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The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2016

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Statutory Rules of Northern Ireland

2016 No. 200

Legal Aid And Advice

The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2016

Made

23rd March 2016

Coming into operation

15th April 2016

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.

Citation and commencement

1.  These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2016 and shall come into operation on 15th April 2016.

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).

Application and transitional arrangements

3.—(1) Without prejudice to paragraphs (2) to (5), 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) Paragraphs (3) to (5) apply where –

(a)a claim had been submitted to the Department under rule 8 or 11, as applicable, 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; and

(b)the costs payable to the representative had been determined and paid by the Department before 23rd March 2016.

(3) The Department shall, whether or not the representative applies under rule 13, redetermine the costs payable under rule 13(6)(b) as if the representative had applied under rule 13(1)(c).

(4) Where the costs are increased as a result of a redetermination made under paragraph (3) (“the new determination”), the Department shall authorise payment of the increase.

(5) Rules 13 to 15 (redetermination etc.) shall apply to the new determination as if that determination had been made under rule 8 or 11, as applicable.

(6) In this rule, “the Department” means the Department of Justice.

Amendments to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

4.  The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 are amended as follows.

5.  In rule 2, in the definition of “main hearing”, omit the words “to counsel”.

6.  In rule 8(3)(a), after “Basic Trial Fee” insert “or Trial Preparation Fee, as applicable”.

7.  In Schedule 1 –

(a)in paragraph 3(2), after the words “one or more counts” insert the words “at the first arraignment”;

(b)in paragraph 3(3), omit the words “to counsel”;

(c)following paragraph 7, for the Tables of Basic Trial Fees, substitute the following Tables–

SOLICITOR

OffenceActual Duration of Trial

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 A1 – 750£5,607£7,457£11,159
Class A751 – 1,500£8,666£10,517£14,218
Class A1,501 – 3,000£11,725£13,576£17,277
Class B1 – 750£2,017£2,904£4,239
Class B751 – 1,500£3,227£4,113£5,449
Class B1,501 – 3,000£4,436£5,323£6,658
Class C1 – 750£1,235£1,767£2,562
Class C751 – 1,500£2,039£2,570£3,366
Class C1,501 – 3,000£2,842£3,374£4,169
Class D1 – 750£3,123£4,683£6,229
Class D751 – 1,500£4,987£6,549£8,095
Class D1,501 – 3,000£6,853£8,415£9,959
Class E1 – 750£1,235£1,767£2,562
Class E751 – 1,500£2,039£2,570£3,366
Class E1,501 – 3,000£2,842£3,374£4,169
Class F1 – 750£1,431£2,047£2,967
Class F751 – 1,500£2,290£2,905£3,826
Class F1,501 – 3,000£3,148£3,764£4,685
Class G1 – 750£2,341£3,513£4,672
Class G751 – 1,500£3,746£4,917£6,076
Class G1,501 – 3,000£5,152£6,322£7,482
Class H1 – 750£1,235£1,767£2,562
Class H751 – 1,500£2,039£2,570£3,366
Class H1,501 – 3,000£2,842£3,374£4,169
Class I1 – 750£1,235£1,767£2,562
Class I751 – 1,500£2,039£2,570£3,366
Class I1,501 – 3,000£2,842£3,374£4,169

