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The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) (Amendment) Rules (Northern Ireland) 2016

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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 28, 28A or 30 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 on or after 1st December 2016.

(2) These Rules also apply for the determination of costs which are payable –

(a)in respect of work done under a criminal aid certificate granted under Article 28, 28A or 30 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 before 1st December 2016;

(b)where a Certificate of Exceptionality is granted to the representative under rules 10A to 10D of the Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009, as amended by these Rules (“the amended Rules”); and

(c)subject to paragraph (3), the work which is the subject-matter of the Certificate of Exceptionality was done on or after 1st December 2016.

(3) If satisfied that it is in the interests of justice to do so, the Department of Justice may treat any work done before 1st December 2016 as forming part of the additional hours of preparation work authorised under rule 10C or 10D of the amended Rules, as applicable.

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