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Statutory Rules of Northern Ireland

2005 No. 112

LEGAL AID AND ADVICE

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

Made

9th March 2005

To be laid before Parliament

Coming into operation

4th April 2005

The Lord Chancellor, 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 him(2), and of all other powers enabling him in that behalf, after consultation with the Lord Chief Justice, the Attorney General and the Crown Court Rules Committee and with the approval of the Treasury, and having had regard to the matters specified in Article 37, hereby makes the following Rules:

Modifications etc. (not altering text)

Citation and commencementN.I.

1.  These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 and shall come into operation on 4th April 2005.

Commencement Information

I1Rule 1 in operation at 4.4.2005, see rule 1

InterpretationN.I.

2.  In these Rules, unless the context otherwise requires –

F1...

“Application Fee” has the meaning given by paragraphs 12(2), 13(3), 14(2) and 16 of Schedule 1;

“Basic Trial Fee” has the meaning given by paragraph 3 of Schedule 1;

[F2“case” means proceedings—

(a)

in the Crown Court against one assisted person-

(i)

on one or more counts of a single indictment; or

(ii)

arising out of a single alleged breach of an order of the Crown Court,and a case falling within sub-paragraph (ii) shall be treated as a separate case from the proceedings in which the order was made; or

(b)

where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

as the case may be.]

[F3“Certificate of Exceptionality” has the meaning given by rules 11A to 11E;]

F1...

“Class of Offence” has the meaning given by paragraphs 4 and 5 of Schedule 1;

F4...

“costs” means, in the case of a solicitor, the fees and disbursements payable under Article 36 of the Order and, in the case of an [F5counsel], the fees payable under that Article;

“counsel” means counsel assigned under a criminal aid certificate granted under Article 29 of the Order, or counsel who undertook the defence of a person at the request of the judge under Article 36(2) of the Order [F6, or counsel assigned under Article 28 of the Order for a case where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998];

[F7“court-ordered youth conference” has the meaning given by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“the Department” means the Department of Justice established by the Department of Justice Act (Northern Ireland) 2010;]

F8...

“disbursements” means travelling and witness expenses and other out of pocket expenses incurred by a solicitor in giving legal aid;

“fee-earner” means a solicitor or any clerk who regularly does work for which it is appropriate to make a direct charge to the client;

“[F9Guilty Plea Fee]” has the meaning given by paragraph 3 of Schedule 1;

“[F10Trial Preparation Fee]” has the meaning given by paragraph 3 of Schedule 1;

“legal aid” means legal aid given under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order [F11, or granted under Article 28 of the Order for a case where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998];

[F12“main hearing” means—

(a)

in relation to a case which goes to trial, the trial,

(b)

in relation to a case where a Trial Preparation Fee is payable F13..., the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing, and

(c)

in relation to any proceedings specified in paragraph 2 of Schedule 1, the final hearing]

[F14“meeting” has the meaning given by Article 3A(1) and (2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;]

“Newton hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;

“the Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(3);

[F14“PPE Range” means the number of pages of prosecution evidence, and for this purpose the number of pages of prosecution evidence includes all–

(a)

witness statements,

(b)

documentary and pictorial exhibits,

(c)

records of interviews with the assisted person, and

(d)

records of interviews with other defendants,

served on the court;

“Queen’s Counsel” includes senior counsel practising outside of Northern Ireland;]

“Refresher Fee” in respect of a solicitor has the meaning given by rule 8(3), and in respect of an [F5counsel] has the meaning given by rule 11(3);

“representative” means a solicitor or an [F5counsel];

“the 1992 Rules” means the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992(4);

“solicitor” means a solicitor assigned under a criminal aid certificate granted under Article 29 of the Order, or a solicitor who undertook the defence of a person at the request of the judge under Article 36(2) of the Order [F15or a solicitor assigned under Article 28 of the Order for a case where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998];

“Table of Offences” has the meaning given by paragraphs 4 and 5 of Schedule 1;

“taxing master” means the Master (Taxing Office);

[F16“trial” includes contest proceedings where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) 1998;]

[F14“youth conference” has the meaning given by Article 3A(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“youth conference co-ordinator” has the meaning given by Article 3A(3) of the Criminal Justice (Children) (Northern Ireland) Order 1998.]

F17...

F17...

Textual Amendments

Commencement Information

I2Rule 2 in operation at 4.4.2005, see rule 1

Application and transitional arrangementsN.I.

3.—(1) Subject to [F18paragraphs (2) and (4)], these Rules shall 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 Order on or after 4th April 2005.

(2) A representative whose fees under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order before 4th April 2005 would otherwise be determined in accordance with the 1992 Rules may apply to [F19the Department to have his fees determined and paid in accordance with these Rules.

(3) Where [F19the Department] grants an application made under paragraph (2), the representative shall submit his claim in accordance with rule 7 or rule 10 as applicable and, in so doing, he shall forfeit any entitlement to have his fees determined and paid in accordance with the 1992 Rules.

[F20(4) These Rules shall apply for the determination of costs which are payable in respect of work done under a criminal aid certificate granted under Article 28 of the Order on or after 1st December 2024, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998.]

Textual Amendments

Commencement Information

I3Rule 3 in operation at 4.4.2005, see rule 1

GeneralN.I.

4.—(1) F21... Costs in respect of work done under a criminal aid certificate to which these Rules apply shall be determined by the Department in accordance with these Rules and having regard to such directions and guidance as may be issued by the Lord Chancellor.

(2) In determining costs, [F19the Department] shall, subject to and in accordance with these Rules –

(a)take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved; and

(b)allow a reasonable amount in respect of all work reasonably undertaken and properly done.

[F22(3) Nothing in these Rules permits the payment of a leading junior counsel fee to counsel or a solicitor of less than fifteen years’ standing.]

Textual Amendments

Commencement Information

I4Rule 4 in operation at 4.4.2005, see rule 1

[F23Enhanced costs where solicitor conducts trial or hearingN.I.

