TAB 1
CROWN SOLICITORS:
TERMS OF OFFICE
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CONTENTS
Preamble .......................................................................................................................... 1
Definitions ....................................................................................................................... 1
The Law Officers and Crown Solicitors .......................................................................... 1
The Attorney-General and Solicitor-General ................................................................................ 1
Crown Solicitors ................................................................................................................................. 2
Crown Solicitor Firms ........................................................................................................................ 2
Duties of Crown Solicitors ............................................................................................... 2
Provision of Services ......................................................................................................................... 2
Independence and Integrity .............................................................................................................. 3
Conflicts of Interest ........................................................................................................................... 4
Execution of duties .......................................................................................................... 4
Maintenance of the Crown Solicitor Firm ...................................................................................... 5
Absence From Duties........................................................................................................................ 5
Classification of Counsel ................................................................................................................... 6
Crown Panel........................................................................................................................................ 6
Maintaining Relationships with Justice Sector Partners and Other Related Parties ................. 6
Professional Indemnity Insurance ................................................................................................... 6
Information and File Maintenance .................................................................................................. 7
Fees .................................................................................................................................. 7
Crown Solicitor Reviews .................................................................................................. 7
Revocation or Termination of Warrant ........................................................................... 8
Acknowledgment ............................................................................................................. 8
Appendix One: Fees and Billing for Crown Prosecution Services .................................. 9
Appendix Two: Fees Payable to Crown Solicitors for work on Criminal Prosecutions
on Instructions from Departments ................................................................................. 13
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PREAMBLE
1.
These provisions set out the terms of office for all Crown Solicitors from 1 July
2013. The terms of office may be revised from time to time by the Solicitor-General
in consultation with Crown Solicitors.
2.
The terms of office and any amendments are available on the Crown Law website:
http://www.crownlaw.govt.nz .
DEFINITIONS
Crown prosecution – means a Crown prosecution as defined in the Criminal Procedure Act
2011 and the Crown Prosecution Regulations 2013.
Crown prosecutor – means any Crown prosecutor, as defined in the Criminal Procedure Act
2011, who is a lawyer from the Crown Solicitor firm representing a Crown Solicitor.
Crown Solicitor – means a lawyer holding a warrant of appointment as a Crown Solicitor
from the Governor-General.
Crown Solicitor firm – means the firm of which the Crown Solicitor is a principal.
Department -
means departments of the public service as specified in the First Schedule to
the State Sector Act 1988, the New Zealand Police (referred to in this document as “the
Police”), the New Zealand Defence Force, and the New Zealand Security Intelligence Service
and includes bodies, decision-makers, office holders or employees within those departments.
Legal work – has the meaning set out in section 6 of the Lawyers and Conveyancers Act
2006.
Private prosecution – has the meaning set out in section 5 of the Criminal Procedure Act
2011.
THE LAW OFFICERS AND CROWN SOLICITORS
3.
These terms of office regulate the relationship between the Solicitor-General and the
Crown Solicitor. The Crown Solicitor must observe the requirements of the terms of
office and follow all guidelines and instructions issued by the Solicitor-General.
The Attorney-General and Solicitor-General
4.
The Attorney-General and Solicitor-General are responsible for the prosecution of
crime. This responsibility has now been affirmed by the Criminal Procedure Act
2011.
2
5.
The Solicitor-General is responsible for the general oversight of public prosecutions
and has specific responsibilities for the conduct of Crown prosecutions. The
Government, through Cabinet requires the Solicitor-General, on behalf of the
Crown, to set the terms of office for Crown Solicitors.
Crown Solicitors
6.
Crown Solicitors are appointed by the Governor-General, on the recommendation
of the Attorney-General, by warrant under the Letters Patent.
Crown Solicitor firms
7.
When a lawyer seeks appointment to the office of Crown Solicitor the applicant is
offering not only his or her services but also the services of the Crown Solicitor firm
to the extent necessary to provide services in the region covered by the warrant.
8.
