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The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2016

Type Ni-Statutory-Rule
Publication 2016-03-23
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

Made: 23rd March 2016

Coming into operation: 15th April 2016

In accordance with Article 37 of that Order, the Department has had regard to the matters specified in that Article.

Citation and commencement

1

These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2016 and shall come into operation on 15th April 2016.

2

In these Rules a reference to a rule or Schedule by number alone is a reference to the rule or Schedule so numbered in or to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005[^f00003].

Application and transitional arrangements

3

  • (1) Without prejudice to paragraphs (2) to (5), these Rules 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 Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 on or after 5th May 2015.
  • (2) Paragraphs (3) to (5) apply where –
  • (a) a claim had been submitted to the Department under rule 8 or 11, as applicable, 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 Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 on or after 5th May 2015; and
  • (b) the costs payable to the representative had been determined and paid by the Department before 23rd March 2016.
  • (3) The Department shall, whether or not the representative applies under rule 13, redetermine the costs payable under rule 13(6)(b) as if the representative had applied under rule 13(1)(c).
  • (4) Where the costs are increased as a result of a redetermination made under paragraph (3) (“the new determination”), the Department shall authorise payment of the increase.
  • (5) Rules 13 to 15 (redetermination etc.) shall apply to the new determination as if that determination had been made under rule 8 or 11, as applicable.
  • (6) In this rule, “the Department” means the Department of Justice.

4

The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 are amended as follows.

5

In rule 2, in the definition of “main hearing”, omit the words “to counsel”.

6

In rule 8(3)(a), after “Basic Trial Fee” insert “or Trial Preparation Fee, as applicable”.

7

In Schedule 1 –

  • (a) in paragraph 3(2), after the words “one or more counts” insert the words “at the first arraignment”;
  • (b) in paragraph 3(3), omit the words “to counsel”;
  • (c) following paragraph 7, for the Tables of Basic Trial Fees, substitute the following Tables–
Offence Actual Duration of Trial Actual Duration of Trial Actual Duration of Trial
falling within PPE Range Trial Fee 1 1 to 8 days Trial Fee 2 9 to 16 days Trial Fee 3 17 to 80 days
Class A 1 – 750 £5,607 £7,457 £11,159
Class A 751 – 1,500 £8,666 £10,517 £14,218
Class A 1,501 – 3,000 £11,725 £13,576 £17,277
Class B 1 – 750 £2,017 £2,904 £4,239
Class B 751 – 1,500 £3,227 £4,113 £5,449
Class B 1,501 – 3,000 £4,436 £5,323 £6,658
Class C 1 – 750 £1,235 £1,767 £2,562
Class C 751 – 1,500 £2,039 £2,570 £3,366
Class C 1,501 – 3,000 £2,842 £3,374 £4,169
Class D 1 – 750 £3,123 £4,683 £6,229
Class D 751 – 1,500 £4,987 £6,549 £8,095
Class D 1,501 – 3,000 £6,853 £8,415 £9,959
Class E 1 – 750 £1,235 £1,767 £2,562
Class E 751 – 1,500 £2,039 £2,570 £3,366
Class E 1,501 – 3,000 £2,842 £3,374 £4,169
Class F 1 – 750 £1,431 £2,047 £2,967
Class F 751 – 1,500 £2,290 £2,905 £3,826
Class F 1,501 – 3,000 £3,148 £3,764 £4,685
Class G 1 – 750 £2,341 £3,513 £4,672
Class G 751 – 1,500 £3,746 £4,917 £6,076
Class G 1,501 – 3,000 £5,152 £6,322 £7,482
Class H 1 – 750 £1,235 £1,767 £2,562
Class H 751 – 1,500 £2,039 £2,570 £3,366
Class H 1,501 – 3,000 £2,842 £3,374 £4,169
Class I 1 – 750 £1,235 £1,767 £2,562
Class I 751 – 1,500 £2,039 £2,570 £3,366
Class I 1,501 – 3,000 £2,842 £3,374 £4,169
Queen’s Counsel
--- --- --- --- ---
Actual Duration of Trial
Offence falling within Trial Fee 1 1 to 8 days Trial Fee 2 9 to 16 days Trial Fee 3 17 to 24 days Trial Fee 4 25 to 32 days
Class A £6,000 £8,000 £12,000 £16,000
Class B £2,886 £4,150 £6,044 £8,058
Class C £2,526 £3,609 £5,231 £6,975
Class D £4,000 £6,000 £8,000 £12,000
Class E £2,526 £3,609 £5,231 £6,975
Class F £2,526 £3,609 £5,231 £6,975
Class G £3,609 £5,412 £7,216 £9,620
Class H £2,526 £3,609 £5,231 £6,975
Class I £2,526 £3,609 £5,231 £6,975
Leading Junior Counsel
--- --- --- --- ---
Actual Duration of Trial
Offence falling within Trial Fee 1 1 to 8 days Trial Fee 2 9 to 16 days Trial Fee 3 17 to 24 days Trial Fee 4 25 to 32 days
Class A £4,500 £6,000 £9,000 £12,000
Class B £2,165 £3,112 £4,533 £6,044
Class C £1,894 £2,707 £3,924 £5,233
Class D £3,000 £4,500 £6,000 £9,000
Class E £1,894 £2,707 £3,924 £5,233
Class F £1,894 £2,707 £3,924 £5,233
Class G £2,707 £4,059 £5,412 £7,216
Class H £1,894 £2,707 £3,924 £5,233
Class I £1,894 £2,707 £3,924 £5,233
Sole Junior Counsel
--- --- --- --- ---
Actual Duration of Trial
Offence falling within Trial Fee 1 1 to 8 days Trial Fee 2 9 to 16 days Trial Fee 3 17 to 24 days Trial Fee 4 25 to 32 days
Class A £3,900 £5,200 £7,800 £10,400
Class B £1,877 £2,697 £3,929 £5,238
Class C £1,642 £2,345 £3,401 £4,355
Class D £2,600 £3,900 £5,200 £7,800
Class E £1,642 £2,345 £3,401 £4,535
Class F £1,642 £2,345 £3,401 £4,535
Class G £2,345 £3,518 £4,690 £6,253
Class H £1,642 £2,345 £3,401 £4,535
Class I £1,642 £2,345 £3,401 £4,535
  • (d) after the Tables of Basic Trial Fees and Refresher Fees following paragraph 7, insert –