COUNSEL

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£2,886£4,150£6,044£8,058£10,072£14,102£18,136£24,174£30,218£36,262
Class C£2,526£3,609£5,231£6,975£8,718£12,205£15,696£20,924£26,155£31,386
Class D£4,000£6,000£8,000£12,000£15,000£21,000£27,000£36,000£44,999£53,999
Class E£2,526£3,609£5,231£6,975£8,718£12,205£15,696£20,924£26,155£31,386
Class F£2,526£3,609£5,231£6,975£8,718£12,205£15,696£20,924£26,155£31,386
Class G£3,609£5,412£7,216£9,620£12,026£17,200£21,651£28,862£36,077£43,294
Class H£2,526£3,609£5,231£6,975£8,718£12,205£15,696£20,924£26,155£31,386
Class I£2,526£3,609£5,231£6,975£8,718£12,205£15,696£20,924£26,155£31,386
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£2,165£3,112£4,533£6,044£7,556£10,577£13,603£18,131£22,665£27,198
Class C£1,894£2,707£3,924£5,233£6,541£9,157£11,776£15,696£19,621£23,545
Class D£3,000£4,500£6,000£9,000£11,250£15,750£20,250£27,000£33,750£40,500
Class E£1,894£2,707£3,924£5,233£6,541£9,157£11,776£15,696£19,621£23,545
Class F£1,894£2,707£3,924£5,233£6,541£9,157£11,776£15,696£19,621£23,545
Class G£2,707£4,059£5,412£7,216£9,019£12,628£16,239£21,647£27,059£32,472
Class H£1,894£2,707£3,924£5,233£6,541£9,157£11,776£15,696£19,621£23,545
Class I£1,894£2,707£3,924£5,233£6,541£9,157£11,776£15,696£19,621£23,545
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£1,877£2,697£3,929£5,238£6,548£9,167£11,788£15,713£19,641£23,570
Class C£1,642£2,345£3,401£4,355£5,667£7,935£10,203£13,601£17,002£20,403
Class D£2,600£3,900£5,200£7,800£9,750£13,650£17,550£23,400£29,250£35,100
Class E£1,642£2,345£3,401£4,535£5,667£7,935£10,203£13,601£17,002£20,403
Class F£1,642£2,345£3,401£4,535£5,667£7,935£10,203£13,601£17,002£20,403
Class G£2,345£3,518£4,690£6,253£7,817£10,943£14,072£18,758£23,448£28,139
Class H£1,642£2,345£3,401£4,535£5,667£7,935£10,203£13,601£17,002£20,403
Class I£1,642£2,345£3,401£4,535£5,667£7,935£10,203£13,601£17,002£20,403;

(d)after the Tables of Basic Trial Fees and Refresher Fees following paragraph 7, insert –

7A.(1) This paragraph applies where a fee is payable to a solicitor under this Part.

(2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the solicitor of £1 per each additional page.;

(e)in paragraph 8, before paragraph (3) insert –

(1A) The amount of the standard fee for a representative representing one assisted person in a guilty plea shall be the fee specified in paragraph 9 as appropriate to whether the case was a Guilty Plea or a Trial Preparation case, the representative (including the category of counsel instructed, as applicable) and the offence with which the assisted person was charged.

(2A) In a case where a Guilty Plea Fee is payable, subject to paragraphs 14, 15A, 18A, 18B, 29 and 30, the amount so payable shall be an all-inclusive fee.;

(f)in paragraph 8(3), omit the words “a Guilty Plea Fee or”;

(g)in paragraph 8(4), in the definition of “G2”, omit the words –

(i)“Guilty Plea Fee or”;

(ii)“where applicable”;

(h)for paragraph 9, substitute –

9.  For the purposes of paragraph 8 the fee appropriate to any offence shall be that specified in the Table below as appropriate to whether the case was a Guilty Plea or a Trial Preparation case, 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.;

(i)following paragraph 9, for the Tables of Guilty Plea Fees and Trial Preparation Fees, substitute the following Tables –

(a)Guilty Plea Fees

SOLICITOR

Offence falling withinFee
Class A£5,729
Class B£1,375
Class C£913
Class D£2,838
Class E£913
Class F£976
Class G£1,597
Class H£913
Class I£913

COUNSEL

Offence falling withinQueen’s Counsel FeeLeading Junior Counsel FeeLed Junior Counsel FeeSole Junior Counsel Fee
Class A£2,860£2,145£1,430£1,859
Class B£1,440£1,080£720£936
Class C£1,234£926£617£802
Class D£1,976£1,482£988£1,285
Class E£1,234£926£617£802
Class F£1,234£926£617£802
Class G£1,563£1,173£782£1,017
Class H£1,234£926£617£802
Class I£1,234£926£617£802

