What is the police station duty solicitor scheme?
The police station duty solicitor scheme provides free legal advice to suspects detained by the police. Legal aid covers attendance at interviews, advice on charge decisions, and representation at identification procedures. Billing is done under the Police Station Fixed Fee Scheme or, in more complex cases, on an hourly basis. The scheme ensures suspects always have access to legal advice, regardless of means.
How are police station attendances billed under legal aid?
Most attendances are billed under a fixed fee set by the LAA. The fee varies by region and covers all standard advice and representation in one police station case. If the case is unusually long or complex, it may “escape” the fixed fee and be billed at prescribed hourly rates.
What is included in the fixed fee for police station work?
ny written representations. It is designed to cover the entire case from initial instruction to release or charge at that police station.
When can a case escape the fixed fee and be billed hourly?
A case “escapes” the fixed fee when the solicitor’s recorded time exceeds three times the value of the fixed fee. For example, if the fixed fee is £200 and the solicitor’s time at hourly rates totals over £600, the case can be claimed on an hourly basis. This usually applies to very long interviews, serious charges, or cases with multiple suspects.
How are travel and waiting times billed in police station cases?
Travel and waiting are included in the fixed fee. If a case escapes the fixed fee, travel and waiting are billed at the prescribed hourly rates. Solicitors should keep accurate logs of journey times and waiting periods to justify these claims if billed hourly.
Can solicitors bill separately for telephone advice in police station work?
Yes. If the duty solicitor provides telephone-only advice, a lower fixed fee applies. If the solicitor later attends in person, the attendance fee applies instead. Both cannot be claimed for the same case. Telephone advice must be evidenced with clear attendance notes.
How does billing differ between duty solicitor cases and own-client cases?
For duty cases, the solicitor is paid by fixed or hourly rates as above. For own-client cases, the same billing rules apply, but the solicitor must ensure a signed legal aid application is completed. In practice, the billing amounts are the same; the distinction is contractual (duty rota vs. own-client).
Are multiple attendances at the same police station billable?
Yes, but they are generally covered under one fixed fee. For example, if a client is interviewed on two separate occasions during one detention period, the solicitor is still entitled to one fixed fee. Only where the client is re-arrested on a new matter does a new fixed fee become claimable.
How are juvenile clients billed in police station cases?
Juveniles receive the same entitlement to free police station advice. Billing for juveniles is identical to adults, but solicitors must account for the additional work involved (e.g., presence of an appropriate adult). If extra time is spent, this may help the case reach the hourly rate threshold.
Are disbursements allowed in police station billing?
Disbursements (e.g., interpreter costs, expert telephone advice) may be allowed but require prior authority for significant amounts. Interpreter fees are the most common and must be claimed with invoices attached. Routine overheads (printing, calls) are not separately claimable.
Can a solicitor bill separately for multiple clients in the same police station case?
Yes. Each client is a separate matter, even if arising from the same incident. For example, representing three co-defendants at the same station generates three separate fixed-fee claims. Care must be taken to avoid duplication in attendance notes.
How are out-of-hours attendances billed?
Out-of-hours attendances (nights, weekends, public holidays) attract the same fixed fees as standard attendances. However, if the case escapes the fixed fee, higher unsocial hours hourly rates apply. Solicitors should log the exact times of attendance to justify these rates.
How are police station cases involving multiple offences billed?
If the client is interviewed about multiple offences during the same detention, it is usually one fixed-fee claim. If there are separate detentions for unrelated matters, each may attract its own fixed fee. Solicitors must record whether interviews relate to the same or separate arrests.
What is the role of DSCC in police station billing?
The Defence Solicitor Call Centre (DSCC) allocates duty cases to solicitors. For billing, the DSCC reference number is required. Without it, claims may be rejected. Solicitors must record the DSCC log number on all billing paperwork or CCMS submissions.
Can work done after release from the police station be billed?
No. The police station scheme covers only attendance during detention. Once a client is released or charged, further representation must be billed under magistrates’ court or Crown Court legal aid certificates, not police station fixed fees.
What evidence is needed to support police station billing claims?
Solicitors must keep: DSCC reference numbers. Client attendance notes. Time records. Interpreter invoices (if used). Custody record extracts (if available). The LAA may audit files and reduce claims if evidence is missing or inadequate.
Can trainees or paralegals conduct police station work under legal aid?
Yes, but they must be accredited representatives under the Police Station Accreditation Scheme (PSRAS). Only accredited staff can claim under legal aid. Firms must ensure that the person attending is registered and authorised; otherwise, claims may be rejected.
How does billing work if a case is transferred to another solicitor?
Each solicitor can only bill for the work they performed. If one firm attends the initial interview and another later takes over, each submits its own claim. The LAA will not pay duplicate fees, so attendance notes are critical to show the division of work.
What are the most common reasons police station billing claims are reduced?
Reductions often occur because of: Missing DSCC numbers. Duplicate claims for the same client. Lack of time records in escape cases. Failure to provide interpreter invoices. Claiming for post-release work. Proper compliance with documentation prevents most rejections.
What best practices ensure accurate police station billing?
Best practices include: Logging DSCC numbers on every case file. Keeping 6-minute time records, even in fixed-fee cases (to check escape eligibility). Obtaining prior authority for large disbursements. Training all staff on fixed-fee vs. hourly rules. Using billing software to auto-calculate claims. These practices protect firms against audit clawbacks and maximise recovery.