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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2015 No. 215 URL: http://www.bailii.org/nie/legis/num_reg/2015/nisr_2015215_en_1.html |
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Statutory Rules of Northern Ireland
Legal Aid And Advice
Made
13th April 2015
Coming into operation
5th May 2015
The Department of Justice makes the following Rules in exercise of the powers conferred by Article 36(3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1), and now vested in it(2).
In accordance with Article 36(3) of that Order, the Department has consulted with the Lord Chief Justice, the Attorney General and the Crown Court Rules Committee and it has obtained the approval of the Department of Finance and Personnel.
In accordance with Article 37 of that Order, the Department has had regard to the matters specified in that Article.
1. These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2015 and shall come into operation on 5th May 2015.
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(3).
3.-(1) Without prejudice to paragraph (2), 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) Rules 4 and 12(n) of these Rules also 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 before 5th May 2015 where the costs remain to be determined by the Department of Justice under rule 8 or 11, as applicable.
4. The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 are amended as follows.
5.-(1) In each place where it appears, for the term "the Commission" substitute the term "the Department".
(2) In each place where it appears, for the term "Guilty Plea 1 Fee" substitute the term "Guilty Plea Fee".
6. Subject to rules 9 and 12(h) and (i)(i) of these Rules, in each place where it appears, for the term "Guilty Plea 2 Fee" substitute the term "Trial Preparation Fee".
7. In rule 2-
(a)omit the definition of "the Commission";
(b)for the definition of "main hearing", substitute-
""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 to counsel, the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing, and
in relation to any proceedings specified in paragraph 2 of Schedule 1, the final hearing".
8. In rule 7(1), omit "or within three months of his receipt of a copy of the certificate, whichever is the later".
9. In rule 8(3)(a), omit "or Guilty Plea 2 Fee, as applicable".
10. In rule 10(1), omit "or within three months of his receipt of a copy of the certificate, whichever is the later".
11. In rule 20, for paragraph (5), substitute-
"In paragraph (2) "review period" means the period of three years beginning with 5th May 2015 and each subsequent period of three years.".
12. In Schedule 1-
(a)in paragraph 3(2), omit the words "at the first arraignment";
(b)in paragraph 3(3), after "shall be payable" insert "to counsel";
(c)in paragraph 4, after "and" insert ", subject to paragraph 4A,";
(d)after paragraph 4, insert-
"4A.-(1) This paragraph applies to the following offences-
(a)causing death by dangerous driving, contrary to Article 9 of the Road Traffic (Northern Ireland) Order 1995(4);
(b)causing death by careless driving while under the influence of drink or drugs, contrary to Article 14 of the Road Traffic (Northern Ireland) Order 1995;
(c)aggravated vehicle taking resulting in death, contrary to Article 172B of the Road Traffic (Northern Ireland) Order 1981(5).
