Key Facts
- •Sternberg Reed LLP appealed the classification of offences under the Criminal Legal Aid (Remuneration) Regulations 2013.
- •The appeal concerned the classification of offences for Legal Aid fee calculation.
- •The defendant, Katie Simmons, faced charges of conspiracy to commit burglary (Count 1) and encouraging/assisting crime (Count 5).
- •Count 1 involved a conspiracy to commit 43 burglaries with a total value of £356,796.
- •The Crown offered no evidence on Count 1, and the defendant pleaded guilty to Count 5.
- •The appellant argued for Class K classification (high-value dishonesty) based on the overall value of the conspiracy.
- •The Determining Officer classified both counts as Class E (burglary).
Legal Principles
Offence classification for Legal Aid fees is determined by Schedule 2 of the 2013 Regulations.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2
Conspiracy offences are classified according to the substantive offence.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2, paragraph 3(b)
The court must consider the offences on the indictment, not broader background facts.
R v Martini, SCCO 58/11
Offences not listed in the LGFS Table of Offences fall under Class H but are open to reclassification.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2, paragraph 3(1)(a) and (2)
Section 1(1) of the Criminal Law Act 1977 defines conspiracy.
Criminal Law Act 1977, Section 1(1)
Section 9 of the Theft Act 1968 defines burglary.
Theft Act 1968, Section 9
Section 47 of the Serious Crime Act 2007 defines encouraging or assisting crime.
Serious Crime Act 2007, Section 47
Outcomes
Appeal dismissed.
The indictment only charged burglary, not theft, as the substantive offence. Conspiracy to commit burglary remains Class E. Count 5 (encouraging crime) is appropriately reclassified as Class E given the underlying burglary offences.