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

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 –

“advocate” means –

(a)

counsel, or

(b)

a solicitor who is exercising his right of audience under section 50 of the Judicature (Northern Ireland) Act 1978(1), and who has been certified by the Law Society as an Advanced Advocate, or

(c)

a solicitor who is exercising his right of audience under section 50 of the Judicature (Northern Ireland) Act 1978, and who has not been certified by the Law Society as an Advanced Advocate;

“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 –

(a)

on one or more counts of a single indictment; or

(b)

arising out of a single alleged breach of an order of the Crown Court,

and a case falling within paragraph (b) shall be treated as a separate case from the proceedings in which the order was made;

“Certificate of Exceptionality” in respect of a solicitor has the meaning given by rule 8(4) to (14), and in respect of an advocate has the meaning given by rule 11(4) to (8);

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

“the Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003(2);

“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 advocate, 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;

“the Court Service” means the Northern Ireland Court Service established under section 69 of the Judicature (Northern Ireland) Act 1978;

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

“Guilty Plea 2 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;

“main hearing” means –

(a)

in relation to a case which goes to trial, the trial,

(b)

in relation to a Guilty Plea 2 case, the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing, and

(c)

in relation to any proceedings specified in paragraph 2 of Schedule 1, the final hearing;

“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(3);

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

“representative” means a solicitor or an advocate;

“the 1992 Rules” means the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992(4);

“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;

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

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

“a Very High Cost Case” is a case in respect of which a Very High Cost Case Certificate has been granted under rule 16 or which went to trial where the trial exceeded 25 days;

“a Very High Cost Case Certificate” has the meaning given by rule 16.

Application and transitional arrangements

3.—(1) Subject to paragraph (2), 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 Commission to have his fees determined and paid in accordance with these Rules.

(3) Where the Commission 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.

General

4.—(1) Subject to rules 16 and 17, costs in respect of work done under a criminal aid certificate to which these Rules apply shall be determined by the Commission 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 Commission 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.

Interim payment of disbursements

5.—(1) A solicitor may submit a claim to the Commission for payment of a disbursement for which he has incurred liability in criminal proceedings in the Crown 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 Commission in respect of criminal proceedings in the Crown Court, or the solicitor has obtained prior authority from the Commission to incur the expenditure;

(b) the total liability for such disbursement exceeds £500; and

(c) the solicitor has discharged such liability.

(3) Without prejudice to rule 9(4), a claim under paragraph (1) shall not exceed £2,500 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 Commission 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 Commission 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 Commission 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.

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 Commission 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 Commission 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 or within three months of his receipt of a copy of the certificate, whichever is the later.

(2) Subject to paragraph (3), a claim for costs shall be submitted to the Commission 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;

(c) specify, where appropriate, the fee-earner who undertook each of the items of work claimed;

(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) Where a solicitor claims that rule 8(4) should be applied in relation to an item of work, he shall give full particulars in support of his claim.

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

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

Determination of solicitors' fees

8.—(1) The Commission 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 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 (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 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 attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by sub-paragraph (a) or (b).

(4) Where a solicitor 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 (7).

(5) An application under paragraph (4) shall be made by the solicitor prior to the commencement of the trial; provided that, if satisfied that it was not reasonably practicable for the solicitor to do so, the Commission may accept such application after the conclusion of the proceedings.

(6) When applying for a Certificate of Exceptionality under paragraph (4), the solicitor shall specify –

(a) the basis upon which the application is made;

(b) the nature of the work which is the subject-matter of the application; and

(c) the number of additional hours sought for each piece of work which is the subject-matter of the application.

(7) 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 are 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) is significantly greater than that in other cases involving the same offence or Class of Offence;

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

(d) any new precedents established in the case,

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

(8) Where the Commission grants a Certificate of Exceptionality, it shall authorise additional hours, at the rate specified in paragraph (14), up to a specified maximum to cover such additional work as it will approve under the Certificate.

(9) Subject to paragraph (10), the total additional funding approved by the Commission under this rule shall not exceed one hundred and seventy-five per cent of the standard fee provided for in Schedule 1 in respect of the work which is the subject-matter of the application.

(10) If the Commission is satisfied that the circumstances of the case are wholly exceptional, it may approve additional funding up to the maximum amount specified in paragraph (9) and refer the application under paragraph (4) to the taxing master who may approve such further funding as he considers to be reasonable.

