The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009

Dismissal or withdrawal of representative

15.—(1) This paragraph applies where a representative was dismissed by the assisted person, or the Commission is satisfied that the representative was obliged to withdraw from the case for compelling professional reasons.

(2) For a case in the magistrates’ court, the Commission may, in its discretion, allow the following fees to the representative—

(a) if the representative was dismissed or withdrew before the case was listed for disposal in the magistrates’ court (whether as a guilty plea, contest or committal hearing), fifty per cent of the standard Guilty Plea 1 Fee or the Committal Fee, as applicable, provided for in Part 2 as appropriate to the representative and the offence with which the assisted person was charged;

(b) if the representative was dismissed or withdrew on the day the case was listed for hearing as a contest or committal, seventy-five per cent of the standard Contest Fee or the Committal Fee, as applicable, provided for in Part 2 as appropriate to the representative and the offence with which the assisted person was charged.

(3) For a case in the county court, the Commission may, in its discretion, allow the following fees to the representative—

(a) if the representative was dismissed or withdrew before the case was listed for hearing, fifty per cent of the standard fee provided for in Part 2 as appropriate to the representative and the nature of the disposal of the appeal;

(b) if the representative was dismissed or withdrew on the day the appeal was listed for hearing, seventy-five per cent of the standard fee provided for in Part 2 as appropriate to the representative and the nature of the disposal of the appeal.

(4) In exceptional circumstances, the Commission may also, in its discretion, allow an additional fee of £100 if it is satisfied that the circumstances of the case merit additional remuneration.