(2) Notwithstanding the provisions in paragraphs 4 and 5(1)(a), for the purpose of this Schedule, the offences listed in sub-paragraph (1) shall be deemed to fall within Class D, rather than Class B, in the Table of Offences.";
(e)following paragraph 7, for the Tables of Basic Trial Fees, substitute the following Tables-
| Actual Duration of Trial | ||||
|---|---|---|---|---|
| Offence 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 | £4,153 | £5,524 | £8,266 |
| Class A | 751 – 3,000 | £6,419 | £7,790 | £10,532 |
| Class A | 3,001 – 4,430 | £8,685 | £10,056 | £12,798 |
| Class B | 1 – 687 | £1,494 | £2,151 | £3,140 |
| Class B | 688 – 1,462 | £2,390 | £3,047 | £4,036 |
| Class B | 1,463 – 2,237 | £3,286 | £3,943 | £4,932 |
| Class C | 1 – 714 | £915 | £1,309 | £1,898 |
| Class C | 715 – 1,262 | £1,510 | £1,904 | £2,493 |
| Class C | 1,263 – 1,809 | £2,105 | £2,499 | £3,088 |
| Class D | 1 – 733 | £2,313 | £3,469 | £4,614 |
| Class D | 734 – 1,631 | £3,694 | £4,851 | £5,996 |
| Class D | 1,632 – 2,229 | £5,076 | £6,233 | £7,377 |
| Class E | 1 – 750 | £915 | £1,309 | £1,898 |
| Class E | 751 – 1,636 | £1,510 | £1,904 | £2,493 |
| Class E | 1,637 – 2,521 | £2,105 | £2,499 | £3,088 |
| Class F | 1 – 677 | £1,060 | £1,516 | £2,198 |
| Class F | 678 – 1,225 | £1,696 | £2,152 | £2,834 |
| Class F | 1,226 – 1,773 | £2,332 | £2,788 | £3,470 |
| Class G | 1 – 750 | £1,734 | £2,602 | £3,461 |
| Class G | 751 – 1,750 | £2,775 | £3,642 | £4,501 |
| Class G | 1,751 – 2,750 | £3,816 | £4,683 | £5,542 |
| Class H | 1 – 750 | £915 | £1,309 | £1,898 |
| Class H | 751 – 1,443 | £1,510 | £1,904 | £2,493 |
| Class H | 1,444 – 2,135 | £2,105 | £2,499 | £3,088 |
| Class I | 1 – 870 | £915 | £1,309 | £1,898 |
| Class I | 871 – 1,606 | £1,510 | £1,904 | £2,493 |
| Class I | 1607 – 2,341 | £2,105 | £2,499 | £3,088 |
| 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 | Trial Fee 5 33 to 40 days | Trial Fee 6 41 to 48 days | Trial Fee 7 49 to 56 days | Trial Fee 8 57 to 64 days | Trial Fee 9 65 to 72 days | Trial Fee 10 73 to 80 days |
| Class A | £6,000 | £8,000 | £12,000 | £16,000 | £20,000 | £28,000 | £36,000 | £48,000 | £60,000 | £72,000 |
| Class B | £2,138 | £3,074 | £4,477 | £5,969 | £7,461 | £10,446 | £13,434 | £17,907 | £22,384 | £26,861 |
| Class C | £1,871 | £2,673 | £3,875 | £5,167 | £6,458 | £9,041 | £11,627 | £15,499 | £19,374 | £23,249 |
| Class D | £4,000 | £6,000 | £8,000 | £12,000 | £15,000 | £21,000 | £27,000 | £36,000 | £44,999 | £53,999 |
| Class E | £1,871 | £2,673 | £3,875 | £5,167 | £6,458 | £9,041 | £11,627 | £15,499 | £19,374 | £23,249 |
| Class F | £1,871 | £2,673 | £3,875 | £5,167 | £6,458 | £9,041 | £11,627 | £15,499 | £19,374 | £23,249 |
| Class G | £2,673 | £4,009 | £5,345 | £7,126 | £8,908 | £12,741 | £16,038 | £21,379 | £26,724 | £32,068 |
| Class H | £1,871 | £2,673 | £3,875 | £5,167 | £6,458 | £9,041 | £11,627 | £15,499 | £19,374 | £23,249 |
| Class I | £1,871 | £2,673 | £3,875 | £5,167 | £6,458 | £9,041 | £11,627 | £15,499 | £19,374 | £23,249 |
| 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 | Trial Fee 5 33 to 40 days | Trial Fee 6 41 to 48 days | Trial Fee 7 49 to 56 days | Trial Fee 8 57 to 64 days | Trial Fee 9 65 to 72 days | Trial Fee 10 73 to 80 days |
| Class A | £4,500 | £6,000 | £9,000 | £12,000 | £15,000 | £21,000 | £27,000 | £36,000 | £45,000 | £54,000 |