(7A) (1) This paragraph applies where a fee is payable to a solicitor under this Part. (2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the solicitor of £1 per each additional page.

  • (e) in paragraph 8, before paragraph (3) insert –

(1A) The amount of the standard fee for a representative representing one assisted person in a guilty plea shall be the fee specified in paragraph 9 as appropriate to whether the case was a Guilty Plea or a Trial Preparation case, the representative (including the category of counsel instructed, as applicable) and the offence with which the assisted person was charged. (2A) In a case where a Guilty Plea Fee is payable, subject to paragraphs 14, 15A, 18A, 18B, 29 and 30, the amount so payable shall be an all-inclusive fee.

  • (f) in paragraph 8(3), omit the words “a Guilty Plea Fee or”;
  • (g) in paragraph 8(4), in the definition of “G2”, omit the words –
  • (i) “Guilty Plea Fee or”;
  • (ii) “where applicable”;
  • (h) for paragraph 9, substitute –

(9) For the purposes of paragraph 8 the fee appropriate to any offence shall be that specified in the Table below as appropriate to whether the case was a Guilty Plea or a Trial Preparation case, the representative (including the category of counsel instructed, as applicable) and the Class within which that offence falls according to paragraph 5, including the PPE Range where applicable.

  • (i) following paragraph 9, for the Tables of Guilty Plea Fees and Trial Preparation Fees, substitute the following Tables –

(a) Guilty Plea Fees

Offence falling within Fee
Class A £5,729
Class B £1,375
Class C £913
Class D £2,838
Class E £913
Class F £976
Class G £1,597
Class H £913
Class I £913
Offence falling within Queen’s Counsel Fee
--- ---
Class A £2,860
Class B £1,440
Class C £1,234
Class D £1,976
Class E £1,234
Class F £1,234
Class G £1,563
Class H £1,234
Class I £1,234

