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The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

Type Ni-Statutory-Rule

Publication 2005-03-09

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 9th March 2005

To be laid before Parliament

Coming into operation: 4th April 2005

The Lord Chancellor, in exercise of the powers conferred by Article 36(3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[^f00001], and now vested in him[^f00002], and of all other powers enabling him in that behalf, after consultation with the Lord Chief Justice, the Attorney General and the Crown Court Rules Committee and with the approval of the Treasury, and having had regard to the matters specified in Article 37, hereby makes the following Rules:

Citation and commencement

1

These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 and shall come into operation on 4th April 2005.

Interpretation

2

In these Rules, unless the context otherwise requires –

“Application Fee” has the meaning given by paragraphs 12(2), 13(3), 14(2) and 16 of Schedule 1;

“Basic Trial Fee” has the meaning given by paragraph 3 of Schedule 1;

“case” means proceedings—in the Crown Court against one assisted person-on one or more counts of a single indictment; orarising out of a single alleged breach of an order of the Crown Court,and a case falling within sub-paragraph (ii) shall be treated as a separate case from the proceedings in which the order was made; orwhere the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;as the case may be.

“Certificate of Exceptionality” has the meaning given by rules 11A to 11E;

“Class of Offence” has the meaning given by paragraphs 4 and 5 of Schedule 1;

“costs” means, in the case of a solicitor, the fees and disbursements payable under Article 36 of the Order and, in the case of an counsel, the fees payable under that Article;

“counsel” means counsel assigned under a criminal aid certificate granted under Article 29 of the Order, or counsel who undertook the defence of a person at the request of the judge under Article 36(2) of the Order , or counsel assigned under Article 28 of the Order for a case where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“court-ordered youth conference” has the meaning given by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“the Department” means the Department of Justice established by the Department of Justice Act (Northern Ireland) 2010;

“disbursements” means travelling and witness expenses and other out of pocket expenses incurred by a solicitor in giving legal aid;

“fee-earner” means a solicitor or any clerk who regularly does work for which it is appropriate to make a direct charge to the client;

“Guilty Plea Fee” has the meaning given by paragraph 3 of Schedule 1;

“Trial Preparation Fee” has the meaning given by paragraph 3 of Schedule 1;

“legal aid” means legal aid given under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order , or granted under Article 28 of the Order for a case where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“main hearing” means— in relation to a case which goes to trial, the trial,in relation to a case where a Trial Preparation Fee is payable ..., the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing, andin relation to any proceedings specified in paragraph 2 of Schedule 1, the final hearing

“meeting” has the meaning given by Article 3A(1) and (2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“Newton hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;

“the Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[^f00005];

“PPE Range” means the number of pages of prosecution evidence, and for this purpose the number of pages of prosecution evidence includes all–witness statements,documentary and pictorial exhibits,records of interviews with the assisted person, andrecords of interviews with other defendants, served on the court;

“Queen’s Counsel” includes senior counsel practising outside of Northern Ireland;

“Refresher Fee” in respect of a solicitor has the meaning given by rule 8(3), and in respect of an counsel has the meaning given by rule 11(3);

“representative” means a solicitor or an counsel;

“the 1992 Rules” means the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992[^f00006];

“solicitor” means a solicitor assigned under a criminal aid certificate granted under Article 29 of the Order, or a solicitor who undertook the defence of a person at the request of the judge under Article 36(2) of the Order or a solicitor assigned under Article 28 of the Order for a case where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“Table of Offences” has the meaning given by paragraphs 4 and 5 of Schedule 1;

“taxing master” means the Master (Taxing Office);

“trial” includes contest proceedings where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) 1998;

“youth conference” has the meaning given by Article 3A(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“youth conference co-ordinator” has the meaning given by Article 3A(3) of the Criminal Justice (Children) (Northern Ireland) Order 1998.

Application and transitional arrangements

3

(1) Subject to paragraphs (2) and (4), these Rules shall apply for the determination of costs which are payable in respect of work done under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order on or after 4th April 2005.

(2) A representative whose fees under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order before 4th April 2005 would otherwise be determined in accordance with the 1992 Rules may apply to the Department to have his fees determined and paid in accordance with these Rules.

(3) Where the Department grants an application made under paragraph (2), the representative shall submit his claim in accordance with rule 7 or rule 10 as applicable and, in so doing, he shall forfeit any entitlement to have his fees determined and paid in accordance with the 1992 Rules.

(4) These Rules shall apply for the determination of costs which are payable in respect of work done under a criminal aid certificate granted under Article 28 of the Order on or after 1st December 2024, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998.

General

4

(1) ... Costs in respect of work done under a criminal aid certificate to which these Rules apply shall be determined by the Department in accordance with these Rules and having regard to such directions and guidance as may be issued by the Lord Chancellor.

(2) In determining costs, the Department shall, subject to and in accordance with these Rules –

(a) take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved; and

(b) allow a reasonable amount in respect of all work reasonably undertaken and properly done.

(3) Nothing in these Rules permits the payment of a leading junior counsel fee to counsel or a solicitor of less than fifteen years’ standing.

Interim payment of disbursements

5

(1) A solicitor may submit a claim to the Department for payment of a disbursement for which he has incurred liability in criminal proceedings in ... Court in accordance with the provisions of this rule.

(2) A claim for payment may be made where –

(a) the disbursement falls within any guidance issued by the Department in respect of criminal proceedings in ... Court, or the solicitor has obtained prior authority from the Department to incur the expenditure; and

(b) the total liability for such disbursement exceeds £250.