| Class B | £1,604 | £2,305 | £3,358 | £4,477 | £5,597 | £7,835 | £10,076 | £13,431 | £16,789 | £20,147 |
| Class C | £1,403 | £2,005 | £2,907 | £3,876 | £4,845 | £6,783 | £8,723 | £11,627 | £14,534 | £17,441 |
| Class D | £3,000 | £4,500 | £6,000 | £9,000 | £11,250 | £15,750 | £20,250 | £27,000 | £33,750 | £40,500 |
| Class E | £1,403 | £2,005 | £2,907 | £3,876 | £4,845 | £6,783 | £8,723 | £11,627 | £14,534 | £17,441 |
| Class F | £1,403 | £2,005 | £2,907 | £3,876 | £4,845 | £6,783 | £8,723 | £11,627 | £14,534 | £17,441 |
| Class G | £2,005 | £3,007 | £4,009 | £5,345 | £6,681 | £9,354 | £12,029 | £16,035 | £20,044 | £24,053 |
| Class H | £1,403 | £2,005 | £2,907 | £3,876 | £4,845 | £6,783 | £8,723 | £11,627 | £14,534 | £17,441 |
| Class I | £1,403 | £2,005 | £2,907 | £3,876 | £4,845 | £6,783 | £8,723 | £11,627 | £14,534 | £17,441 |
| Led 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 | Trial Fee 5 33 to 40 days | Trial Fee 6 41 to 48 days | Trial Fee 7 49 to 56 days | Trial Fee 8 57 to 64 days | Trial Fee 9 65 to 72 days | Trial Fee 10 73 to 80 days |
| Class A | £3,600 | £4,800 | £7,200 | £9,600 | £12,000 | £16,800 | £21,600 | £28,800 | £36,000 | £43,200 |
| Class B | £1,283 | £1,844 | £2,686 | £3,581 | £4,477 | £6,267 | £8,060 | £10,743 | £13,429 | £16,115 |
| Class C | £935 | £1,336 | £1,938 | £2,584 | £3,230 | £4,522 | £5,815 | £7,752 | £9,689 | £11,627 |
| Class D | £2,000 | £3,000 | £4,000 | £6,000 | £7,500 | £10,500 | £13,500 | £18,000 | £22,500 | £27,000 |
| Class E | £935 | £1,336 | £1,938 | £2,584 | £3,230 | £4,522 | £5,815 | £7,752 | £9,689 | £11,627 |
| Class F | £935 | £1,336 | £1,938 | £2,584 | £3,230 | £4,522 | £5,815 | £7,752 | £9,689 | £11,627 |
| Class G | £1,336 | £2,005 | £2,673 | £3,564 | £4,455 | £6,237 | £8,021 | £10,691 | £13,364 | £16,037 |
| Class H | £935 | £1,336 | £1,938 | £2,584 | £3,230 | £4,522 | £5,815 | £7,752 | £9,689 | £11,627 |
| Class I | £935 | £1,336 | £1,938 | £2,584 | £3,230 | £4,522 | £5,815 | £7,752 | £9,689 | £11,627 |
| 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 | Trial Fee 5 33 to 40 days | Trial Fee 6 41 to 48 days | Trial Fee 7 49 to 56 days | Trial Fee 8 57 to 64 days | Trial Fee 9 65 to 72 days | Trial Fee 10 73 to 80 days |
| Class A | £3,900 | £5,200 | £7,800 | £10,400 | £13,000 | £18,200 | £23,400 | £31,200 | £39,000 | £46,800 |
| Class B | £1,390 | £1,998 | £2,910 | £3,880 | £4,850 | £6,790 | £8,732 | £11,639 | £14,549 | £17,459 |
| Class C | £1,216 | £1,737 | £2,519 | £3,359 | £4,198 | £5,878 | £7,558 | £10,075 | £12,594 | £15,113 |
| Class D | £2,600 | £3,900 | £5,200 | £7,800 | £9,750 | £13,650 | £17,550 | £23,400 | £29,250 | £35,100 |
| Class E | £1,216 | £1,737 | £2,519 | £3,359 | £4,198 | £5,878 | £7,558 | £10,075 | £12,594 | £15,113 |
| Class F | £1,216 | £1,737 | £2,519 | £3,359 | £4,198 | £5,878 | £7,558 | £10,075 | £12,594 | £15,113 |
| Class G | £1,737 | £2,606 | £3,474 | £4,632 | £5,790 | £8,106 | £10,424 | £13,895 | £17,369 | £20,843 |
| Class H | £1,216 | £1,737 | £2,519 | £3,359 | £4,198 | £5,878 | £7,558 | £10,075 | £12,594 | £15,113 |
| Class I | £1,216 | £1,737 | £2,519 | £3,359 | £4,198 | £5,878 | £7,558 | £10,075 | £12,594 | £15,113;". |
(f)after the Tables of Basic Trial Fees and Refresher Fees following paragraph 7, insert-
"7.-(1) This paragraph applies where a fee is payable to a solicitor under this Part.