The Crown Solicitor must notify the Solicitor-General if the Crown Solicitor firm has
a change in composition which could affect the provision of services required by the
terms of office.
9.
The Crown Solicitor must notify the Solicitor-General if he or she proposes to leave
the Crown Solicitor firm and join another firm.
10.
The Crown Solicitor must keep the Solicitor-General advised of the Crown
prosecutors representing the Crown Solicitor.
DUTIES OF CROWN SOLICITORS
Provision of services
11.
The Crown Solicitor must, in respect of the region covered by the warrant of
appointment:
11.1
Conduct Crown prosecutions for which the Solicitor-General has assumed
responsibility in the High Court, District Courts and Youth Court and the
related proceedings, including sentencing and bail hearings;
3
11.2
Conduct other appearances in the Youth Court as specified in the
Memorandum of Understanding between the Solicitor-General and the
Commissioner of Police;
11.3
Conduct High Court criminal appeals from departmental and Police
prosecutions in the District Court;
11.4
Accept instructions from government departments and the Police, to
conduct prosecutions in the District Court;
11.5
Accept instructions from the Solicitor-General to conduct any litigation
related to the matters in 11.1 to 11.3;
11.6
Accept instructions on matters related to the Criminal Proceeds (Recovery)
Act, mutual assistance or extradition matters; and
11.7
All activities ancillary to the above or which may be necessary to support
and assist the Solicitor-General to discharge the responsibilities of that
office relating to the administration of criminal justice.
12.
Each Crown Solicitor is expected to co-operate with and assist other Crown
Solicitors as necessary to ensure the effective provision of Crown prosecution
services throughout New Zealand.
Independence and integrity
13.
Crown Solicitors and Crown prosecutors are expected to uphold the highest
standards of personal and professional conduct and are subject to the Lawyers
(Conduct and Client Care) Rules.
14.
The Crown Solicitor must, as soon as practicable, notify the Solicitor-General of any
matter which may reflect upon the office of Crown Solicitor, in particular if the
Crown Solicitor or any Crown prosecutor within the Crown Solicitor firm is subject
to:
14.1
any criminal inquiry or prosecution;
4
14.2
any complaint or disciplinary proceedings before the Law Society; or
14.3
a costs order or other sanction under the Criminal Procedure Act 2011.
Conflicts of interest
15.
As prosecutors, Crown Solicitors are ministers of justice and serve the public
interest. Crown Solicitors must be independent and free from compromising
influences or loyalties when providing services as Crown Solicitor.
16.
Unless granted dispensation by the Solicitor-General, for a specific case or class of
cases, Crown Solicitors and lawyers in the Crown Solicitor firm may not:
16.1
act against the Crown in any Crown prosecution;
16.2
act against the Crown in any prosecution initiated by a department;
16.3
act against the Police on any legal work;
16.4
act against the Crown in respect of any legal work where the substantive
issue is a decision of the Attorney-General or Solicitor-General;
16.5
act for the prosecutor in any private prosecution;
16.6
act against the Crown in any legal work related to extradition, mutual
assistance, criminal proceeds (recovery) or any judicial review related to a
Crown prosecution or a prosecution initiated by a department.
17.
Crown Solicitors and lawyers in the Crown Solicitor firm may accept instructions for
the defence in any other public prosecution but must cease to act immediately if the
matter becomes a Crown prosecution.
EXECUTION OF DUTIES
18.
The Crown Solicitor must comply with all directions and instructions and observe
guidelines issued by the Solicitor-General from time to time including, without
limitation, the following:
18.1
Prosecution Guidelines;
5
18.2
Victims of Crime – Guidelines for Prosecutors;
18.3
Media Protocol for Prosecutors; and
18.4
The Memorandum of Understanding between the Solicitor-General and the
Commissioner of Police.
19.
The Solicitor-General expects to be consulted on any significant or potentially
controversial media inquiries. Crown Solicitors need not consult on routine media
inquiries.
20.
