CRIMINAL DECISION 60Magistrates' court standard fee enhancement: serious or complex frauds-- Decision: When a claim for enhancement is made under para 3 of pt 1 of sched 1 of the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 the fact that the case was transferred to the Crown Court under s.4 of the Criminal Justice Act l987 is relevant a relevant factor in the decision of the determining officer on whether the case involved exceptional circumstances.-- Commentary: Serious or complex fraud is not defined in the regulations.

Other factors which might also result in complexity are the number of charges, number of witnesses and number of documents.

Practitioners should argue that the factors which can be taken into account should not be limited.

Cases indicating seriousness are certainly likely to be those prosecuted by the Serious Fraud Office, the Fraud Investigations Group of the CPS or the fraud units of Customs and Excise, the Inland Revenue or the Department of Trade and Industry (DTI).CRIMINAL DECISION 61Magistrates' court standard fee: breach proceedings-- Decision: Having regard to pt 3 of sched 1 of the Legal Aid in Criminal and Care Proceedings (Costs) Regulations, a legal aid order granted for breach proceedings which are uncontested c an be a separate case.-- Commentary: This decision makes it clear that a separate category 1 standard fee can be claimed for uncontested breach proceedings.CRIMINAL DECISION 62Work undertaken in a foreign country under a criminal legal aid order-- Decision: When a solicitor undertakes work in a foreign country he or she may be remunerated for what is reasonable waiting time depending on the facts and circumstances of the case including whether, prior to leaving the UK, the solicitor made all reasonable efforts to contact witnesses and, where possible, made convenient appointments.

In respect of enhancement on travelling and waiting times, the solicitor may be allowed an enhancement in accordance with point of principle criminal decision 51.

Where an authority has been granted for reasonable travel and accommodation costs, the authority may include the directly consequential costs of the journey, eg visa charges and innoculation costs.-- Commentary: Items or classes of work allowed at more than the prescribed rates can include travel and waiting time abroad.

Practitioners are advised to record in writing all efforts to contact foreign witnesses in advance of leaving the UK.CRIMINAL DECISION 63Magistrates' court standard fees: driving whilst disqualified, series of offences-- Decision: Whether two or more offences of driving whilst disqualified constitute a series of offences will depend on the circumstances of each case and whether there is sufficient evidential or factual nexus between them.

The fact that the offences are tried or listed for trial separately may be a relevant factor in the determining officer's decision whether there is one or more cases.-- Commentary: This decision simply applies the general principles to be considered in assessing whether there is a series of offences.

Issues which might be considered are whether there are witnesses common to the different offences.LAA 13Persons resident outside England and Wales and the interaction between regulations 10-15 of the legal advice and assistance regulations.-- Decision: Notwithstanding the provision of reg 15 of the Legal Advice and Assistance Regulations if a person who resides outside England and Wales is able to satisfy the criteria under reg 10 'another person' may be instructed to attend upon the solicitor on behalf of the person abroad.-- Commentary: Where the client resides outside England and Wales the solicitor may accept a postal application for advice and assistance with prior authority or a person authorised by the client may sign the form on his or her behalf.

Practitioners must take into account decisions LAA7 and LAA10 (see p.37 Legal Aid Handbook 1996-97), commentaries in the Gazette [1996] 9 May, 30 and guidance on LAA 10.