(2) Where the PPE Range exceeds the upper limit specified in the Table of Basic Trial Fees payable to a solicitor, as appropriate to the Class of Offence involved, an additional fee shall be payable to the solicitor of £1 per each additional page.";
(g)omit paragraph 8(1) and (2);
(h)in paragraph 8(3), for "a Guilty Plea 2 Fee" substitute "a Guilty Plea Fee or a Trial Preparation Fee";
(i)in paragraph 8(4)-
(i)for "the Guilty Plea 2 Fee" substitute "the Guilty Plea Fee or Trial Preparation Fee";
(ii)after "was charged", insert ", including the PPE Range where applicable";
(j)for paragraph 9, substitute-
"For the purposes of paragraph 8 the fee appropriate to any offence shall be that specified in the Table below as appropriate to 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.";
(k)following paragraph 9, for the Tables of Guilty Plea Fees, substitute the following Tables-
(a) Guilty Plea Fees
SOLICITOR
| Offence falling within | PPE Range | Fee |
|---|---|---|
| Class A | 1 – 750 | £3,734 |
| Class A | 751 – 3,000 | £6,000 |
| Class A | 3,001 – 4,430 | £7,440 |
| Class B | 1 – 687 | £896 |
| Class B | 688 – 1,462 | £1,792 |
| Class B | 1,463 – 2,237 | £2,688 |
| Class C | 1 – 714 | £595 |
| Class C | 715 – 1,262 | £1,190 |
| Class C | 1,263 – 1,809 | £1,785 |
| Class D | 1 – 733 | £1,850 |
| Class D | 734 – 1,631 | £3,232 |
| Class D | 1,632 – 2,229 | £4,153 |
| Class E | 1 – 750 | £595 |
| Class E | 751 – 1,636 | £1,190 |
| Class E | 1,637 – 2,521 | £1,785 |
| Class F | 1 – 677 | £636 |
| Class F | 678 – 1,225 | £1,272 |
| Class F | 1,226 – 1,773 | £1,908 |
| Offence falling within | Queen's Counsel Fee | Leading Junior Counsel Fee | Led Junior Counsel Fee | Sole Junior Counsel Fee |
|---|---|---|---|---|
| Class A | £2,860 | £2,145 | £1,430 | £1,859 |
| Class B | £1,067 | £800 | £533 | £693 |
| Class C | £914 | £686 | £457 | £594 |
| Class D | £1,976 | £1,482 | £988 | £1,285 |
| Class E | £914 | £686 | £457 | £594 |
| Class F | £914 | £686 | £457 | £594 |
| Class G | £1,158 | £869 | £579 | £753 |
| Class H | £914 | £686 | £457 | £594 |
| Class I | £914 | £686 | £457 | £594 |
(b)Trial Preparation Fees for Counsel
| Offence falling within | Queen's Counsel Fee | Leading Junior Counsel Fee | Led Junior Counsel Fee | Sole Junior Counsel Fee | |
|---|---|---|---|---|---|
| PPE Range | |||||
| Class A | 1 – 750 | £4,090 | £3,068 | £2,045 | £2,659 |
| Class A | 751 – 3,000 | £7,015 | £5,261 | £3,508 | £4,560 |
| Class A | 3,001 – 4,430 | £14,890 | £11,168 | £7,445 | £9,679 |
| Class B | 1 – 687 | £1,502 | £1,126 | £751 | £976 |
| Class B | 688 – 1,462 | £3,062 | £2,296 | £1,531 | £1,990 |
| Class B | 1,463 – 2,237 | £7,262 | £5,446 | £3,631 | £4,720 |
| Class C | 1 – 714 | £1,319 | £989 | £660 | £858 |
| Class C | 715 – 1,262 | £2,684 | £2,013 | £1,342 | £1,745 |
| Class C | 1,263 – 1,809 | £5,996 | £4,497 | £2,998 | £3,898 |
| Class D | 1 – 733 | £2,744 | £2,058 | £1,372 | £1,784 |
| Class D | 734 – 1,631 | £4,694 | £3,520 | £2,347 | £3,051 |
| Class D | 1,632 – 2,229 | £9,944 | £7,458 | £4,972 | £6,464 |
| Class E | 1 – 750 | £1,319 | £989 | £660 | £858 |
| Class E | 751 – 1,636 | £2,684 | £2,013 | £1,342 | £1,745 |
| Class E | 1,637 – 2,521 | £6,359 | £4,769 | £3,180 | £4,134 |
| Class F | 1 – 677 | £1,319 | £989 | £660 | £858 |
| Class F | 678 – 1,225 | £2,684 | £2,013 | £1,342 | £1,745 |
| Class F | 1,226 – 1,773 | £6,359 | £4,769 | £3,180 | £4,134 |
| Class G | 1 – 750 | £1,926 | £1,445 | £963 | £1,252 |
| Class G | 751 – 1,750 | £3,876 | £2,907 | £1,938 | £2,519 |
| Class G | 1,751 – 2,750 | £9,126 | £6,845 | £4,563 | £5,932 |
| Class H | 1 – 750 | £1,319 | £989 | £660 | £858 |
| Class H | 751 – 1,443 | £2,684 | £2,013 | £1,342 | £1,745 |
| Class H | 1,444 – 2,135 | £6,359 | £4,769 | £3,180 | £4,134 |
| Class I | 1 – 870 | £1,319 | £989 | £660 | £858 |
| Class I | 871 – 1,606 | £2,684 | £2,013 | £1,342 | £1,745 |
| Class I | 1,607 – 2,341 | £6,359 | £4,769 | £3,180 | £4,134"; |
(l)after the Tables of Guilty Plea Fees and Trial Preparation Fees following paragraph 9, insert-
"9A.-(1) This paragraph applies where a fee is payable to a representative under this Part.
