VICTIMS ADVOCATE PILOT GUIDANCE ON THE PROVISION OF PERSONAL & SOCIAL LEGAL ADVICE
Introduction 1. This guidance note covers the provision of personal and social advice, which is to be delivered as a part of the Victims‘ Advocate pilot. This is separate from that part of the scheme that enables the relatives to make a family impact statement in court, which is governed by a judicial protocol 1. This guidance note should be read alongside the judicial protocol. 2. Ministers know that victims‘ families value the support they receive from their police Family Liaison Officer (FLO), whose responsibilities also include giving the family information about organisations able to offer help and advice. However, they also recognise that there are occasions when the family needs advice from a lawyer to resolve personal and social problems arising from the sudden death of the victim. Recent research published by Victim Support found that relatives bereaved by murder or manslaughter needed legal representation and advice in relation to access to the deceased‘s property and their children‘s belongings, residency orders, next of kin status as well as financial and benefits matters 2. The provision for public funding of personal and social advice are intended to meet these needs that are unrelated to the progression of the case through the criminal justice system.
3. Where a charge of murder, manslaughter (including corporate manslaughter) or familial homicide has been preferred in a case 3, the family of the victim will be
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This refers to the protocol issued by the President of the Queen’s Bench Division setting out the procedure to be followed in the Victims’ Advocate pilot areas, dated 3 May 2006 2 In The Aftermath: the support needs of people bereaved by homicide: a research report (2006) Victim Support 3 For the purpose of the pilot scheme the provision of publicly funded legal advice to families will be specifically confined to investigations by police and will exclude investigations by other agencies such as the HSE. Where there is a joint investigation involving the police and another agency and the offence criteria under this section is met; then in such cases the scheme will apply.
eligible for publicly funded legal advice up to a maximum of 15 hours. The advice will be confined to personal and social issues directly arising from the death of the victim and would exclude any pre-existing legal issue. The role will be limited to providing advice and not representation. There would be no objection, however, to the adviser being the family‘s Independent Advocate if the family wishes. For the purpose of the pilot scheme the charge will have occurred on or after the 24 April 2006.
4. The scheme is being run in pilot form at: The Central Criminal Court Birmingham Crown Court Cardiff Crown Court Manchester Crown Square Crown Court Winchester Crown Court
5. A list of approved firms to undertake this work will be available in each pilot location. Note: that although this is publicly funded work, it is not part of the legal aid scheme, nor is it being run by the Legal Services Commission. The courts will be the points of contact for solicitors.
The role 6. Public funding in respect of this part of the victim advocate scheme, will be available for the provision of legal advice which addresses the personal and social needs of the family arising from the victim‘s sudden death but not for advocacy or representation relating to that advice.
7. The personal and social lawyer would have no role in: advising on or challenging the work of the prosecutor, including the decision to charge and other matters arising both before and during the trial matters relating to the police investigation
Who qualifies 8. The following apply: the criteria at paragraph 3
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a qualifying family is the immediate family of a victim whose death occurred in the catchment area for the pilot court and who are themselves resident in the catchment area. It excludes the defendant but normally includes spouses, civil partners, parents and children. However, if the investigating police force from within the pilot area deploys an FLO to a family, that family need not be resident in the pilot area but will be within the ambit of the scheme.
9. For the purposes of the pilot the following tests apply: Does the relative qualify under the bullets under paragraph 8 If the answer to both points is ‗yes‘ – the qualifying family will be entitled to a maximum of 15 hours of publicly funded legal advice.
10. Where there are multiple applicants, from within the same family, the maximum limit of 15 hours will apply. Where there is disagreement within the family they must in the first instance try to reach agreement on how best to utilise the 15 hours. Where this is not possible, the maximum limit of 15 hours publicly funded legal advice will be split evenly between every eligible family member. The family may request, and the court will authorise, such advice at any stage in the progress of the case after charge. However, if additional family members seek separate advice once the court has authorised the 15 hours advice, the court will not be able to reduce the number of hours authorised, or authorise additional hours.