The Crown Solicitor must supervise the provision of services by the Crown Solicitor
firm and take all reasonable steps to ensure every person assisting with these services
complies with the terms of office.
Maintenance of the Crown Solicitor firm
21.
Crown Solicitors are responsible for ensuring that they are able to discharge the
duties of the office and must maintain an office sufficient to discharge those
responsibilities. Crown Solicitors may enter into arrangements to manage the
provision of services between their firms.
22.
The Crown Solicitor will take all reasonable steps to ensure that all Crown
prosecutors acting under his or her direction:
22.1
have the requisite skills, expertise, qualifications and experience; and
22.2
carry out their respective duties with due care, skill and diligence.
Absence from duties
23.
Where the Crown Solicitor wishes to take leave from his or duties for more than one
month, the leave of the Solicitor-General is required. Where practicable one month’s
notice of such absences is required.
24.
Subject to the Solicitor-General’s approval, the Crown Solicitor may nominate a
person from within the Crown Solicitor firm to carry out the obligations of his or her
office while the Crown Solicitor is on leave.
6
Classification of counsel
25.
Crown Solicitors and members of their firms will be classified by the Solicitor-
General as senior, intermediate or junior prosecutors.
26.
The Crown Solicitor may make a recommendation to the Solicitor-General for the
classification or reclassification of a Crown prosecutor.
27.
The Solicitor-General may from time to time issue guidelines about the criteria for
classification and the classification necessary to conduct particular types of
prosecution.
Crown Panel
28.
The Solicitor-General may, on the recommendation of the relevant Crown Solicitor,
appoint members of the local bar to a Crown Panel to supplement the services
provided by the Crown Solicitor and the Crown Solicitor’s firm.
Maintaining relationships with Justice Sector partners and other related parties
29.
Crown Solicitors must endeavour to maintain professional and positive relationships
with the judiciary, the courts, the Police, departments, the Public Defence Service
and the criminal defence bar.
Professional Indemnity Insurance
30.
The Crown Solicitor or the Crown Solicitor firm must maintain and keep current, for
the period of the appointment and for the period of two years commencing with the
expiry of the appointment at his or her own expense, professional indemnity
insurance which adequately covers any liability which might arise.
31.
The Crown Solicitor must supply to the Solicitor-General, on request, such details of
its current insurance cover that the Solicitor-General considers sufficient to assess
the appropriateness of the cover.
7
Information and file maintenance
32.
In consultation with Crown Solicitors, the Solicitor-General will develop and issue
policies outlining any reporting or information requirements. Crown Solicitors must
respond expeditiously to any reporting or information requirements.
33.
Crown Solicitors must take all reasonable steps to protect the security of information
they hold.
34.
Crown Solicitors are subject to the Public Records Act 2005 and should comply with
any policy and guidelines issued by the Solicitor-General, after consultation with the
Crown Solicitors, on the requirements of that Act.
35.
Crown Solicitors must, upon request, make any files relating to Crown Solicitor
duties available to the Solicitor-General for inspection.
FEES
36.
The Solicitor-General will set an annual fee for the provision of services under
paragraphs 11.1 - 11.3 and 11.7 in each warrant, based on the available government
funding. Refer to the Appendix One for the detail of the annual fees determined by
the Solicitor-General.
37.
The Solicitor-General will from time to time, in consultation with Crown Solicitors,
departments and the Police, set the fees payable by departments and the Police for
the provision of services under paragraph 11.4. Refer to Appendix Two for the
detail of the fees framework determined by the Solicitor-General.
38.
For all other work the fees will be set by the Solicitor-General in consultation with
Crown Solicitors.
CROWN SOLICITOR REVIEWS
39.
Crown Solicitors will be subject to periodic reviews by the Solicitor-General.
Reviews are designed to ensure high standards are achieved and maintained. Reviews
may examine the legal acumen and performance of Crown prosecutors, the
management of the work, and how the relationship with others is conducted in the
criminal justice sector. In consultation with Crown Solicitors, the Solicitor-General
8
will prepare and review from time to time a policy on the conduct of reviews which
will detail the review processes.
