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

Determination of advocates' fees

11.—(1) The Commission shall consider the claim, any further particulars, information or documents submitted by the advocate under rule 10 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 Commission shall allow fees for work allowed by it under this rule in accordance with Schedule 1.

(3) The Commission may, except in relation to work for which a Guilty Plea 1 Fee is payable or a fixed fee is allowed under paragraph (9), allow any of the following classes of fee to the advocate in respect of work allowed by it under this rule –

(a) a Basic Trial Fee or Guilty Plea 2 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 –

(i) attendance at consultations and views not covered by sub-paragraph (a) or (b);

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

(4) Where an advocate considers that, owing to the exceptional circumstances of the case (or part of the case which is the subject-matter of the application), the amount payable by way of fees in accordance with paragraphs (2) and (3) would not provide reasonable remuneration for some or all of the work involved, he may apply to the Commission for a Certificate of Exceptionality and the Commission may, in its discretion, grant such application in accordance with paragraph (5).

(5) When considering an application for a Certificate of Exceptionality, the Commission shall have regard, among the matters which are relevant, to –

(a) whether the issues involved were significantly more complex than other cases involving the same offence or Class of Offence;

(b) whether the volume of evidence (including any un-used evidentiary material) was significantly greater than that in other cases involving the same offence or Class of Offence;

(c) any novel issues of law which were involved in the case; and

(d) any new precedents established in the case,

and if it decides that there were no such exceptional circumstances, the standard fee provided for in Schedule 1 shall apply and no other uplift shall be payable.

(6) Where a Certificate of Exceptionality has been granted by the Commission, it may allow an uplift on one or more of the classes of fee specified in paragraph (3), as it considers to be reasonable, as appropriate to the Class of Offence for which the assisted person was tried.

(7) An uplift allowed under paragraph (6) shall not exceed the following amounts –

(a) fifty per cent in respect of a Class A offence,

(b) forty per cent in respect of a Class D or Class G offence,

(c) twenty-five per cent in respect of a Class B offence, and

(d) twenty per cent in respect of any other offence.

(8) If the Commission is satisfied that the circumstances of the case were wholly exceptional, it may allow an uplift up to the maximum amount specified in paragraph (7) and refer the application under paragraph (4) to the taxing master who may allow such further uplift as he considers to be reasonable.

(9) In any proceedings specified in paragraph 2 of Schedule 1, the Commission 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 30(1), of that Schedule.