4A.—(1) Where a solicitor exercising his right of audience under section 50 of the Judicature (Northern Ireland) Act 1978 conducts a trial or hearing without counsel he shall be entitled to an enhancement of his costs in accordance with this rule.

(2) Subject to paragraphs (4) to (6), where the solicitor has at least three years’ standing, the amount of any enhancement under this rule shall be the standard fee to which a sole junior counsel, if conducting the trial or hearing, would have been entitled.

(3) Subject to paragraphs (4) to (6), where the solicitor has less than three years’ standing, the amount of any enhancement under this rule shall be fifty per cent of the standard fee to which a sole junior counsel, if conducting the trial or hearing, would have been entitled.

(4) This rule also applies where a criminal aid certificate was granted for two counsel and a solicitor conducts the trial or hearing with or without a second counsel.

(5) Where the solicitor has at least three years’ standing, the amount of any enhancement under this rule shall be the standard fee to which a leading junior counsel (or led junior counsel, as applicable), if conducting the trial or hearing, would have been entitled.

(6) Where the solicitor has less than three years’ standing, the amount of any enhancement under this rule shall be fifty percent of the standard fee to which a leading junior counsel (or led junior counsel, as applicable), if conducting the trial or hearing, would have been entitled.]

Textual Amendments

Interim payment of disbursementsN.I.

5.—(1) A solicitor may submit a claim to the Department] for payment of a disbursement for which he has incurred liability in criminal proceedings in F24... Court in accordance with the provisions of this rule.

(2) A claim for payment may be made where –

(a)the disbursement falls within any guidance issued by [F19the Department] in respect of criminal proceedings in F25... Court, or the solicitor has obtained prior authority from [F19the Department] to incur the expenditure; [F26and]

(b)the total liability for such disbursement exceeds [F27£250.]

F28(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Without prejudice to rule 9(4), a claim under paragraph (1) shall not exceed [F29£3,500] or the maximum fee authorised under the prior authority, whichever is the greater.

(4) A claim for payment under paragraph (1) may be made at any time before the solicitor submits a claim for costs under rule 7(2).

(5) A claim under paragraph (1) shall be submitted to [F19the Department] in such form and manner as it may direct and shall be accompanied by the authority to incur the expenditure (if applicable) and any invoices or other documents in support of the claim.

(6) [F19The Department] shall allow the disbursement, subject to the limit in paragraph (3), if it appears to have been reasonably incurred and discharged in accordance with the guidance or prior authority.

(7) Where [F19the Department] allows the disbursement, it shall notify the solicitor and authorise payment to him accordingly.

(8) Rules 13 to 15 (redetermination etc.) shall not apply to a payment under this rule.

[F30(9) In this rule, “Court” means—

(a)the Crown Court; or

(b)the magistrates’ court, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

as the case may be.]

Textual Amendments

Commencement Information

I5Rule 5 in operation at 4.4.2005, see rule 1

Interim disbursements and final determination of costsN.I.

6.—(1) On a final determination of costs, rules 7(2) and (3)(e) and 9 shall apply notwithstanding that a payment has been made under rule 5.

(2) Where the amount found to be due under rule 9 in respect of a disbursement is less than the amount paid under rule 5 (“the interim disbursement”), [F31the Department] shall deduct the difference from the sum otherwise payable to the solicitor on the determination of costs, and where the amount due under rule 9 exceeds the interim disbursement, [F31the Department] shall add the difference to the amount otherwise payable to the solicitor.

Textual Amendments

Commencement Information

I6Rule 6 in operation at 4.4.2005, see rule 1

Claims for costs by solicitorsN.I.

7.—(1) Subject to rule 19, no claim by a solicitor for costs in respect of work done under a criminal aid certificate shall be entertained unless he submits it within three months of the conclusion of the proceedings to which the criminal aid certificate relates F32....

(2) Subject to paragraph (3), a claim for costs shall be submitted to [F33the Department] in such form and manner as it may direct and shall be accompanied by any receipts or other documents in support of any disbursement claimed.

(3) A claim shall –

(a)summarise, where appropriate, the items of work done by a fee-earner in respect of which fees are claimed according to the classes of fee specified in rule 8(3);

(b)state the dates on which the items of work were done, the time taken where appropriate, the sums claimed and whether the work was done for more than one assisted person;

(c)specify, where appropriate, the fee-earner who undertook each of the items of work claimed;

(d)give particulars of any work done in relation to more than one indictment or a retrial; and

(e)specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.

F34(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where there are any special circumstances which should be drawn to the attention of [F33the Department], the solicitor shall specify them.

(6) The solicitor shall supply such further particulars, information and documents as [F33the Department] may require.

Textual Amendments

Commencement Information

I7Rule 7 in operation at 4.4.2005, see rule 1

Determination of solicitors' feesN.I.

8.—(1) [F35The Department] shall consider the claim, any further particulars, information or documents submitted by the solicitor under rule 7 and any other relevant information and shall allow such work as appears to it to have been reasonably undertaken and properly done.

(2) Subject to the provisions of this rule, [F35the Department] shall allow fees for work allowed by it under this rule in accordance with Schedule 1.

(3) [F35The Department] may, except in relation to work for which a [F36Guilty Plea Fee] is payable or a fixed fee is allowed under paragraph (15), allow any of the following classes of fee to the solicitor in respect of work allowed by it under this rule –

(a)a Basic Trial Fee [F37or Trial Preparation Fee, as applicable] F38..., for preparation and, where appropriate, the first day’s hearing including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(b)a Refresher Fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(c)subsidiary fees for attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by sub-paragraph (a) or (b).

F39(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40(14A) Costs in respect of work done in a case which proceeded to trial and that trial lasted more than 80 days shall be assessed by [F35the Department] in accordance with paragraph (14B), and on an exceptional basis may be submitted to the Department for approval.