(3) Without prejudice to rule 9(4), a claim under paragraph (1) shall not exceed £3,500 or the maximum fee authorised under the prior authority, whichever is the greater.

(4) A claim for payment under paragraph (1) may be made at any time before the solicitor submits a claim for costs under rule 7(2).

(5) A claim under paragraph (1) shall be submitted to the Department in such form and manner as it may direct and shall be accompanied by the authority to incur the expenditure (if applicable) and any invoices or other documents in support of the claim.

(6) The Department shall allow the disbursement, subject to the limit in paragraph (3), if it appears to have been reasonably incurred and discharged in accordance with the guidance or prior authority.

(7) Where the Department allows the disbursement, it shall notify the solicitor and authorise payment to him accordingly.

(8) Rules 13 to 15 (redetermination etc.) shall not apply to a payment under this rule.

(9) In this rule, “Court” means—

(a) the Crown Court; or

(b) the magistrates’ court, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

as the case may be.

Interim disbursements and final determination of costs

6

(1) On a final determination of costs, rules 7(2) and (3)(e) and 9 shall apply notwithstanding that a payment has been made under rule 5.

(2) Where the amount found to be due under rule 9 in respect of a disbursement is less than the amount paid under rule 5 (“the interim disbursement”), the Department shall deduct the difference from the sum otherwise payable to the solicitor on the determination of costs, and where the amount due under rule 9 exceeds the interim disbursement, the Department shall add the difference to the amount otherwise payable to the solicitor.

Claims for costs by solicitors

7

(1) Subject to rule 19, no claim by a solicitor for costs in respect of work done under a criminal aid certificate shall be entertained unless he submits it within three months of the conclusion of the proceedings to which the criminal aid certificate relates ....

(2) Subject to paragraph (3), a claim for costs shall be submitted to the Department in such form and manner as it may direct and shall be accompanied by any receipts or other documents in support of any disbursement claimed.

(3) A claim shall –

(a) summarise, where appropriate, the items of work done by a fee-earner in respect of which fees are claimed according to the classes of fee specified in rule 8(3);

(b) state the dates on which the items of work were done, the time taken where appropriate, the sums claimed and whether the work was done for more than one assisted person;

(d) give particulars of any work done in relation to more than one indictment or a retrial; and

(e) specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where there are any special circumstances which should be drawn to the attention of the Department, the solicitor shall specify them.

(6) The solicitor shall supply such further particulars, information and documents as the Department may require.

Determination of solicitors' fees

8

(1) The Department shall consider the claim, any further particulars, information or documents submitted by the solicitor under rule 7 and any other relevant information and shall allow such work as appears to it to have been reasonably undertaken and properly done.

(2) Subject to the provisions of this rule, the Department shall allow fees for work allowed by it under this rule in accordance with Schedule 1.

(3) The Department may, except in relation to work for which a Guilty Plea Fee is payable or a fixed fee is allowed under paragraph (15), allow any of the following classes of fee to the solicitor in respect of work allowed by it under this rule –

(a) a Basic Trial Fee or Trial Preparation Fee, as applicable ..., for preparation and, where appropriate, the first day’s hearing including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(b) a Refresher Fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(c) subsidiary fees for attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by sub-paragraph (a) or (b).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14A) Costs in respect of work done in a case which proceeded to trial and that trial lasted more than 80 days shall be assessed by the Department in accordance with paragraph (14B), and on an exceptional basis may be submitted to the Department for approval.

(14B) When assessing the costs payable under paragraph (14A), the Department shall have regard to–

(a) the Basic Trial Fee and the Refresher Fee payable for trials lasting between 17 and 80 days; and

(b) any Additional Fees which would otherwise be payable under Part 4 of Schedule 1.

(15) In any proceedings specified in paragraph 2 of Schedule 1, the Department shall allow a fixed fee calculated in accordance with paragraphs 19, 20(2) and 21(2) and (3), together with any travelling allowance payable under paragraph 29(1), of that Schedule.

Determination of solicitors' disbursements

9

(1) Subject to the provisions of this rule, the Department shall allow such disbursements claimed under rule 7 as appear to it to have been actually and reasonably incurred.

(2) No question as to the propriety of any step or act in relation to which prior authority has been obtained under these Rules shall be raised on any determination of costs, unless the solicitor knew or ought reasonably to have known that the purpose for which the authority was given had failed or had become irrelevant or unnecessary before the costs were incurred.

(3) Where costs are reasonably incurred in accordance with and subject to the limit imposed by a prior authority given under these Rules, no question shall be raised on any determination of costs as to the amount of the payment to be allowed for the step or act in relation to which the authority was given.

(4) Where costs are incurred in taking any steps or doing any act for which authority may be given under these Rules, without such authority having been given or in excess of any fee so authorised, payment in respect of those costs may nevertheless be allowed on a determination of costs.

Claims for fees by advocates

10

(1) Subject to rule 19, no claim by an counsel for fees for work done under a criminal aid certificate shall be entertained unless he submits it within three months of the conclusion of the proceedings to which the criminal aid certificate relates ....

(2) Subject to paragraph (3), a claim for fees shall be submitted to the Department in such form and manner as it may direct.

(3) A claim shall –

(a) summarise, where appropriate, the items of work in respect of which fees are claimed according to the classes of fee specified in rule 11(3);

(b) state the dates on which the items of work were done, the time taken where appropriate, the sums claimed and whether the work was done for more than one assisted person; and

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where there are any special circumstances which should be drawn to the attention of the Department, the counsel shall specify them.

(6) The counsel shall supply such further particulars, information and documents as the Department may require.

Determination of advocates' fees

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