(11) Where a Certificate of Exceptionality has been granted by the Commission, the solicitor may carry out additional work up to the specified sum approved under the Certificate.

(12) For the purpose of determining the solicitor’s fees in a case in which a Certificate of Exceptionality has been granted, the solicitor shall account to the Commission for the manner in which any additional approved hours were expended.

(13) When determining the solicitor’s fees in a case in which a Certificate of Exceptionality has been granted, the Commission shall not allow payment for any additional hours claimed under the Certificate unless satisfied by the solicitor that the additional work was reasonably undertaken and properly done.

(14) The additional hours of work allowed under paragraphs (12) and (13) shall be paid at the rate of £90 per hour, and such payment shall be made to the solicitor together with the fees allowed under paragraph (2).

(15) 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 29(1), of that Schedule.

Determination of solicitors' disbursements

9.—(1) Subject to the provisions of this rule, the Commission 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 advocate 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 or within three months of his receipt of a copy of the certificate, whichever is the later.

(2) Subject to paragraph (3), a claim for fees shall be submitted to the Commission 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

(c) give particulars of any work done in relation to more than one indictment or a retrial.

(4) Where an advocate claims that rule 11(4) should be applied in relation to an item of work, he shall give full particulars in support of his claim.

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

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

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.

Payment of costs

12.—(1) Having determined the costs payable to a representative in accordance with these Rules, the Commission shall notify the representative of the costs payable and authorise payment accordingly.

(2) Where the costs payable under paragraph (1) are varied as a result of any review, redetermination or appeal made or brought pursuant to these Rules, then –

(a) where the costs are increased, the Commission shall authorise payment of the increase;

(b) where the costs are decreased, the representative shall repay the amount of such decrease; and

(c) where the payment of any costs to the representative is ordered under rule 14(14) or 15(8), the Commission shall authorise such payment.

Redetermination of costs by Commission

13.—(1) Where a representative is dissatisfied with –

(a) the classification, under paragraph 5 of Schedule 1, of an offence not specifically listed in the Table of Offences set out in Schedule 3 but deemed to fall within Class H;

(b) the decision not to grant a Certificate of Exceptionality, or the decision as to the amount of additional funding approved under rule 8(8) and (9) or allowed under rule 8(12) and (13), or the amount of uplift allowed under rule 11(6) and (7), as applicable; or

(c) the calculation of the costs payable under Schedule 1,

he may apply to the Commission to reclassify the offence, to review the decision or to redetermine those costs as the case may be.

(2) Subject to rule 19, the application shall be made within 21 days of receiving notification of the decision or the costs payable under rule 12, as the case may be, by giving notice in writing to the Commission specifying the matters in respect of which the application is made and the grounds of objection and shall be made in such form and manner as the Commission may direct.

(3) The notice of application shall be accompanied by the particulars, information and documents supplied under rule 7 or 10, as appropriate.

(4) The notice of application shall state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the Commission shall notify the applicant of the time at which it is prepared to hear him or his representative.

(5) The applicant shall supply such further particulars, information and documents as the Commission may require.

(6) The Commission shall –

(a) review the classification referred to in paragraph (1)(a) or the decision referred to in paragraph (1)(b), as the case may be, and confirm or vary it; or

(b) redetermine the costs, whether by way of confirmation, or increase or decrease in the amount previously determined,

in the light of the objections made by the applicant or on his behalf and shall notify the applicant of its decision.

(7) The applicant may request the Commission to give reasons in writing for its decision and the Commission shall comply with any such request.

(8) Subject to rule 19, any request under paragraph (7) shall be made within 21 days of receiving notification of the decision.

(9) The provisions of this rule shall also apply with the necessary modifications to the amount of –

(a) any further funding approved by the taxing master under rule 8(10); and

(b) any further uplift allowed by the taxing master under rule 11(8).

Appeals to the taxing master

14.—(1) Where the Commission has given its reasons for its decision under rule 13, a representative who is dissatisfied with that decision may appeal to the taxing master.

(2) Subject to rule 19, an appeal shall be instituted within 21 days of receiving the Commission’s reasons, by giving notice in writing to the taxing master.

(3) The appellant shall send a copy of any notice given under paragraph (2) to the Commission.

(4) The notice of appeal shall be accompanied by –

(a) a copy of the written representations given under rule 13(2);

(b) the Commission’s reasons for its decision given under rule 13(7); and

(c) the particulars, information and documents supplied to the Commission under rule 13.