(14B) When assessing the costs payable under paragraph (14A), [F35the Department] shall have regard to–

(a)the Basic Trial Fee and the Refresher Fee payable for trials lasting between 17 and 80 days; and

(b)any Additional Fees which would otherwise be payable under Part 4 of Schedule 1.]

(15) In any proceedings specified in paragraph 2 of Schedule 1, [F35the Department] shall allow a fixed fee calculated in accordance with paragraphs 19, 20(2) and 21(2) and (3), together with any travelling allowance payable under paragraph 29(1), of that Schedule.

Textual Amendments

Commencement Information

I8Rule 8 in operation at 4.4.2005, see rule 1

Determination of solicitors' disbursementsN.I.

9.—(1) Subject to the provisions of this rule, [F41the Department] shall allow such disbursements claimed under rule 7 as appear to it to have been actually and reasonably incurred.

(2) No question as to the propriety of any step or act in relation to which prior authority has been obtained under these Rules shall be raised on any determination of costs, unless the solicitor knew or ought reasonably to have known that the purpose for which the authority was given had failed or had become irrelevant or unnecessary before the costs were incurred.

(3) Where costs are reasonably incurred in accordance with and subject to the limit imposed by a prior authority given under these Rules, no question shall be raised on any determination of costs as to the amount of the payment to be allowed for the step or act in relation to which the authority was given.

(4) Where costs are incurred in taking any steps or doing any act for which authority may be given under these Rules, without such authority having been given or in excess of any fee so authorised, payment in respect of those costs may nevertheless be allowed on a determination of costs.

Textual Amendments

Commencement Information

I9Rule 9 in operation at 4.4.2005, see rule 1

Claims for fees by advocatesN.I.

10.—(1) Subject to rule 19, no claim by an [F5counsel] for fees for work done under a criminal aid certificate shall be entertained unless he submits it within three months of the conclusion of the proceedings to which the criminal aid certificate relates F42....

(2) Subject to paragraph (3), a claim for fees shall be submitted to [F43the Department] in such form and manner as it may direct.

(3) A claim shall –

(a)summarise, where appropriate, the items of work in respect of which fees are claimed according to the classes of fee specified in rule 11(3);

(b)state the dates on which the items of work were done, the time taken where appropriate, the sums claimed and whether the work was done for more than one assisted person; and

(c)give particulars of any work done in relation to more than one indictment or a retrial.

F44(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where there are any special circumstances which should be drawn to the attention of [F43the Department], the [F5counsel] shall specify them.

(6) The [F5counsel] shall supply such further particulars, information and documents as [F43the Department] may require.

Textual Amendments

Commencement Information

I10Rule 10 in operation at 4.4.2005, see rule 1

Determination of advocates' feesN.I.

11.—(1) [F45The Department] shall consider the claim, any further particulars, information or documents submitted by the [F5counsel] under rule 10 and any other relevant information and shall allow such work as appears to it to have been reasonably undertaken and properly done.

(2) Subject to the provisions of this rule, [F45the Department] shall allow fees for work allowed by it under this rule in accordance with Schedule 1.

(3) [F45The Department] may, except in relation to work for which a [F46Guilty Plea Fee] is payable or a fixed fee is allowed under paragraph (9), allow any of the following classes of fee to the [F5counsel] in respect of work allowed by it under this rule –

(a)a Basic Trial Fee or [F47Trial Preparation Fee], as applicable, for preparation and, where appropriate, the first day’s hearing including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(b)a Refresher Fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(c)subsidiary fees for –

(i)attendance at consultations and views not covered by sub-paragraph (a) or (b);

(ii)attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by sub-paragraph (a) or (b).

F48(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49(8A) Costs in respect of work done in a case which proceeded to trial and that trial lasted more than 80 days shall be assessed by [F45the Department] in accordance with paragraph (8B), and on an exceptional basis may be submitted to the Department for approval.

(8B) When assessing the costs payable under paragraph (8A), [F45the Department] shall have regard to–

(a)the Basic Trial Fee and the Refresher Fee payable for trials lasting between 73 and 80 days; and

(b)any Additional Fees which would otherwise be payable under Part 4 of Schedule 1.]

(9) In any proceedings specified in paragraph 2 of Schedule 1, [F45the Department] shall allow a fixed fee calculated in accordance with paragraphs 19, 20(2) and 21(2) and (3), together with any travelling allowance payable under paragraph 30(1), of that Schedule.

Textual Amendments

Commencement Information

I11Rule 11 in operation at 4.4.2005, see rule 1

[F50Exceptional Preparation – Application for Certificate of ExceptionalityN.I.

11A.—(1) Where a representative considers that a case (or part of a case which is the subject-matter of the application) –

(a)involves a point of law or factual issue that is very unusual or novel;

(b)additional preparation work is reasonably required on the part of the representative in order to prepare the assisted person’s defence; and

(c)that work is substantially in excess of the amount normally required for cases of the same type,

the representative may apply to the Department for a Certificate of Exceptionality in accordance with the provisions of this rule.

(2) The application may be submitted by a representative on his own behalf or on behalf of himself and another representative of the assisted person.

(3) The application shall be submitted by the representative at the earliest opportunity after the assisted person has been returned for trial and, subject to paragraph (4), not later than the commencement of the trial.

(4) If satisfied that it was not reasonably practicable for the representative to submit the application earlier, the Department may accept such application after the commencement of the trial.

(5) The application shall be submitted to the Department in such form and manner as it may direct, specifying –

(a)the basis upon which the application is made;

(b)the nature of the work which is the subject-matter of the application;

(c)the number of additional hours sought for each piece of work which is the subject-matter of the application; and

(d)the representative or other fee-earner who will be responsible for each piece of the work.

(6) A representative applying for additional funding under this rule shall supply such further information and documents (including a Costed Case Plan) as may be required by the Department in support of the application.

(7) In this rule a “Costed Case Plan” means a case plan in such form as the Department may direct setting out the additional preparation work which the representative is proposing to undertake, together with the estimated hours and cost of same in accordance with the prescribed hourly rates of payment applicable to that category of representative or other fee-earner.