40.
Crown Solicitors are expected to cooperate fully in a review and provide any relevant
information requested in a timely fashion. Crown Solicitors will be advised of the
preliminary outcome of their reviews and given the opportunity to address any
concerns that are raised before a review is completed.
REVOCATION OR TERMINATION OF WARRANT
41.
A Crown Solicitor’s warrant is held at pleasure.
42.
A Crown Solicitor may resign the warrant by letter to the Solicitor-General. Crown
Solicitors are required to give 90 days notice of resignation, unless exceptional
circumstances apply, such as appointment to the Bench.
ACKNOWLEDGMENT
I, [insert name] hold the office of Crown Solicitor at [insert warrant area] and acknowledge
that I am obliged to carry out the office of Crown Solicitor in accordance with these terms of
office.
______________________________________________
[signature}
9
APPENDIX ONE: FEES AND BILLING FOR CROWN PROSECUTION
SERVICES
1.
This appendix sets out the arrangements for the fees and billing of services provided
under clauses 11.1, 11.2, 11.3 and 11.7 of these Terms of Office. It gives effect to
the requirement for the Solicitor-General to set a fee for these services each year.
Services covered by the annual fee
2.
The following services provided on or after 1 July 2013, within the area covered by a
particular Crown Solicitor’s warrant, are provided pursuant to the annual fee:
2.1
The conduct of indictable matters following committal for trial, and Crown
prosecutions1 from the time the Crown assumes responsibility for the
prosecution,2 excluding appeals other than as expressly provided for in this
appendix;
2.2
The conduct of appeals to the High Court from decisions made in
indictable matters prior to committal, such as bail and name suppression;
2.3
The conduct of pre-trial appeals to the High Court from decisions made in
relation to Crown prosecutions, regardless of whether the Crown has
assumed responsibility, excluding appeals filed pursuant to ss 215 through
228 of the Criminal Procedure Act 2011;3
2.4
The conduct of pre- and post-conviction appeals to the High Court from
other public prosecutions (ie summary or non-Crown prosecutions);
2.5
The conduct of matters in the Youth Court as specified in the
Memorandum of Understanding between the Solicitor-General and the
Commissioner of Police;
1 Whether in the Youth, District or High Courts, and regardless of whether the prosecution was commenced in a particular
Crown Solicitor’s district or was transferred from another district at a later date (including cases transferred after the
Crown has assumed responsibility for the matter).
2 Section 189 of the Criminal Procedure Act 2011 requires the Crown Solicitor to file a notice in Court when he or she
assumes responsibility for the prosecution. The date on which responsibility is assumed differs depending on the type of
prosecution and is specified in the Crown Prosecution Regulations 2013. Responsibility is assumed at the time of the
qualifying event (eg plea entry, election of jury trial etc) not the date the notice is filed, which will inevitably be a later date.
3 Sections 215-228 of the Criminal Procedure Act 2011 provide for appeals against certain pre-trial decisions which were
previously heard in the Court of Appeal. Those appeals are funded by Crown Law’s appropriation for appeals and will
continue to be conducted by Crown Law. The appeals that will be captured by para 2.3 will generally relate to bail, name
suppression, disclosure and other non-evidential decisions.
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2.6
Ancillary appearances relating to Crown prosecutions conducted by other
Crown Solicitors, such as bail hearings where a defendant has been arrested
in a district other than that in which his or her prosecution is being
conducted;
2.7
All assistance provided to Crown Law, whether by the Crown Solicitor or
their staff, including non-legal staff, for the purposes of administration of
these arrangements or to support Crown Law in the completion of any
criminal appeals;
2.8
The costs of briefing panel counsel or other Crown Solicitors to conduct
the work listed above; and
2.9
All travel and/or administrative support necessary to complete the work
listed above.
3.
The annual fee also covers the costs of conducting the work listed above in districts
other than a particular Crown Solicitor’s district, following the transfer of a matter
from their district to that of another Crown Solicitor, where the Crown Solicitor in
the originating district elects to follow the trial.
