Key Facts
- •Appeal concerns classification of offences under the Criminal Legal Aid (Remuneration) Regulations 2013 for graduated fee calculation.
- •Representation Orders made in November 2017, subject to regulations as in force then.
- •Defendants charged with conspiracy to hold in servitude, conspiracy to require forced labour, conspiracy to traffic for exploitation, conspiracy to arrange travel for exploitation, and assault causing actual bodily harm.
- •Offences involved forcing a vulnerable adult into compulsory labour and trafficking.
- •Appellants argued for Class J classification (serious sexual offences), while Determining Officer classified as Class B (serious violence or damage).
- •Pre-April 2018 Table used for classification, with unlisted offences defaulting to Class H.
- •Appellants sought retrospective application of the AGFS Banding Document (post-April 2018).
Legal Principles
Offence classification under Schedule 1 to the 2013 Regulations is a key criterion for calculating graduated fees.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 1
Pre-April 2018, offences were classified using the 'pre-April 2018 Table' in Part 7 of Schedule 1; post-April 2018, the AGFS Banding Document was used.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 1
Offences not specifically listed in the pre-April 2018 Table are classified as Class H, with potential for reclassification.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 1, paragraph 3
The AGFS Banding Document cannot be applied retrospectively to cases governed by the pre-April 2018 regulations.
R v Parveen Khan (SCCO 179/11, 31 January 2012)
Only serious sexual offences can be classified as Class J.
R v Parveen Khan (SCCO 179/11, 31 January 2012)
Outcomes
Appeal dismissed.
The AGFS Banding Document cannot be applied retrospectively. The offences, while serious, do not qualify as Class J because they are not sexual offences. Class B classification is appropriate given the elements of serious violence and similarities to kidnapping and false imprisonment.