Textual Amendments

Exceptional Preparation – Determination of applicationN.I.

11B.—(1) The Department may grant an application for a Certificate of Exceptionality only if it is satisfied that each of the criteria prescribed in rule 11A(1) is met.

(2) Subject to paragraph (1), the Department shall grant a Certificate of Exceptionality to each representative it deems satisfies the criteria.

(3) If it is not satisfied that the criteria prescribed in rule 11A(1) are met, the Department shall refuse the application or, if it considers it appropriate to do so, it may defer its decision on the application until such time as the representative supplies further information to satisfy the criteria.

(4) The Department shall communicate its decision made under this rule, together with its reasons for refusing the application or deferring its decision, as applicable, in writing to the representative (or each representative, as applicable).

Textual Amendments

Exceptional Preparation – Grant of applicationN.I.

11C.—(1) This rule applies where the Department grants a Certificate of Exceptionality under rule 11B.

(2) The Department shall authorise additional hours by the representative or other fee-earner, as applicable, at the rate specified in the relevant table following rule 11E(7), up to a specified maximum to cover such additional preparation work as it will approve under the Certificate.

(3) Where the Department has authorised additional preparation work under paragraph (2), the representative may carry out such additional work up to the maximum number of hours specified under the Certificate.

(4) If further hours of preparation work are required, in excess of those authorised under paragraph (2), the representative shall apply in advance to the Department for an extension under the Certificate.

(5) Without prejudice to paragraphs (2) to (4), the Department shall require the representative (or each representative, as applicable) –

(a)to record contemporaneously the number of hours the representative or other fee-earner spends in preparation work on the case, together with a description of the nature of the work performed on each occasion and a note of the fee-earner performing that work, as applicable;

(b)to maintain such records in a permanently accessible format; and

(c)to provide periodic reports and projections as to the future costs of the case to the Department at such times and in such a form as the Department shall direct.

(6) The periodic reports provided to the Department under paragraph (5)(c) shall, if so directed by the Department, include copies of the records maintained by the representative under paragraph (5)(b).

(7) If a representative fails to comply with paragraph (5) without good reason, the Department shall revoke the Certificate granted to that representative, provided that the Certificate shall not be revoked unless the representative has been permitted a reasonable opportunity to show cause in writing why the Certificate should not be revoked.

(8) Where a Certificate of Exceptionality granted to a representative has been revoked under paragraph (7), that representative’s fees shall be determined under rule 8 or 11, as appropriate, as if the Certificate had never been granted.

Textual Amendments

Exceptional Preparation – Appeal to the taxing masterN.I.

11D.—(1) A representative may appeal to the taxing master against a decision made by the Department under rule 11B or 11C and, subject to rule 19, such an appeal shall be instituted within 21 days of receiving notification of the decision by giving notice in writing to the taxing master.

(2) The provisions of rule 14(3) to (13) shall apply with the necessary modifications to an appeal brought under paragraph (1).

(3) The decision of the taxing master on an appeal under paragraph (2) shall be final.

Textual Amendments

Exceptional Preparation – Determination of representatives’ feesN.I.

11E.—(1) This rule applies to the determination of fees where the fees are claimed by a representative to whom a Certificate of Exceptionality has been granted under rule 11B, and that certificate has not been revoked under rule 11C.

(2) Fees payable under this rule shall be assessed and determined by the Department in accordance with this rule and having regard to such directions and guidance as may be issued by the Department.

(3) When determining the fees payable to a representative under paragraph (2), the Department shall –

(a)have regard to any standard fees payable to the representative under rule 8 or rule 11, as appropriate;

(b)assess the fees claimed for any additional preparation work based only on the hours recorded in the contemporaneous records maintained by the representative; and

(c)where it decides that an additional payment is required under Article 37 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, allow fees for such additional preparation work at rates no higher than those set out for the appropriate representative (or other fee-earner, as applicable) in the relevant table following paragraph (7).

(4) If the Department authorised additional preparation work under rule 11C(1) to (4) –

(a)the representative shall account to the Department for the manner in which any authorised hours were expended; and

(b)the work allowed this rule shall not exceed the total number of hours so authorised.

(5) The Department shall not allow payment for any additional hours claimed under the Certificate of Exceptionality unless satisfied by the representative that the additional preparation work was reasonably undertaken and properly done.

(6) The Department may require the representative to provide any further information which it requires for the purpose of the determination under this rule.

(7) Any fees allowed under this rule shall be paid to the representative together with the standard fees allowed under Schedule 1.

TABLES OF PRESCRIBED HOURLY RATES FOR EXCEPTIONAL PREPARATION WORK

SOLICITOR
Senior SolicitorSolicitorAn apprentice or fee earner of equivalent experience
Hourly rate£130£90£50
COUNSEL
Queen’s CounselLeading Junior CounselLed Junior CounselSole Junior Counsel
Hourly rate£130£105£80£90
SOLICITOR – conducting trial or hearing under rule 4A
Solicitor with at least three years’ standingSolicitor with less than three years’ standing
Hourly rate£90£45

(8) For the purposes of this rule “senior solicitor” means a solicitor who has not less than eight years’ post qualification experience in criminal defence work.

(9) The provisions of rules 4, 7, 8(1), 10, 11(1) and 12 to 15 shall apply with the necessary modifications to the fees payable under this rule.]

Textual Amendments

Payment of costsN.I.

12.—(1) Having determined the costs payable to a representative in accordance with these Rules, [F51the Department] shall notify the representative of the costs payable and authorise payment accordingly.

(2) Where the costs payable under paragraph (1) are varied as a result of any review, redetermination or appeal made or brought pursuant to these Rules, then –

(a)where the costs are increased, [F51the Department] shall authorise payment of the increase;

(b)where the costs are decreased, the representative shall repay the amount of such decrease; and

(c)where the payment of any costs to the representative is ordered under rule 14(14) or 15(8), [F51the Department] shall authorise such payment.