(5) The notice of appeal shall –

(a) be in such form as the taxing master may direct;

(b) specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined and the grounds of the objection to the determination; and

(c) state whether the appellant wishes to appear or to be represented or whether he will accept a decision given in his absence.

(6) The taxing master may, and if so directed by the Lord Chancellor either generally or in a particular case shall, send to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor may require.

(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written or oral representations to be made on his behalf and, if he intends to do so, he shall inform the taxing master and the appellant.

(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) shall be sent to the taxing master and the appellant and, in the case of oral representations, the taxing master and the appellant shall be informed of the grounds on which such representations will be made.

(9) The appellant shall be permitted a reasonable opportunity to make representations in reply.

(10) The taxing master shall inform the appellant (or his representative) and the Lord Chancellor, where representations have been or are to be made on his behalf, of the date of any hearing and, subject to the provisions of this rule, may give directions as to the conduct of the appeal.

(11) The taxing master may consult the trial judge or the Commission and may require the appellant to provide any further information which he requires for the purpose of the appeal and, unless the taxing master otherwise directs, no further evidence shall be received on the hearing of the appeal and no ground of objection shall be valid which was not raised under rule 13.

(12) The taxing master shall have the same powers as the Commission under these Rules and, in the exercise of such powers, may alter the redetermination of the Commission in respect of any sum allowed, whether by increase or decrease as he thinks fit.

(13) The taxing master shall communicate his decision and the reasons for it in writing to the appellant, the Lord Chancellor and the Commission.

(14) Except where he confirms or decreases the sums redetermined under rule 13 or confirms a decision to allow fixed fees, the taxing master may allow the appellant a sum in respect of part or all of any reasonable costs (including any fee payable in respect of an appeal) incurred by him in connection with the appeal.

(15) The provisions of this rule shall also apply with the necessary modifications to any decision of the taxing master given under rule 13(9).

Appeals to the High Court

15.—(1) A representative who is dissatisfied with the decision of the taxing master on an appeal under rule 14 may apply to the taxing master to certify a point of principle of general importance; provided that, if the taxing master refuses such application, the representative may renew the application before a judge of the High Court.

(2) Subject to rule 19, an application under paragraph (1) shall be made within 21 days of receiving notification of the taxing master’s decision under rule 14(13).

(3) Where the taxing master or judge certifies a point of principle of general importance, the representative may appeal to the High Court against the decision of the taxing master on an appeal under rule 14, and the Lord Chancellor shall be a respondent to such an appeal.

(4) Subject to rule 19, an appeal under paragraph (3) shall be instituted within 21 days of receiving the certificate under paragraph (1).

(5) Where the Lord Chancellor is dissatisfied with the decision of the taxing master on an appeal under rule 14, he may, if no appeal has been made by the representative under paragraph (3), appeal to the High Court against that decision, and the representative shall be a respondent to the appeal.

(6) Subject to rule 19, an appeal under paragraph (5) shall be instituted within 21 days of receiving notification of the taxing master’s decision under rule 14(13).

(7) The decision of the High Court on an appeal under paragraphs (1), (3) or (5) shall be final.

(8) The judge shall have the same powers as the Commission and the taxing master under these Rules and may reverse, affirm or amend the decision appealed against or make such other order as he thinks fit.

Very High Cost Cases – Certification

16.—(1) Where the representatives of an assisted person consider that, owing to the circumstances of the case, if it proceeds to trial that trial would be likely to exceed 25 days, the solicitor (on behalf of himself and the advocate) may apply to the Commission for a Very High Cost Case Certificate and the Commission may, in its discretion, grant such application in accordance with paragraph (3).

(2) An application under paragraph (1) shall be made as soon as is practicable after the assisted person has been committed for trial (and, in any event, as soon as the representatives become aware that the trial is likely to exceed 25 days), and shall be submitted to the Commission in such form and manner as it may, in consultation with the taxing master, direct.

(3) When considering an application under paragraph (1) the Commission shall have regard, among the matters which are relevant, to such particulars, information and documents (including any Trial Status Report form) as the solicitor may have submitted.

(4) Where the Commission certifies a case as being a Very High Cost Case, it shall require the solicitor to provide periodic reports and projections as to the future costs of the case in such a form as the Commission shall direct.