4.
For the avoidance of doubt, all disbursements are included in the annual fee unless
otherwise agreed with the Solicitor-General.
Setting the annual fee
5.
The Solicitor-General will set the annual fee for each Crown Solicitor by way of a
calculation with the following components:
5.1
The total funding available;4
5.2
A contingency fund to allow for unforeseen circumstances;5
5.3
The volume and case mix of disposals in each warrant;
5.4
A 20 per cent weighting for trial length using data from 2011/2012, this
being a short term component only; and
4 Fixed at approximately $33m in 2013/2014.
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5.5
A transitional year in 2013/2014.
6.
The model, or any part of it, may be reviewed by the Solicitor-General at any time.
Crown Solicitors will be consulted before material changes to the model are made.
Payment of the annual fee
7.
Prior to the commencement of the financial year the Solicitor-General will advise
each Crown Solicitor of their forecast fee, based on forecasts of the likely volume
and case mix of disposals for that warrant.
8.
The fee will be divided into 12 instalments to be paid to Crown Solicitors each
month. After the fourth, eighth and twelfth months of the year the fee will be
reviewed to take account of the actual volumes and case mix of disposals in each
warrant for the year to date. As a result of those reviews, the Solicitor-General may
adjust the monthly instalments for the remainder of the year to ensure that the total
fee paid for the year reflects the actual volumes and case mix for each warrant
compared to the rest of the network. The timing and method of any adjustments
(whether made in one month or spread across several months) will be determined
individually for each Crown Solicitor, by the Solicitor-General in consultation with
that Crown Solicitor.
9.
At the end of the year, residual differences between the final annual fee and the
amount paid to Crown Solicitors during the year will be reflected in the annual fee
for the following year.
Management of the contingency fund
10.
Crown Law will hold and manage a contingency fund, being a percentage of the total
available funding for the year. The percentage to be held will be determined by the
Solicitor-General and reviewed annually.6
11.
The purpose of the contingency fund is to support warrants which have experienced
unforeseen and exceptional events which affect their ability to provide their services
within the annual fee. These events may relate to work volumes overall, individual
5 Set at five per cent of the total funding available for 2013/2014.
6 The Solicitor-General has determined that Crown Law will hold five per cent of total available funding as the contingency
fund for 2013/2014.
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exceptionally high cost cases, or external factors unrelated to work volumes such as
natural disasters. These examples are illustrative only.
12.
Crown Solicitors may make applications to the Solicitor-General for contingency
funding, or the Solicitor-General may determine that a warrant should receive
contingency funding despite no application having been made. There are no set
criteria for eligibility for contingency funding and all decisions relating to distribution
of the contingency fund will be made at the sole discretion of the Solicitor-General.
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APPENDIX TWO: FEES PAYABLE TO CROWN SOLICITORS FOR WORK ON
CRIMINAL PROSECUTIONS ON INSTRUCTIONS FROM DEPARTMENTS
1.
On 20 May 2013 Cabinet authorised the Solicitor-General to set fees for Crown
Solicitors work taking into account principles of consistency, transparency and
sustainability.
2.
Cabinet also directed departments to apply this fees framework when instructing
Crown Solicitors.
Crown Solicitor Regulations 1994 –transitional arrangements
3.
The Crown Solicitor Regulations 1994 are revoked from 1 July 2013 and only apply
to work done prior to 1 July 2013. In respect of work done after 1 July 2013 on
summary cases which were commenced prior to 1 July 2013 there are specific
provisions below.
Scope and application of this framework
4.
These fees apply to work done from 1 July 2013 by Crown Solicitors on instructions
from departments7 for:
4.1
summary prosecutions initiated prior to 1 July 2013 ;
4.2
criminal prosecutions under the Criminal Procedure Act 2011 which are not
Crown prosecutions8;
4.3
work on Crown prosecutions prior to the time when the Solicitor-General
has assumed responsibility under s 187 of the Criminal Procedure Act;
4.4
High Court criminal appeals by departments (excluding the Police)9 from
the prosecutions in 4.1 and 4.2.