(2) Where the PPE Range exceeds the upper limit, as appropriate to the Class of Offence involved, an additional fee shall be payable to the representative of £1 per each additional page.
(3) In this paragraph "the upper limit" means the upper limit specified in the Table of Guilty Plea Fees payable to a solicitor, or the Table of Trial Preparation Fees payable to counsel, as applicable.";
(m)omit paragraph 10A;
(n)for paragraph 14(2) and (3), substitute-
"(2) A hearing to which this paragraph applies shall not be included in the length of the main hearing or of any sentencing hearing for the purpose of calculating costs, and the fee specified in the Table below as appropriate to the representative (including the category of counsel instructed, as applicable) shall be payable for each day of the hearing.
| Queen's Counsel Fee | Leading Junior Counsel Fee | Led Junior Counsel Fee | Sole Junior Counsel Fee | ||
|---|---|---|---|---|---|
| Solicitor Fee | |||||
| Full Day | £525 | £800 | £600 | £400 | £520 |
| Half Day | £263 | £400 | £300 | £200 | £260"; |
(o)after paragraph 15B, insert-
"15C.-(1) This paragraph applies to-
(a)the hearing of an application for a sexual offences prevention order under section 104 of the Sexual Offences Act 2003(6);
(b)the hearing of an application for a disqualification order under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(7);
(c)the hearing of an application for an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008(8); and
(d)the hearing of an application for an extended custodial sentence under Article 14 of the Criminal Justice (Northern Ireland) Order 2008.
(2) A hearing to which this paragraph applies shall not be included in the length of the main hearing or of any sentencing hearing for the purpose of calculating costs, and the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) and the duration of the hearing on that day shall be payable.
(3) In determining the duration of an application for the purpose of sub-paragraph (2), there shall be excluded the period of time during any luncheon adjournment.";
(p)after paragraph 16, insert-
"16A.-(1) This paragraph applies where the assisted person applies to a magistrates' court for bail under section 91 of the Justice Act (Northern Ireland) 2011(9).
(2) The fixed fee of £180 shall be payable to a solicitor in respect of the hearing of the bail application, and paragraph 16(1)(c) shall not apply in respect of that hearing.";
(q)following paragraph 19, for the Tables of Additional Fees, substitute the following Tables-
SOLICITOR
| Type of work | Paragraph providing for fee | Fee |
|---|---|---|
| Arraignment – Not Guilty | 11 | £90 |
| Standby Fee | 12(1) | £375 |
| Appearing at deferred sentencing hearing | 15(1)(a) | £188 |
| Appearing at other sentencing hearing | 15(1)(b) | £100 |
| Late sitting fee | 17 | £188 |
| Cases within paragraph 2 | 19 | £563 |
Application Fee 1 (hearing not exceeding 1.5 hours) | ||
| £113 | ||
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours) | 12(2), 13 and 16 | £188 |
Application Fee 3 (hearing exceeding 3 hours) | £375 | |
Sentence Hearing Preparation Fee PPE Range Up to 500 pages 501 – 750 pages 751 – 1,000 pages | 15B | £500 £750 £1,000 |
| Public Protection | ||
Application Fee 1 (hearing not exceeding 1.5 hours) | £113 | |
| Public Protection | 15C | |
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours) | £188 | |
| Public Protection | ||
Application Fee 3 (hearing exceeding 3 hours) | £375 | |
| Court-ordered youth conference | ||
| Lower standard fee | ||
| (conferences lasting up to and including 1 hour) | 18A | £70 |
| Principal standard fee | ||
| (conferences lasting more than 1 hour but not exceeding 2 hours) | £112.50 |
| Type of work | Paragraph providing for fee | Queen's Counsel Fee | Leading Junior Counsel Fee | Led Junior Counsel Fee | Sole Junior Counsel Fee |
|---|---|---|---|---|---|
Arraignment – Not Guilty | 11 | £120 | £113 | £75 | £98 |
| Standby Fee | 12(1) | £400 | £300 | £200 | £260 |
| Appearing at deferred sentencing hearing | 15(1)(a) | £320 | £240 | £160 | £208 |