11. Where advice has been offered, but the CPS decide to drop the charges or alter the charge so that it is not murder, manslaughter or familial homicide, the provision of the advice will continue until such time as the family‘s need has been met (Annex A defines ―Matter Ends‖) or the 15 hours maximum has expired whichever comes first.
Process of appointment of lawyer 12. In all cases, qualifying families should be informed about the availability of social and personal legal advice. Information will be provided by the FLO in the first instance, and when the family wish, victim support. If the family wishes to take up the offer of personal and social legal advice, a list of accredited lawyers 4 in the local area (and their contact details) will be passed to the family by the FLO, victim support or the pilot court. The list of accredited solicitors will also be held by the
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pilot court, and may be held by other support agencies. It will be available on line at www.hmcourts-service.gov.uk/infoabout/victims_advocates. The FLO or police officer will send a standard form letter, signed by the applicant, to the court indicating that the applicant is a member of a family that qualifies under the scheme. It will be open to the family to approach a solicitor‘s firm from the list. When approached by an eligible family, the solicitor‘s firm (also referred to previously as the advice lawyer) will write to the relevant pilot Court. When there are multiple applicants, allocation of pro rata hours will be determined by the court. The pilot Court will issue a letter of authorisation, and copy to the applicant family, within 48 hours (on working days) of receipt of the letter from the solicitor, but the absence of a letter of authorisation shall not delay the provision of urgent legal advice.
13. Nothing precludes a family from choosing a firm of solicitors not on the list to provide personal and social legal advice, but, in order to receive public funding, the firm will be subject to authorisation by the pilot court, as above, and to the limitations of up to 15 hours at the agreed fee rate.
Cost Claim 14. The Court Manager, or an officer acting on their behalf at the pilot Crown Court centre will determine the fee claim. The court will aim to authorise payment within 20 days of receiving a properly completed costs claim which must be submitted within 3 months of the completion of the case or completion of advice – whichever is later.
Change of solicitors firm 15. A family may change the solicitors firm which is providing personal and social legal advice subject to the following: A letter stating the reasons for the need to transfer, to the pilot court, either from the family, first solicitors firm or proposed new firm The first solicitors firm must provide in writing to the pilot court the numbers of hours of advice they have already provided in that particular case, within 3 days of the request from the court The proposed new firm will apply for authority to the pilot court to provide advice (up to the maximum of the balance of number of hours remaining to the family).
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Community Legal Service and Criminal Defence Service quality marked suppliers
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The pilot court will then issue a new letter of authority to the new firm, clearly stating the hours of help that is remaining.
Monitoring 16. Pilot courts must monitor the take up of the provision of social and personal advice in their area. As and when required they will provide this information to DCA or their Area Co-ordinator.
17. This information will be collated and monitored monthly at a national level.
Evaluation 18. To assist with the evaluation of the pilot solicitors firms are asked to keep, as a minimum, the following records: Details of the case and the relatives concerned The area(s) of law that the advice covered The amount of time spent on providing advice on each area of law for each individual The outcomes of the advice – what the advice / assistance achieved
This information should be sent to the court when the provision of the advice has ended.
Length of provision 19. The length of the pilot scheme will dictate the length of the provision of the publicly funded legal advice. The 15 hours of legal advice will be available to eligible families within this period only. Where the family has availed itself of such advice, the funding will be honoured post completion of the pilot.
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Annex A Guidance on when legal advice ends
Matters for which personal and social legal advice is provided end when any of the following events occurs:
(a) the client decides not to proceed, or indicates that they wish to take the matter forward themselves; (b) the client fails to give instructions for three months (unless the matter is on hold, for example, because you are waiting for a third party to act); (c) the matter is completed, for example, by negotiation or adjudication; (d) you have informed the client that the provision of legal advice is no longer justified; (e) you can no longer act through a conflict of interest, or other good reason, or the client is referred to another organisation.
1. We need to be able to identify when matters end so that we can monitor the legal services which are being provided, and to ensure that claims are submitted promptly.
2. The reason for a matter ending must be evident from in your fee claim.
3. For the purposes of (b) above, the client will not have failed to give instructions where you have agreed that the matter is to be on hold. The matter will however end under this sub—clause where instructions are required from the client in relation to the matter and the client simply fails to contact you.
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