4.5
Any bail or name suppression or similar proceedings related to a matter
outlined in 4.1-4.3.10
7 “Departments” as defined in the Cabinet Directions for the Conduct of Crown Legal Business, which includes the Police.
8 As defined in the Crown Prosecution Regulations 2013.
9 Departments (excluding the Police) pay for appeals where they are the appellant. All other appeals whether by offender
or department in the High Court are funded by Crown Law and come within the annual fee arrangements between the
Solicitor-General and Crown Solicitors.
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5.
Departments are referred to the Cabinet Directions for the Conduct of Crown Legal
Business for information on when Crown Solicitors may be directly instructed. For
the avoidance of doubt, Crown Solicitors may be instructed for a single appearance
on a case or for any part of a case covered by the Cabinet Directions and these fee
arrangements.
6.
For the purposes of 4.3 above the Crown Prosecution Regulations 2013 provide that
the Solicitor-General will assume responsibility for:
6.1
All category 4 offences from the time the proceeding is transferred to the
High Court after the defendant’s first appearance.
6.2
All offences that are listed in the Schedule to the Regulations from the time
the proceeding is adjourned following the entry of a plea.
6.3
All jury trials for any remaining category 3 offences that are not listed in the
Schedule to the Regulations from the time the proceeding is adjourned for
trial callover following case review.
6.4
A proceeding that is transferred to the High Court in any other case, from
the time the proceeding is transferred to the High Court.
6.5
A proceeding for any other offence if the Solicitor-General directs that the
proceeding be conducted as a Crown prosecution from the time the
direction is given.
Classification of counsel
7.
References in this appendix to senior, intermediate and junior prosecutors refer to
the classification of prosecutors by the Solicitor-General pursuant to the Terms of
Office for Crown Solicitors.
Hourly rate of remuneration
8.
The hourly rates are:
8.1
Senior prosecutor $240;
10 This does not cover appeals to the High Court on these issues as they are funded by Crown Law.
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8.2
Intermediate prosecutor $192;
8.3
Junior prosecutor $140.
Time allowed for activities
9.
Unless otherwise stated time may be charged in units no larger than 15 minutes and,
subject to the maxima, fees are based on actual time spent.
Summary prosecutions commenced prior to 1 July 2013 (work done after that date)
10.
A maximum of seven hours preparation may be billed for each Court appearance,
including defended hearings and sentencing hearings. Appearance time should be
billed on the basis of actual time spent, in units no larger than 15 minutes, with the
exception of defended hearings which should be billed by the half day or part
thereof. A half day is four hours.
11.
Where an appearance relates to more than one matter, the appearance time should be
apportioned between those matters.
Appeals to the High Court filed prior to 1 July 2013
12.
A maximum of five hours preparation may be billed for appeals by the informant to
the High Court or for case stated appeals by the Police until the case is stated.11
Appearance time should be billed on the basis of actual time spent, in units no larger
than 15 minutes. Where an appearance relates to more than one matter, the
appearance time should be apportioned between those matters.
13.
The maxima in this section include time spent preparing for interlocutory
appearances in respect of appeals.
Other matters commenced prior to 1 July 2013
14.
A maximum of ten hours preparation may be billed for any matter in the High Court
where not provided for above. Appearance time should be billed on the basis of
actual time spent, in units no larger than 15 minutes, with the exception of defended
11 This covers only appeals by departments (but not the Police) against decisions of the District Court. Crown Law funds
all criminal appeals to the High Court in respect of summary cases where the appeal is by the offender or by the Police
and this work is covered by the annual fee set for that work. The exception is for case stated appeals by the Police where
the Police fund until the case is stated. This approach, in terms of who pays, also applies to appeals under the Criminal
Procedure Act 2011.
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hearings which should be billed by the half day or part thereof. A half day is four
hours. Where an appearance relates to more than one matter, the appearance time
should be apportioned between those matters.
