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The Legal Aid for Crown Court Proceedings (Costs) (Amendment No. 3) Rules (Northern Ireland) 2016

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Citation and commencement

1.  These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) (Amendment No. 3) Rules (Northern Ireland) 2016 and shall come into operation on 1st December 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(1).

Application and transitional arrangements

3.—(1) Without prejudice to paragraph (2), 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 1st December 2016.

(2) Rules 4, 5 and 6 of these Rules also 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 before 1st December 2016 where the costs remain to be determined by the Department of Justice under rule 8 or 11, as applicable.

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 Schedule 1–

(a)In paragraph 15C(1)(c), after “;” omit “and”;

(b)In paragraph 15C(1)(d), for “.” substitute “;”;

(c)In paragraph 15C(1), after sub-paragraph (d), insert—

(e)the hearing of an application for a Slavery and Trafficking Prevention Order under paragraph 2, 6 or 7 of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015(2); and

(f)the hearing of an application for a Violent Offences Prevention Order under section 57, 60 or 61 of the Justice Act (Northern Ireland) 2015(3)..

6.  In Schedule 3, under the heading “Class H – Miscellaneous lesser offences”, after

Being drunk when in aircraftAir Navigation (No. 2) Order 1995 Art. 571995 No. 1970

insert—

Breach of a Slavery and Trafficking Prevention OrderHuman Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 20152015 c. 9 (N.I.)
Breach of a Violent Offences Prevention OrderJustice Act (Northern Ireland) 20152015 c. 2 (N.I.)

Sealed with the Official Seal of the Department of Justice on 9th November 2016

Legal seal

Claire Sugden

Minister of Justice

The Department of Finance hereby approves the foregoing Rules

Sealed with the Official Seal of the Department of Finance on 9th November 2016

Legal seal

Emer Morelli

A senior officer of the Department of Finance

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