(b)Trial Preparation Fees

SOLICITOR

Offence falling withinPPE RangeFee
Class A1 – 750£6,371
Class A751 – 1,500£11,073
Class A1,501 – 3,000£24,915
Class B1 – 750£1,604
Class B751 – 1,500£2,788
Class B1,501 – 3,000£6,275
Class C1 – 750£1,053
Class C751 – 1,500£1,831
Class C1,501 – 3,000£4,119
Class D1 – 750£3,193
Class D751 – 1,500£5,549
Class D1,501 – 3,000£12,486
Class E1 – 750£1,053
Class E751 – 1,500£1,831
Class E1,501 – 3,000£4,119
Class F1 – 750£1,138
Class F751 – 1,500£1,978
Class F1,501 – 3,000£4,452
Class G1 – 750£1,863
Class G751 – 1,500£3,237
Class G1,501 – 3,000£7,283
Class H1 – 750£1,053
Class H751 – 1,500£1,831
Class H1,501 – 3,000£4,119
Class I1 – 750£1,053
Class I751 – 1,500£1,831
Class I1,501 – 3,000£4,119

COUNSEL

Offence falling within

Queen’s Counsel

Fee

Leading Junior Counsel Fee

Led Junior Counsel

Fee

Sole Junior Counsel

Fee

PPE Range
Class A1 – 750£4,500£3,375£2,250£2,925
Class A751 – 1,500£8,400£6,300£4,200£5,460
Class A1,501 – 3,000£18,900£14,175£9,450£12,285
Class B1 – 750£2,028£1,520£1,014£1,318
Class B751 – 1,500£4,134£3,100£2,067£2,686
Class B1,501 – 3,000£9,804£7,352£4,902£6,372
Class C1 – 750£1,781£1,335£891£1,158
Class C751 – 1,500£3,623£2,718£1,812£2,356
Class C1,501 – 3,000£8,095£6,071£4,047£5,262
Class D1 – 750£3,000£2,250£1,500£1,950
Class D751 – 1,500£6,337£4,752£3,168£4,119
Class D1,501 – 3,000£13,424£10,068£6,712£8,726
Class E1 – 750£1,781£1,335£891£1,158
Class E751 – 1,500£3,623£2,718£1,812£2,356
Class E1,501 – 3,000£8,585£6,438£4,293£5,581
Class F1 – 750£1,781£1,335£891£1,158
Class F751 – 1,500£3,623£2,718£1,812£2,356
Class F1,501 – 3,000£8,585£6,438£4,293£5,581
Class G1 – 750£2,600£1,951£1,300£1,690
Class G751 – 1,500£5,233£3,924£2,616£3,401
Class G1,501 – 3,000£12,320£9,241£6,160£8,008
Class H1 – 750£1,781£1,335£891£1,158
Class H751 – 1,500£3,623£2,718£1,812£2,356
Class H1,501 – 3,000£8,585£6,438£4,293£5,581
Class I1 – 750£1,781£1,335£891£1,158
Class I751 – 1,500£3,623£2,718£1,812£2,356
Class I1,501 – 3,000£8,585£6,438£4,293£5,581;

(j)in paragraph 9A, substitute –

9A.(1) This paragraph applies where a Trial Preparation Fee is payable to a representative under this Part.

(2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the representative of £1 per each additional page.;

(k)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 date of the first arraignment, a Guilty Plea Fee as appropriate to the offence with which the assisted person was charged;

(b)if the solicitor was dismissed or withdrew after the first arraignment and before the trial (if any) commenced, a Trial Preparation Fee as appropriate to the offence with which the assisted person was charged;

(c)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 23rd March 2016

Legal seal

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 23rd March 2016

Legal seal

Emer Morelli

A senior officer of the Department of Finance and Personnel

EXPLANATORY NOTE

(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 –

  • introduce new standard fees, payable to solicitors 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 and 7(i));

  • substitute increased levels of standard fees for guilty pleas and trials (rules 4 and 7(c) and (i));

  • 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 7(k)); and

  • make other minor and consequential amendments.

The Rules come into operation on 15th April 2016.

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 5th May 2015, subject to a transitional provision (rule 3).

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