Textual Amendments

Commencement Information

I12Rule 12 in operation at 4.4.2005, see rule 1

Redetermination of costs by CommissionN.I.

13.—(1) Where a representative is dissatisfied with –

(a)the classification, under paragraph 5 of Schedule 1, of an offence not specifically listed in the Table of Offences set out in Schedule 3 but deemed to fall within Class H;

F52(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the calculation of the costs payable under Schedule 1,

he may apply to [F53the Department] to reclassify the offenceF54... or to redetermine those costs as the case may be.

(2) Subject to rule 19, the application shall be made within 21 days of receiving notification of the decision or the costs payable under rule 12, as the case may be, by giving notice in writing to [F53the Department] specifying the matters in respect of which the application is made and the grounds of objection and shall be made in such form and manner as [F53the Department] may direct.

(3) The notice of application shall be accompanied by the particulars, information and documents supplied under rule 7 or 10, as appropriate.

(4) The notice of application shall state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, [F53the Department] shall notify the applicant of the time at which it is prepared to hear him or his representative.

(5) The applicant shall supply such further particulars, information and documents as [F53the Department] may require.

(6) [F53The Department] shall –

(a)review the classification referred to in paragraph (1)(a) F55... and confirm or vary it; or

(b)redetermine the costs, whether by way of confirmation, or increase or decrease in the amount previously determined,

in the light of the objections made by the applicant or on his behalf and shall notify the applicant of its decision.

(7) The applicant may request [F53the Department] to give reasons in writing for its decision and [F53the Department] shall comply with any such request.

(8) Subject to rule 19, any request under paragraph (7) shall be made within 21 days of receiving notification of the decision.

F56(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I13Rule 13 in operation at 4.4.2005, see rule 1

Appeals to the taxing masterN.I.

14.—(1) Where [F57the Department] has given its reasons for its decision under rule 13, a representative who is dissatisfied with that decision may appeal to the taxing master.

(2) Subject to rule 19, an appeal shall be instituted within 21 days of receiving the Commission’s reasons, by giving notice in writing to the taxing master.

(3) The appellant shall send a copy of any notice given under paragraph (2) to [F57the Department].

(4) The notice of appeal shall be accompanied by –

(a)a copy of the written representations given under rule 13(2);

(b)the Commission’s reasons for its decision given under rule 13(7); and

(c)the particulars, information and documents supplied to [F57the Department] under rule 13.

(5) The notice of appeal shall –

(a)be in such form as the taxing master may direct;

(b)specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined and the grounds of the objection to the determination; and

(c)state whether the appellant wishes to appear or to be represented or whether he will accept a decision given in his absence.

(6) The taxing master may, and if so directed by the Lord Chancellor either generally or in a particular case shall, send to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor may require.

(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written or oral representations to be made on his behalf and, if he intends to do so, he shall inform the taxing master and the appellant.

(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) shall be sent to the taxing master and the appellant and, in the case of oral representations, the taxing master and the appellant shall be informed of the grounds on which such representations will be made.

(9) The appellant shall be permitted a reasonable opportunity to make representations in reply.

(10) The taxing master shall inform the appellant (or his representative) and the Lord Chancellor, where representations have been or are to be made on his behalf, of the date of any hearing and, subject to the provisions of this rule, may give directions as to the conduct of the appeal.

(11) The taxing master may consult the trial judge or [F57the Department] and may require the appellant to provide any further information which he requires for the purpose of the appeal and, unless the taxing master otherwise directs, no further evidence shall be received on the hearing of the appeal and no ground of objection shall be valid which was not raised under rule 13.

(12) The taxing master shall have the same powers as [F57the Department] under these Rules and, in the exercise of such powers, may alter the redetermination of [F57the Department] in respect of any sum allowed, whether by increase or decrease as he thinks fit.

(13) The taxing master shall communicate his decision and the reasons for it in writing to the appellant, the Lord Chancellor and [F57the Department].

(14) Except where he confirms or decreases the sums redetermined under rule 13 or confirms a decision to allow fixed fees, the taxing master may allow the appellant a sum in respect of part or all of any reasonable costs (including any fee payable in respect of an appeal) incurred by him in connection with the appeal.

F58(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I14Rule 14 in operation at 4.4.2005, see rule 1

Appeals to the High CourtN.I.

15.—(1) A representative who is dissatisfied with the decision of the taxing master on an appeal under rule 14 may apply to the taxing master to certify a point of principle of general importance; provided that, if the taxing master refuses such application, the representative may renew the application before a judge of the High Court.

(2) Subject to rule 19, an application under paragraph (1) shall be made within 21 days of receiving notification of the taxing master’s decision under rule 14(13).

(3) Where the taxing master or judge certifies a point of principle of general importance, the representative may appeal to the High Court against the decision of the taxing master on an appeal under rule 14, and the Lord Chancellor shall be a respondent to such an appeal.

(4) Subject to rule 19, an appeal under paragraph (3) shall be instituted within 21 days of receiving the certificate under paragraph (1).

(5) Where the Lord Chancellor is dissatisfied with the decision of the taxing master on an appeal under rule 14, he may, if no appeal has been made by the representative under paragraph (3), appeal to the High Court against that decision, and the representative shall be a respondent to the appeal.

(6) Subject to rule 19, an appeal under paragraph (5) shall be instituted within 21 days of receiving notification of the taxing master’s decision under rule 14(13).

(7) The decision of the High Court on an appeal under paragraphs (1), (3) or (5) shall be final.

(8) The judge shall have the same powers as [F59the Department] and the taxing master under these Rules and may reverse, affirm or amend the decision appealed against or make such other order as he thinks fit.

Textual Amendments

Commencement Information

I15Rule 15 in operation at 4.4.2005, see rule 1

Very High Cost Cases – CertificationN.I.