(b) Trial Preparation Fees

Offence falling within PPE Range Fee
Class A 1 – 750 £6,371
Class A 751 – 1,500 £11,073
Class A 1,501 – 3,000 £24,915
Class B 1 – 750 £1,604
Class B 751 – 1,500 £2,788
Class B 1,501 – 3,000 £6,275
Class C 1 – 750 £1,053
Class C 751 – 1,500 £1,831
Class C 1,501 – 3,000 £4,119
Class D 1 – 750 £3,193
Class D 751 – 1,500 £5,549
Class D 1,501 – 3,000 £12,486
Class E 1 – 750 £1,053
Class E 751 – 1,500 £1,831
Class E 1,501 – 3,000 £4,119
Class F 1 – 750 £1,138
Class F 751 – 1,500 £1,978
Class F 1,501 – 3,000 £4,452
Class G 1 – 750 £1,863
Class G 751 – 1,500 £3,237
Class G 1,501 – 3,000 £7,283
Class H 1 – 750 £1,053
Class H 751 – 1,500 £1,831
Class H 1,501 – 3,000 £4,119
Class I 1 – 750 £1,053
Class I 751 – 1,500 £1,831
Class I 1,501 – 3,000 £4,119
Offence falling within Queen’s Counsel Fee
--- --- ---
Offence falling within PPE Range Queen’s Counsel Fee
Offence falling within Queen’s Counsel Fee
Class A 1 – 750 £4,500
Class A 751 – 1,500 £8,400
Class A 1,501 – 3,000 £18,900
Class B 1 – 750 £2,028
Class B 751 – 1,500 £4,134
Class B 1,501 – 3,000 £9,804
Class C 1 – 750 £1,781
Class C 751 – 1,500 £3,623
Class C 1,501 – 3,000 £8,095
Class D 1 – 750 £3,000
Class D 751 – 1,500 £6,337
Class D 1,501 – 3,000 £13,424
Class E 1 – 750 £1,781
Class E 751 – 1,500 £3,623
Class E 1,501 – 3,000 £8,585
Class F 1 – 750 £1,781
Class F 751 – 1,500 £3,623
Class F 1,501 – 3,000 £8,585
Class G 1 – 750 £2,600
Class G 751 – 1,500 £5,233
Class G 1,501 – 3,000 £12,320
Class H 1 – 750 £1,781
Class H 751 – 1,500 £3,623
Class H 1,501 – 3,000 £8,585
Class I 1 – 750 £1,781
Class I 751 – 1,500 £3,623
Class I 1,501 – 3,000 £8,585
  • (j) in paragraph 9A, substitute –

(9A) (1) This paragraph applies where a Trial Preparation Fee is payable to a representative under this Part. (2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the representative of £1 per each additional page.

  • (k) for paragraph 27, substitute –

(27) Where a solicitor was dismissed by the assisted person, or the Department is satisfied that he was obliged to withdraw from the case for compelling professional reasons, the Department may, in its discretion, allow the following fees to the solicitor – (a) if the solicitor was dismissed or withdrew within one week of the date of the first arraignment, a Guilty Plea Fee as appropriate to the offence with which the assisted person was charged; (b) if the solicitor was dismissed or withdrew after the first arraignment and before the trial (if any) commenced, a Trial Preparation Fee as appropriate to the offence with which the assisted person was charged; (c) in any other circumstances, such amount as it considers to be reasonable in all the circumstances.

Signed

Sealed with the Official Seal of the Department of Justice on 23rd March 2016

David Ford — Minister of Justice

The Department of Finance and Personnel hereby approves the foregoing Rules

Sealed with the Official Seal of the Department of Finance and Personnel on 23rd March 2016

Emer Morelli — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005, which prescribe the remuneration for solicitors and counsel assigned under Articles 29 or 36(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

The Rules –

  • introduce new standard fees, payable to solicitors as Trial Preparation Fees, for cases in which the assisted person pleads guilty to one or more offences after the first arraignment and the case does not proceed to trial (rules 4 and 7(i));
  • substitute increased levels of standard fees for guilty pleas and trials (rules 4 and 7(c) and (i));
  • substitute a new provision regarding the fees payable where a solicitor was dismissed or obliged to withdraw from a case for compelling professional reasons (rules 4 and 7(k)); and
  • make other minor and consequential amendments.

The Rules come into operation on 15th April 2016.

The amendments made by these Rules apply for the determination of costs payable in respect of work done under a criminal aid certificate granted on or after 5th May 2015, subject to a transitional provision (rule 3).

Footnotes

[^f00001]: S.I. 1981/228 (N.I. 8)

[^f00002]: S.I. 1982/159 and S.I. 2010/976

[^f00003]: S.R. 2005 No. 112, which was amended by S.R. 2009 No. 267, S.R. 2011 No. 152, S.R. 2013 No. 293 and S.R. 2015 No. 215

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