Right for Once

Since the introduction of Police Station standard fee I have only had a single opportunity to discuss working interpretations with an LSC/LAA representative. It was a perfectly reasonable chat and the areas of contention were more reflective of gaps in the, then, Commissions thinking rather than a lack of knowledge on his part.

Two related audit decisions stick in the memory; they involved a the issue of single or multiple claims and stood or fell on the definition of “an occasion”. On one, second interview, on the same day, following charge on an earlier matter, we “lost”. On the other, second interview the following morning we “won”. There was no rhyme nor reason for this – one did not then exist.

The however has now been “clarified” at new CBAM S. 5.9.6 (third row, third column of table). This defines “one occasion” as “the same continuous period of detention”.

Frankly this was the interpretation we had always use in training, costs drafting and advising. Nice to know you are right

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