F6016.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6116A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6216B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6316C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Very High Cost Cases – Determination of representatives' feesN.I.

F6017.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Very High Cost Cases – Review by the taxing masterN.I.

F6017A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Very High Cost Cases – Appeals to the High CourtN.I.

F6017B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restriction on paymentN.I.

18.  Where a criminal aid certificate has been granted in respect of any proceedings to which these Rules apply, a representative shall not receive or be a party to the making of any payment for work done in connection with those proceedings except such payments as may be made –

(a)by [F64the Department]; or

(b)in respect of any expenses or fees incurred in preparing, obtaining or considering any report, opinion or further evidence, whether provided by an expert witness or otherwise, where an application for an authority to incur such expenses or fees has been refused by [F64the Department].

Textual Amendments

Commencement Information

I16Rule 18 in operation at 4.4.2005, see rule 1

Time limitsN.I.

19.—(1) Subject to paragraph (2), the time limit within which any act is required or authorised to be done under these Rules may, for good reason, be extended –

(a)in the case of acts required or authorised to be done under rule 14 [F65or 15], by the taxing master or the High Court as the case may be; and

(b)in the case of acts required or authorised to be done by a representative under any other rule, by [F66the Department].

(2) Where a representative without good reason has failed (or, if an extension were not granted, would fail) to comply with a time limit, [F66the Department], the taxing master or the High Court, as the case may be, may, in exceptional circumstances, extend the time limit and shall consider whether it is reasonable in the circumstances to reduce the costs; provided that the costs shall not be reduced unless the representative has been permitted a reasonable opportunity to show cause orally or in writing why the costs should not be reduced.

(3) A representative may appeal to the taxing master against a decision made under this rule by [F66the Department] and such an appeal shall be instituted within 21 days of receiving notification of the decision by giving notice in writing to the taxing master specifying the grounds of appeal.

Textual Amendments

Commencement Information

I17Rule 19 in operation at 4.4.2005, see rule 1

ReviewN.I.

20.—(1) The [F67Department] shall keep the general operation of these Rules under review to ensure that they are consistent with the requirements of Article 37 of the Order.

(2) Without prejudice to paragraph (1), the [F67Department] shall conduct a formal review of the levels of the prescribed fees and the rates of payment under the Rules at least once in every review period.

(3) Where the [F67Department] has conducted a review under this rule, it shall publish the result of the review –

(a)as soon as is reasonably practicable;

(b)in such form as it considers appropriate; and

(c)together with any proposals it may have with respect to the matters reviewed.

(4) When conducting a review under this rule, the [F67Department] shall have regard, among the matters which are relevant, to –

(a)any representations made by the Lord Chief Justice, [F68the Attorney General,] the Law Society of Northern Ireland, the General Council of the Bar of Northern Ireland, the Director of Public Prosecutions for Northern Ireland and [F69the Department]; and

(b)any other representations which it considers to be relevant.

[F70(5) In paragraph (2) “review period” means the period of three years beginning with 5th May 2015 and each subsequent period of three years.]

Textual Amendments

Commencement Information

I18Rule 20 in operation at 4.4.2005, see rule 1

Signed by authority of the Lord Chancellor

Baroness Ashton of Upholland

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 9th March 2005

We approve

Jim Murphy

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 14th March 2005

Rules 8 and 11

SCHEDULE 1N.I.STANDARD FEES

PART 1N.I.definition and scope

F711.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

2.  Paragraphs 19, 20(2), 21(2) and (3), 29(1) and 30(1) of this Schedule also apply to the following proceedings in the Crown Court [F72, or proceedings where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998] –N.I.

(a)proceedings arising out of an alleged breach of an order of the F73... Court (whether or not this Schedule applies to the proceedings in which the order was made); and

(b)proceedings for contempt committed, or alleged to have been committed, by an individual in the face of the Court, and where a court grants legal aid to a person for the purposes of proceedings under this sub-paragraph it may assign to him, for the purposes of those proceedings, any representative who is within the precincts of the court.

Textual Amendments

Commencement Information

I19Sch. 1 para. 2 in operation at 4.4.2005, see rule 1

3.—(1) A case on indictment is a guilty plea if it was disposed of without a trial because the assisted person pleaded guilty to one or more counts.N.I.

(2) Subject to sub-paragraph (3), a [F74Guilty Plea Fee] shall be payable in a case where the assisted person pleaded guilty to one or more counts [F75at the first arraignment] F76... and the case did not proceed to trial.

(3) A [F77Trial Preparation Fee] shall be payable F78... in a case where the assisted person pleaded guilty to one or more counts after the first arraignment but before the end of the first full day of trial and the trial did not proceed further.

(4) A Basic Trial Fee shall only be payable in a case where the assisted person pleaded not guilty to one or more counts and the trial proceeded beyond the first full day of trial (or it was otherwise completed as a trial within one day).

[F79(5) For the purposes of sub-paragraphs (3) and (4), a day shall not be considered as the first full day of trial unless:

(a)the prosecution had opened its case and the first prosecution witness had begun to give evidence; or

(b)where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998, and where the case was contested:

(i)on the papers only;

(ii)on legal arguments, with no witnesses being called; or

(iii)with the prosecution evidence being accepted but a defence was put forward.]

Textual Amendments

Commencement Information

I20Sch. 1 para. 3 in operation at 4.4.2005, see rule 1

4.  A reference in this Schedule to the Table of Offences refers to the Table of Offences in Schedule 3 and [F80, subject to paragraph 4A,] a reference in this Schedule to a Class of Offence refers to the Class in which that offence is listed in the Table of Offences.N.I.

Textual Amendments

Commencement Information

I21Sch. 1 para. 4 in operation at 4.4.2005, see rule 1

[F814A.—(1) This paragraph applies to the following offences—N.I.