15.
A maximum of seven hours preparation may be billed for any other matter not
provided for above. Appearance time should be billed on the basis of actual time
spent, in units no larger than 15 minutes, with the exception of defended hearings
which should be billed by the half day or part thereof. A half day is four hours.
Where an appearance relates to more than one matter, the appearance time should be
apportioned between those matters.
Cases initiated from 1 July 2013 under the Criminal Procedure Act 2011
16.
This section and the attached appendix sets out the maximum time and therefore
fees payable for cases initiated from 1 July 2013 under the Criminal Procedure Act
2011. These prosecutions have been divided into stages as follows:
16.1 A pre-prosecution stage covering the work involved up to and including the
filing of charging documents, such as reviewing the evidence, directing
further enquiries, providing advice as to whether a prosecution should be
commenced and drafting charges. Up to ten hours is allowed for this stage.
16.2 The administrative/review stage incorporating the period from first
appearance to completion of case review. During this stage the prosecutor
will be attending to outstanding investigative matters, and liaising with the
defence to complete the case management memorandum and dealing with
issues such as bail, name suppression and media coverage. There will be at
least three court appearances during this period, namely first appearance, plea
entry and case review. Up to ten hours preparation is allowed for this stage.
Appearance time should be billed on the basis of actual time spent, in units
no larger than 15 minutes.
16.3 A pre-trial stage (excluding appeals from pre-trial decisions). This stage will
encompass any pre-trial applications including for orders as to admissibility
or orders dealing with severance or a change of venue. Up to 10 hours
preparation per application is allowed. This limit reflects the fact that written
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submissions will almost certainly be required. Appearance time should be
billed on the basis of actual time spent, in units no larger than 15 minutes.
16.4 A trial phase. Up to ten hours preparation time for trial (whether prior to or
during trial), which will include the preparation of briefs of evidence if
required,12 may be claimed. Appearance time for trials of four hours’
duration or less should be billed on the basis of actual time spent, in units no
larger than 15 minutes. For trials of more than four hours’ duration
appearance time should be billed by the half day or part thereof. A half day is
four hours. Where an appearance relates to more than one matter, the
appearance time should be apportioned between those matters.
16.5 A sentencing phase. Up to seven hours is allowed for preparation for
sentencing. Appearances should be billed on the basis of actual time spent,
in units no larger than 15 minutes. Not all cases will have a separate
sentencing hearing and therefore the appearance time will either be rolled up
in the trial time or charged separately. The preparation time is available
under either scenario.
16.6 In addition to the above, a further two hours may be claimed for attending to
disclosure (if required).
16.7 Appeals filed by offenders, or by the Police in relation to Police prosecutions,
are funded by Crown Law and come within the annual fee arrangements for
Crown Solicitors. In respect of appeals brought by Departments, up to ten
hours’ preparation from the date the appeal is filed may be claimed.
Appearances should be billed on the basis of actual time spent, in units no
larger than 15 minutes.
17.
All correspondence with, or reporting to, the instructing department is included in
and covered by the above allowances.
12
This paragraph is drafted with the expectation that briefs of evidence will have been prepared by the instructing
department. The reference to preparing briefs of evidence refers to the finalisation of those briefs by making
amendments where required, for example by removing inadmissible evidence. Where the instructing department
wishes the Crown Solicitor to attend to the initial preparation of briefs of evidence, this must be agreed in accordance
with paragraph 18.
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Additional activities
18.
Any additional matters not covered above, for example pre-charge advice, the
preparation of briefs of evidence where briefs have not been prepared by the
instructing department, or work done in relation to appeals before the appeal is filed
(such as advice as to whether an appeal should be pursued, and drafting appeal
documentation), will be undertaken by Crown Solicitors on the specific instructions
of the department, subject to an agreed estimate of hours and at the set hourly rates.
Complex proceedings
19.
