R v McGinley

R v McGinley

The AGFS Banding Document cannot be applied retrospectively to cases governed by the pre-April 2018 Table of Offences. The offences in question are not sexual offences and therefore cannot be classified as Class J. The Determining Officer was correct to classify them as Class B under the applicable regulations.

Parties
Prosecutor: R; Defendant: McGinley
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Costs Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Offence Classification, Legal Aid Remuneration, Modern Slavery, Trafficking, Conspiracy
Criminal Law Legal Aid Costs Offence Classification Legal Aid Remuneration Modern Slavery Trafficking Conspiracy

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Parties

R

Prosecutor

McGinley

Defendant

Procedural Posture

Criminal Costs Appeal / Appeal Judgment

Legal Issues

  1. 1 How should offences of trafficking and forced labour be classified for the purposes of calculating graduated fees under the Criminal Legal Aid (Remuneration) Regulations 2013 for Representation Orders made before 1 April 2018?
  2. 2 Can the AGFS Banding Document be applied retrospectively to reclassify offences under the pre-April 2018 Table of Offences?

Ratio Decidendi

The AGFS Banding Document cannot be applied retrospectively to cases governed by the pre-April 2018 Table of Offences. The offences in question are not sexual offences and therefore cannot be classified as Class J. The Determining Officer was correct to classify them as Class B under the applicable regulations.

Court Disposition

appeal dismissed