 2020 1

Prison Law - Overview • Providers can only do Prison Law work where authorised in their Schedule. They must also have a Prison Law Supervisor. • Advice and Assistance under this part of the contract is paid by way of a Fixed Fee. Advocacy Assistance is paid under a Standard Fee scheme. • The Sufficient Benefit Test and Financial Eligibility Test will apply to this work. 2

Prison Law – Changes to scope of prison law effective from 21 February 2018 From 21 February 2018, the scope of prison law covers 5 Units of Work: - Sentence Calculation Cases - Sentencing Cases in relation to a client’s referral to Close Supervision or Separation Centres - Sentencing Cases involving legal issues arising from a prisoner’s Category A classification (and from 12 June 2018 for legal issues arising from an inmate’s Category A classification and a prisoner or inmate’s Restricted Status classification) - Disciplinary Cases - Parole Board Cases 3

Prison Law – Changes in relation to Parole Board Reconsideration Hearings effective from 22 July 2019 On 22 July 2019 the Parole Board introduced a Reconsideration mechanism for which the following legal aid is available: • Written representations in circumstances where either the victim (via the Sectary of State) or the prisoner applies for a Reconsideration will be covered by the substantive Parole Board Case fee*. • If the Parole Board direct that a Reconsideration Hearing is to take place either on the papers or at an oral hearing then a subsequent Advocacy Assistance fee can be claimed. * A Provider may submit an application for a Reconsideration under Advice and Assistance if the client has transferred from an existing Provider (under 12. 50 of the Specification), or did not receive Advice and Advice or Advocacy Assistance for the substantive Parole Board Case. 4

Prison Law – Changes in relation to Parole Board Intensive Paper Reviews effective from 26 June 2020 On 16 April 2020 the Parole Board announced that it would postpone face to face oral hearings in response to the coronavirus (COVID-19) outbreak, and that cases that had been directed or listed for an oral hearing would continue either as a remote hearing by video or telephone, or be dealt with under a new Intensive Paper Review process. The Specification has been amended effective from 26 June 2020 to confirm the funding for Intensive Paper Reviews: • Advocacy Assistance may be claimed (subject to the normal rules) where a case proceeds under the Intensive Paper Review process, provided it has first been directed or listed for an oral hearing. • The Guidance for Reporting Lower Crime Work has been updated to confirm the codes that should be used when claiming for a case dealt with under the Intensive Paper Review process. 5

Prison Law – Units of Work Sentence Calculation Cases Advice and Assistance available only where: • Work done is in connection to a sentence where the date of release is disputed; and • The client has been unable to resolve their complaint through the prison’s internal complaints procedure Applications for Minimum Term Review to the High Court claimable including under Advocacy Assistance as an exception. Sentencing Cases in relation to a client’s referral to a Close Supervision or Separation Centre Advice and Assistance available for clients who have been referred to either type of centre. Any subsequent monthly or quarterly reviews are claimed as part of the same case. Providers can claim a case at any convenient point and request an amendment to that claim should there be further reviews. Sentencing Cases that arise out of a Client’s Category A/Restricted Status classification Covers legal issues arising from a client’s Category A/Restricted Status classification, including any Representation at the directors Category A panel. Advocacy Assistance or Advice and Assistance available. 6

Prison Law – Units of Work Disciplinary Cases Covers work that involves the determination of a criminal charge for the purposes of Article 6. 1 ECHR (those before the Independent Adjudicator) and cases with permission from the prison governor for legal representation as a result of the successful application of the “Tarrant Criteria”. Advocacy Assistance or Advice and Assistance available Parole Board Cases Covers work in relation to clients who are convicted prisoners and who are subject to proceedings before the Parole Board. Advocacy Assistance or Advice and Assistance available. 7

Prison Law Change Effective 21 February 2018 – New documents As a result of the changes to the scope of prison law, the Legal Aid Agency has amended the following documents: The 2017 Standard Crime Contract - the amended version of the Contract can be found here: www. gov. uk/government/publications/standard-crime-contract-2017 Further detail on how to claim for this Class of Work can be found in the updated Criminal Bills Assessment Manual: https: //www. gov. uk/guidance/funding-and-costs-assessment-for-civil-and-crime-matters Updated CRM 3 and CRM 18 a forms can be found here https: //www. gov. uk/government/collections/criminal-legal-aid-application-forms https: //www. gov. uk/government/collections/legal-aid-crime-claim-forms 8

Prison Law Change Effective 22 July 2019 – New documents As a result of the changes to legal aid for the introduction of Parole Board Reconsideration Hearings effective from 22 July 2019, the Legal Aid Agency has amended the following documents: The 2017 Standard Crime Contract - the amended version of the Contract can be found here: www. gov. uk/government/publications/standard-crime-contract-2017 Further detail on how to claim for this Class of Work can be found in the updated Criminal Bills Assessment Manual: https: //www. gov. uk/guidance/funding-and-costs-assessment-for-civil-and-crime-matters 9

Prison Law Change Effective 26 June 2020 – New documents As a result of the amendments made to confirm Advocacy Assistance is available for Parole Board Cases directed or listed for an oral hearing but then dealt with under the Intensive Paper Review process, the Legal Aid Agency has amended the following documents: The 2017 Standard Crime Contract - the amended version (version 6) of the Contract can be found here: www. gov. uk/government/publications/standard-crime-contract-2017 The updated Guidance for Reporting Crime Lower Work sets out the codes that should be used when claiming for a case dealt with under the Intensive Paper Review process and can be found here: https: //www. gov. uk/government/publications/cwa-codes-guidance#history 10

Supervision in Prison Law A Supervisor in Prison Law must meet requirements common to Supervisors in all Classes of Work: Act as a Supervisor at a maximum of two of the Provider’s Offices Hold NVQ level 3 in supervision, or an approved supervisory skills training course, or supervised at least 1 FTE caseworker for at least 1 year in the previous 5 Ensure individuals doing Contract Work have a professional legal qualification and if one is not required that the individual does a minimum of 12 hrs work per Week Contract Work Para 2. 8 Para 2. 15 Para 2. 16 Managing the Contracts • • Providers will be required to submit supervisor declaration forms during the annual Contract Management visit (or more often if concerns have been raised). Supervisory qualifications will be periodically reviewed by the LAA. 11

Supervision in Prison Law A supervisor in Prison Law must meet further specific requirements relating to Prison Law: In a rolling 12 month period have undertaken a minimum of 4 Representations for 4 Clients before the Parole Board or the Independent Adjudicator / Prison Governor In a rolling 12 month period have undertaken 350 hours (1, 050 hours over 5 years if part time) of direct casework (may include direct documented supervision) A Prison Law Supervisor (and only a Prison Law Supervisor) may also act as a Supervisor for a maximum of one other Provider. Para 2. 24 Para 2. 22 Para 2. 10 Managing the Contracts • • Providers will be required to submit supervisor declaration forms during the annual Contract Management visit (or more often if concerns have been raised). Supervisory qualifications will be periodically reviewed by the LAA. 12

Prison Law Supervisor Ratios The maximum number of designated fee earners and caseworkers a Prison Law supervisor may supervise is as follows: In Prison Law only, a maximum of 6 Designated Fee Earners or Caseworkers In Prison Law and another Class of Work, a maximum of 4 Designated Fee Earners or Caseworkers Para 2. 29 Para 2. 30(b) Managing the Contracts • A Contract Management visit will be conducted within 6 months of the Contract Start Date to confirm the Provider’s compliance with the above ratios. 13