In exceptional cases, Crown Solicitors may seek the prior approval of the instructing
department to carry out additional work and incur fees for particularly complex
cases. The following factors may indicate that the case is exceptional and complex:
19.1
Multiple defendants;
19.2
Expert or highly technical evidence called by the prosecution;
19.3
A very large volume of evidence;
19.4
An indication of a large number of pre-trial applications by the defence,
impacting on the conduct of the prosecution;
19.5
High profile or sensitive prosecution where that significantly increases the
work required.
20.
In these circumstances, the Crown Solicitor must provide the department with an
estimate setting out the additional costs by stage and seek approval for the additional
time which will be needed to be spent. This approval should be sought before any
work is undertaken.
21.
The Crown Solicitor may also seek to have second counsel assigned. That is subject
to the prior approval of the instructing department. The fees claimable for second
counsel, whether or not from the Crown Solicitor firm, for preparation and
appearance shall be determined as if the second counsel were employed at the Crown
Solicitor firm and acting as sole counsel.
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Instructing agents
22.
With the approval of the instructing department, a Crown Solicitor may instruct an
agent. The agent’s fees will be charged to the Crown Solicitor, who may then claim
reimbursement from the department.
23.
The Crown Solicitor may claim a maximum of one hour for instructing the agent.
Disbursements
24.
Disbursements may be reimbursed as set out in this section. Where a Crown
Solicitor incurs expenses as a result of work for two departments those costs should
be split equally. This will most frequently arise with travel time and travel expenses.
Travelling expenses
25.
Travel expenses including an allowance for travel time may be reimbursed where the
Crown Solicitor is required to travel more than 5km from his or her usual place of
business.
Allowance for travel time
26.
For each hour of travel an allowance shall be payable at the following rates:
26.1
In the case of a Crown Solicitor or senior lawyer 66 per cent of the senior
hourly rate of remuneration;
26.2
In the case of an intermediate lawyer, 53 per cent of the senior hourly rate
of remuneration; and
26.3
In the case of a junior lawyer 43 per cent of the senior hourly rate of
remuneration.
27.
This allowance will not be payable in addition to any other payment for preparation
or other fee in respect of the same time.
Use of a private car
28.
When using a private car mileage at the applicable IRD rate may be claimed as a
reimbursement. Evidence of travel distance is not required but should be recorded
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on the invoice. Costs such as petrol, insurance excess and fines are not claimable in
addition to the IRD rate.
Taxi or rental car
29.
Actual and reasonable costs may be claimed where it is more cost effective than
travel by private car.
Airfares etc
30.
Actual and reasonable costs may be claimed, subject to agreement with the
department.
Accommodation and meals for overnight travel
31.
Where it is agreed with the department that overnight travel is required, the following
costs may be claimed:
31.1
Up to $200 per night for accommodation;
31.2
Up to $40 per meal per night away.
Expert witnesses
32.
Expert witnesses are to be engaged in consultation with the department. The Crown
Solicitor’s firm is responsible for initially meeting the fees of the expert and may then
be reimbursed by the department.
Office related disbursements
33.
Photocopying at 0.12c per page for black and 0.25c per page for colour copying;
34.
Actual and reasonable costs may be claimed for cell phone and tolls calls, postage,
courier and fax costs.
Alternative fee arrangements
35.
Departments may enter into alternative fee arrangements with Crown Solicitors,
subject to the approval of the Solicitor-General. Examples which may be considered
include:
35.1
Fixed price or capped fee:
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35.2
Retainer arrangements;
35.3
Volume based discount.
36.
These will mainly work where a department provides a lot of work to a particular
Crown Solicitor’s office or where a department has a number of cases that are very
similar.
37.
Alternatively a department may wish to enter into an alternative fee arrangement due
to the special expertise or level of service required.
Crown Solicitors working with departments
38.
Crown Solicitors must comply with any requirements of departments in relation to
invoicing, reporting and providing estimates.
Review
39.
Crown Law will review the fees framework in time for any changes to be
implemented on 1 July 2015. The review will include consultation with departments
and Crown Solicitors.
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