Annex D: Comparison between the UCC and the SCC in Prison Law 2008 Contract- UCC 2010 Contract- SCC Amendments to 2010 SCC (effective from 2nd December 2013) Contract N/A Prison Law Section New prison law section contained in Part B of the inserted into Standard Unified Contract. Crime Contract (‘SCC), section 12 - Providers must comply with Ts&Cs. N/A N/A Supervisor Requirement of to ‘SCC’ requirement have a prison law supervisor. (Part B 12.1) Fees Fees paid at hourly rates N/A Fees introduced for Advice and Assistance. Standard Fees introduced for Advocacy Assistance Sufficient benefit test Advice & assistance may The sufficient benefit test N/A only be provided on legal was revised to include: N.B in certain cases issues concerning There should be realistic the sufficient benefit English Law and where prospect of a positive test will automatically there is sufficient benefit outcome that would be of be met under the to the client having real benefit to the Client. revised scope (see regard to the (Part B 12.6) paragraphs 12.6.5, circumstances of the 12.7.3, 12.7.4 and matter including the -The Provider must keep a 12.8.3 for specific personal circumstances note on their file which details). of the client, to justify explains how the sufficient work or further work benefit test has been met. being carried out. (Part B 12.7) Treatment The sufficient benefit test A Provider must obtain These cases are no must be satisfied in order prior approval using the longer in scope of the to provide Advice and specified form before they SCC 2010 with effect from 2nd December Assistance. commence a treatment 2013. case. (Part B 12.5) The sufficient benefit test is intended to prevent a Qualifying criteria: Client Provider starting or must be financially continuing to carry out eligible as assessed under work where there is no CDS (general)(no.2) Regs
Annex D: Comparison between the UCC and the SCC in Prison Law 2008 Contract- UCC 2010 Contract- SCC Amendments to 2010 SCC (effective from 2nd December 2013) Contract Prison Law Section contained in Part B of the Unified Contract. New prison law section inserted into Standard Crime Contract (‘SCC), section 12 - Providers must comply with Ts&Cs. N/A Supervisor requirement N/A Requirement of ‘SCC’ to have a prison law supervisor. (Part B 12.1) N/A Fees Fees paid at hourly rates Fees introduced for Advice and Assistance. Standard Fees introduced for Advocacy Assistance N/A Sufficient benefit test Advice & assistance may only be provided on legal issues concerning English Law and where there is sufficient benefit to the client having regard to the circumstances of the matter including the personal circumstances of the client, to justify work or further work being carried out. The sufficient benefit test was revised to include: There should be realistic prospect of a positive outcome that would be of real benefit to the Client. (Part B 12.6) -The Provider must keep a note on their file which explains how the sufficient benefit test has been met. (Part B 12.7) N/A N.B in certain cases the sufficient benefit test will automatically be met under the revised scope (see paragraphs 12.6.5, 12.7.3, 12.7.4 and 12.8.3 for specific details). Treatment The sufficient benefit test must be satisfied in order to provide Advice and Assistance. The sufficient benefit test is intended to prevent a Provider starting or continuing to carry out work where there is no A Provider must obtain prior approval using the specified form before they commence a treatment case. (Part B 12.5) Qualifying criteria: Client must be financially eligible as assessed under CDS (general)(no.2) Regs These cases are no longer in scope of the SCC 2010 with effect from 2nd December 2013.