(a)causing death by dangerous driving, contrary to Article 9 of the Road Traffic (Northern Ireland) Order 1995;

(b)causing death by careless driving while under the influence of drink or drugs, contrary to Article 14 of the Road Traffic (Northern Ireland) Order 1995;

(c)aggravated vehicle taking resulting in death, contrary to Article 172B of the Road Traffic (Northern Ireland) Order 1981.

(2) Notwithstanding the provisions in paragraphs 4 and 5(1)(a), for the purpose of this Schedule, the offences listed in sub-paragraph (1) shall be deemed to fall within Class D, rather than Class B, in the Table of Offences.]

Textual Amendments

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

(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(5), 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 [F82the Department];

(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 [F82the Department] to reclassify the offence.

Textual Amendments

Commencement Information

I22Sch. 1 para. 5 in operation at 4.4.2005, see rule 1

PART 2N.I.standard fees for trials

6.—(1) The amount of the standard fee for a representative representing one assisted person tried on one indictment in F83... Court shall be calculated according to the following formula –N.I.

[F84(1A) In this paragraph, “Court” means—

(a)the Crown Court; or

(b)the magistrates’ court, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

as the case may be.]

(2) In the formula in sub-paragraph (1) –

  • S1 is the amount of the standard fee;

  • B is the Basic Trial Fee specified in paragraph 7 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable), the offence for which the assisted person was tried and the actual duration of the trial;

  • d is the number of days or parts of a day (measured in units of half a day) by which the trial exceeded one day;

  • R is the Refresher Fee specified in paragraph 7 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) and the actual duration of the trial;

  • AF is the amount of any Additional Fees payable under Part 4 of this Schedule; and

  • T is the amount of any travelling allowance payable under paragraph 29 or 30, as applicable.

Textual Amendments

Commencement Information

I23Sch. 1 para. 6 in operation at 4.4.2005, see rule 1

7.  For the purposes of paragraph 6 the Basic Trial Fee and Refresher Fee appropriate to any offence shall be those specified in the Table below as appropriate to the representative (including the category of [F5counsel] instructed, as applicable), the Class within which that offence falls according to paragraph 5 and the actual duration of the trial.N.I.

Textual Amendments

Commencement Information

I24Sch. 1 para. 7 in operation at 4.4.2005, see rule 1

[F85TABLES OF BASIC TRIAL FEES AND REFRESHER FEESN.I.