(5) If a solicitor fails to comply with paragraph (4) without good reason, the Commission may revoke the Certificate, provided that the Certificate shall not be revoked unless the representatives have been permitted a reasonable opportunity to show cause orally or in writing why the Certificate should not be revoked.

(6) Where a Very High Cost Case Certificate has been revoked under paragraph (5), the representatives' fees shall be determined under rule 8 and rule 11, as appropriate, as if the Certificate had never been granted unless the actual duration of the trial exceeded 25 days.

(7) A solicitor (on behalf of himself and the advocate) may appeal to the taxing master against a decision made under this rule by the Commission and, subject to rule 19, such an appeal shall be instituted within 21 days of receiving notification of the decision by giving notice in writing to the taxing master.

(8) The provisions of rule 14(3), (4), (5), (10) and (13) shall apply with the necessary modifications to an appeal brought under paragraph (7).

(9) The decision of the taxing master on an appeal under paragraph (7) shall be final.

Very High Cost Cases – Determination of representatives' fees

17.—(1) Costs in respect of work done in a Very High Cost Case shall be assessed and determined by the taxing master in accordance with this rule and having regard to such directions and guidance as may be issued by the Lord Chancellor.

(2) When assessing the costs payable under paragraph (1), the taxing master shall have regard, among the matters which are relevant, to –

(a) the Basic Trial Fee, the Guilty Plea 1 Fee or the Guilty Plea 2 Fee which would otherwise be payable if the case in question were not a Very High Cost Case, as appropriate to the representative (including the category of advocate instructed, as applicable) and the offence for which the assisted person was tried, and

(b) the rates of payment set out in Schedule 2.

(3) The provisions of rules 4, 7, 8(1) and (3), 9, 10, 11(1) and (3), 12, 13, 14 and 15 shall apply with the necessary modifications to the costs payable under this rule.

Restriction on payment

18.  Where a criminal aid certificate has been granted in respect of any proceedings to which these Rules apply, a representative shall not receive or be a party to the making of any payment for work done in connection with those proceedings except such payments as may be made –

(a) by the Commission; or

(b) in respect of any expenses or fees incurred in preparing, obtaining or considering any report, opinion or further evidence, whether provided by an expert witness or otherwise, where an application for an authority to incur such expenses or fees has been refused by the Commission.

Time limits

19.—(1) Subject to paragraph (2), the time limit within which any act is required or authorised to be done under these Rules may, for good reason, be extended –

(a) in the case of acts required or authorised to be done under rule 14, 15, 16 or 17, by the taxing master or the High Court as the case may be; and

(b) in the case of acts required or authorised to be done by a representative under any other rule, by the Commission.

(2) Where a representative without good reason has failed (or, if an extension were not granted, would fail) to comply with a time limit, the Commission, the taxing master or the High Court, as the case may be, may, in exceptional circumstances, extend the time limit and shall consider whether it is reasonable in the circumstances to reduce the costs; provided that the costs shall not be reduced unless the representative has been permitted a reasonable opportunity to show cause orally or in writing why the costs should not be reduced.

(3) A representative may appeal to the taxing master against a decision made under this rule by the Commission and such an appeal shall be instituted within 21 days of receiving notification of the decision by giving notice in writing to the taxing master specifying the grounds of appeal.

Review

20.—(1) The Court Service shall keep the general operation of these Rules under review to ensure that they are consistent with the requirements of Article 37 of the Order.

(2) Without prejudice to paragraph (1), the Court Service shall conduct a formal review of the levels of the prescribed fees and the rates of payment under the Rules at least once in every review period.

(3) Where the Court Service has conducted a review under this rule, it shall publish the result of the review –

(a) as soon as is reasonably practicable;

(b) in such form as it considers appropriate; and

(c) together with any proposals it may have with respect to the matters reviewed.

(4) When conducting a review under this rule, the Court Service shall have regard, among the matters which are relevant, to –

(a) any representations made by the Lord Chief Justice, the Law Society of Northern Ireland, the General Council of the Bar of Northern Ireland, the Director of Public Prosecutions for Northern Ireland and the Commission; and

(b) any other representations which it considers to be relevant.

(5) In paragraph (2) “review period” means the period of two years beginning with the commencement of these Rules and each subsequent period of two years.

Signed by authority of the Lord Chancellor

Baroness Ashton of Upholland

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 9th March 2005

We approve

Jim Murphy

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 14th March 2005