| Appearing at other sentencing hearing | 15(1)(b) | £240 | £180 | £120 | £156 |
| Skeleton argument | 15A and 18B | £250 | £188 | £125 | £163 |
| Late sitting fee | 17 | £200 | £150 | £100 | £130 |
| Cases within paragraph 2 | 19 | £600 | £450 | £300 | £390 |
| Application Fee 1 (hearing not exceeding 1.5 hours) | £100 | £94 | £63 | £82 | |
| Application Fee 2 | |||||
| (hearing exceeding 1.5 hours but not exceeding 3 hours) | 12(2), 13 and 16 | £200 | £150 | £100 | £130 |
Application Fee 3 (hearing exceeding 3 hours) | £400 | £300 | £200 | £260 | |
Sentence Hearing Preparation Fee PPE Range Up to 500 pages 501 – 750 pages 751 – 1,000 pages | |||||
| 15B | £500 | £375 | £250 | £330 | |
| £750 | £563 | £375 | £495 | ||
| £1,000 | £750 | £500 | £660 |
| Public Protection | |||||
| Application | |||||
Fee 1 (hearing not exceeding 1.5 hours) | £100 | £94 | £63 | £82 | |
| Public Protection | |||||
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours) | 15C | £200 | £150 | £100 | £130 |
| Public Protection | |||||
Application Fee 3 (hearing exceeding 3 hours) | £400 | £300 | £200 | £260 | |
| Consultation/views | 18(1) | £63 per hour | £47 per hour | £31 per hour | £41 per hour |
| Listening to or viewing tapes etc. | 18(2) | £27 per 10 minutes | £20 per 10 minutes | £14 per 10 minutes | £18 per 10 minutes |
Court-ordered youth conference | |||||
| Lower standard fee (conferences lasting up to and including 1 hour) | N/A | N/A | N/A | £70 | |
| 18A | |||||
| Principal standard fee | |||||
| (conferences lasting more than 1 hour but not exceeding 2 hours) | N/A | N/A | N/A | £112.50". |
(r)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 first arraignment but before the trial (if any) commenced, a Guilty Plea Fee as appropriate to the offence with which the assisted person was charged and the applicable PPE Range;
(b)in any other circumstances, such amount as it considers to be reasonable in all the circumstances.".
Sealed with the Official Seal of the Department of Justice on 13th April 2015
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 14th April 2015
Emer Morelli
A senior officer of the Department of Finance and Personnel
(This note is not part of the Rules)
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-
revoke the separate provision made for the payment of Guilty Plea 2 Fees in respect of solicitors (rules 4 and 5);
introduce new standard fees, payable to counsel only 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, 6 and 12(b));
substitute reduced levels of standard fees for guilty pleas and trials (rules 4 and 12(e), (f) and (j) to (l));
substitute new daily fees in respect of confiscation hearings (rules 4 and 12(n));
introduce a new provision for the payment of time-based fees ("Public Protection Application Fees") in respect of the hearing of applications for sexual offences prevention orders, disqualification orders, indeterminate custodial sentences and extended custodial sentences (rules 4 and 12(o) and (q));
make provision for the reclassification of certain offences (rules 4 and 12(c) and (d));
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 12(r));
make provision for the fees payable in respect of compassionate bail hearings (rules 4 and 12(p));
amend the provisions regarding the time limit within which solicitors and counsel must submit their claims for costs (rules 8 and 10);
make other minor and consequential amendments.
These Rules come into operation on 5 May 2015 ("the commencement date").
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 the commencement date, with the exception of the amendment made by rules 4 and 12(n). For those cases where the costs payable to a solicitor or counsel remain to be determined, the amendment substituting new daily fees in respect of confiscation hearings also applies for the determination of costs payable in respect of work done under a criminal aid certificate granted before the commencement date (rule 3).
S.R. 2005 No. 112, which was amended by S.R. 2009 No. 267, S.R. 2011 No. 152 and S.R. 2013 No. 293
