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

5.—(1) For the purposes of this Schedule –

(a) every indictable offence falls within the Class under which it is listed in the Table of Offences and, subject to sub-paragraph (2) below, indictable offences not specifically so listed shall be deemed to fall within Class H;

(b) conspiracy to commit an indictable offence contrary to Articles 9 and 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983(1), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983, fall within the same Class as the substantive offence to which they relate;

(c) where the Table of Offences specifies that the Class within which an offence falls depends on whether the value involved exceeds a stated limit, the value shall be presumed not to exceed that limit unless the representative proves otherwise to the satisfaction of the Commission;

(d) where more than one count of the indictment is for an offence in relation to which the Class depends on the value involved, that value shall be taken to be the total value involved in all those offences, so however that where two or more counts relate to the same property the value of that property shall be taken into account once only; and

(e) where an entry in the Table of Offences specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry shall include every offence contrary to that statutory provision whether or not the words of description in the entry are apt to cover all such offences.

(2) If a representative is dissatisfied with the classification within Class H of an indictable offence not listed in the Table of Offences, he may apply to the Commission to reclassify the offence.

(1)

S.I. 1983/1120 (N.I. 13)