Textual Amendments

(a) Basic Trial Fees
SOLICITOR
Actual Duration of Trial
Offence falling withinPPE rangeTrial Fee 1Trial Fee 2Trial Fee 3
1 – 8 Days9 – 16 Days17 – 80 Days
Class A1 – 750£6,504£8,650£12,944
Class A751 – 1,500£10,053£12,200£16,493
Class A1,501 – 3,000£13,601£15,748£20,041
Class B1 – 750£2,340£3,369£4,917
Class B751 – 1,500£3,743£4,771£6,321
Class B1,501 – 3,000£5,146£6,175£7,723
Class C1 – 750£1,433£2,050£2,972
Class C751 – 1,500£2,365£2,981£3,905
Class C1,501 – 3,000£3,297£3,914£4,836
Class D1 – 750£3,623£5,432£7,226
Class D751 – 1,500£5,785£7,597£9,390
Class D1,501 – 3,000£7,949£9,761£11,552
Class E1 – 750£1,433£2,050£2,972
Class E751 – 1,500£2,365£2,981£3,905
Class E1,501 – 3,000£3,297£3,914£4,836
Class F1 – 750£1,660£2,375£3,442
Class F751 – 1,500£2,656£3,370£4,438
Class F1,501 – 3,000£3,652£4,366£5,435
Class G1 – 750£2,716£4,075£5,420
Class G751 – 1,500£4,345£5,704£7,048
Class G1,501 – 3,000£5,976£7,334£8,679
Class H1 – 750£1,433£2,050£2,972
Class H751 – 1,500£2,365£2,981£3,905
Class H1,501 – 3,000£3,297£3,914£4,836
Class I1 – 750£1,433£2,050£2,972
Class I751 – 1,500£2,365£2,981£3,905
Class I1,501 – 3,000£3,297£3,914£4,836
COUNSEL
King’s Counsel
Actual Duration of Trial
Offence falling withinTrial Fee 1Trial Fee 2Trial Fee 3Trial Fee 4Trial Fee 5Trial Fee 6Trial Fee 7Trial Fee 8Trial Fee 9Trial Fee 10
1 to 8 days9 to 16 days17 to 24 days25 to 32 days33 to 40 days41 to 48 days49 to 56 days57 to 64 days65 to 72 days73 to 80 days
Class A£6,960£9,280£13,920£18,560£23,200£32,480£41,760£55,680£69,600£83,520
Class B£3,348£4,814£7,011£9,347£11,684£16,358£21,038£28,042£35,053£42,064
Class C£2,930£4,186£6,068£8,091£10,113£14,158£18,207£24,272£30,340£36,408
Class D£4,640£6,960£9,280£13,920£17,400£24,360£31,320£41,760£52,199£62,639
Class E£2,930£4,186£6,068£8,091£10,113£14,158£18,207£24,272£30,340£36,408
Class F£2,930£4,186£6,068£8,091£10,113£14,158£18,207£24,272£30,340£36,408
Class G£4,186£6,278£8,371£11,159£13,950£19,952£25,115£33,480£41,849£50,221
Class H£2,930£4,186£6,068£8,091£10,113£14,158£18,207£24,272£30,340£36,408
Class I£2,930£4,186£6,068£8,091£10,113£14,158£18,207£24,272£30,340£36,408
Leading Junior Counsel
Actual Duration of Trial
Offence falling withinTrial Fee 1Trial Fee 2Trial Fee 3Trial Fee 4Trial Fee 5Trial Fee 6Trial Fee 7Trial Fee 8Trial Fee 9Trial Fee 10
1 to 8 days9 to 16 days17 to 24 days25 to 32 days33 to 40 days41 to 48 days49 to 56 days57 to 64 days65 to 72 days73 to 80 days
Class A£5,220£6,960£10,440£13,920£17,400£24,360£31,320£41,760£52,200£62,640
Class B£2,511£3,610£5,258£7,011£8,765£12,269£15,779£21,032£26,291£31,550
Class C£2,197£3,140£4,552£6,070£7,588£10,622£13,660£18,207£22,760£27,312
Class D£3,480£5,220£6,960£10,440£13,050£18,270£23,490£31,320£39,150£46,980
Class E£2,197£3,140£4,552£6,070£7,588£10,622£13,660£18,207£22,760£27,312
Class F£2,197£3,140£4,552£6,070£7,588£10,622£13,660£18,207£22,760£27,312
Class G£3,140£4,708£6,278£8,371£10,462£14,648£18,837£25,111£31,388£37,668
Class H£2,197£3,140£4,552£6,070£7,588£10,622£13,660£18,207£22,760£27,312
Class I£2,197£3,140£4,552£6,070£7,588£10,622£13,660£18,207£22,760£27,312
Led Junior Counsel
Actual Duration of Trial
Offence falling withinTrial Fee 1Trial Fee 2Trial Fee 3Trial Fee 4Trial Fee 5Trial Fee 6Trial Fee 7Trial Fee 8Trial Fee 9Trial Fee 10
1 to 8 days9 to 16 days17 to 24 days25 to 32 days33 to 40 days41 to 48 days49 to 56 days57 to 64 days65 to 72 days73 to 80 days
Class A£4,176£5,568£8,352£11,136£13,920£19,488£25,056£33,408£41,760£50,112
Class B£2,009£2,887£4,206£5,607£7,011£9,814£12,622£16,823£21,030£25,236
Class C£1,464£2,093£3,035£4,046£5,059£7,011£9,106£12,139£15,173£18,207
Class D£2,320£3,480£4,640£6,960£8,700£12,180£15,660£20,880£26,100£31,320
Class E£1,464£2,093£3,035£4,046£5,059£7,011£9,106£12,139£15,173£18,207
Class F£1,464£2,093£3,035£4,046£5,059£7,011£9,106£12,139£15,173£18,207
Class G£2,093£3,140£4,186£5,581£6,976£9,767£12,560£16,742£20,928£25,114
Class H£1,464£2,093£3,035£4,046£5,059£7,011£9,106£12,139£15,173£18,207
Class I£1,464£2,093£3,035£4,046£5,059£7,011£9,106£12,139£15,173£18,207
Sole Junior Counsel
Actual Duration of Trial
Offence falling withinTrial Fee 1Trial Fee 2Trial Fee 3Trial Fee 4Trial Fee 5Trial Fee 6Trial Fee 7Trial Fee 8Trial Fee 9Trial Fee 10
1 to 8 days9 to 16 days17 to 24 days25 to 32 days33 to 40 days41 to 48 days49 to 56 days57 to 64 days65 to 72 days73 to 80 days
Class A£4,524£6,032£9,048£12,064£15,080£21,112£27,144£36,192£45,240£54,288
Class B£2,177£3,129£4,558£6,076£7,596£10,634£13,674£18,227£22,784£27,341
Class C£1,905£2,720£3,945£5,261£6,574£9,205£11,835£15,777£19,722£23,667
Class D£3,016£4,524£6,032£9,048£11,310£15,834£20,358£27,144£33,930£40,716
Class E£1,905£2,720£3,945£5,261£6,574£9,205£11,835£15,777£19,722£23,667
Class F£1,905£2,720£3,945£5,261£6,574£9,205£11,835£15,777£19,722£23,667
Class G£2,720£4,081£5,440£7,253£9,068£12,694£16,324£21,759£27,200£32,641
Class H£1,905£2,720£3,945£5,261£6,574£9,205£11,835£15,777£19,722£23,667
Class I£1,905£2,720£3,945£5,261£6,574£9,205£11,835£15,777£19,722£23,667
(b)Refresher Fees
SOLICITOR
Actual Duration of Trial
Offences falling within Classes A to IRefresher Fee 1Refresher Fee 2Refresher Fee 3
2-8 Days9-16 Days17-80 Days
Full Day£435£522£609
Half Day£218£261£305
COUNSEL

King’s Counsel

Actual Duration of Trial
Offence falling within Classes A to IRefresher Fee 1Refresher Fee 2Refresher Fee 3Refresher Fee 4Refresher Fee 5Refresher Fee 6Refresher Fee 7Refresher Fee 8Refresher Fee 9Refresher Fee 10
2 to 8 days9 to 16 days17 to 24 days25 to 32 days33 to 40 days41 to 48 days49 to 56 days57 to 64 days65 to 72 days73 to 80 days
Full Day£464£557£650£742£835£928£928£928£928£928
Half Day£232£278£325£371£418£464£464£464£464£464
Leading Junior Counsel
Actual Duration of Trial
Offence falling within Classes A to IRefresher Fee 1Refresher Fee 2Refresher Fee 3Refresher Fee 4Refresher Fee 5Refresher Fee 6Refresher Fee 7Refresher Fee 8Refresher Fee 9Refresher Fee 10
2 to 8 days9 to 16 days17 to 24 days25 to 32 days33 to 40 days41 to 48 days49 to 56 days57 to 64 days65 to 72 days73 to 80 days
Full Day£348£418£487£557£626£696£696£696£696£696
Half Day£174£209£244£278£313£348£348£348£348£348
Led Junior Counsel
Actual Duration of Trial
Offence falling within Classes A to IRefresher Fee 1Refresher Fee 2Refresher Fee 3Refresher Fee 4Refresher Fee 5Refresher Fee 6Refresher Fee 7Refresher Fee 8Refresher Fee 9Refresher Fee 10
2 to 8 days9 to 16 days17 to 24 days25 to 32 days33 to 40 days41 to 48 days49 to 56 days57 to 64 days65 to 72 days73 to 80 days
Full Day£232£278£325£371£418£464£464£464£464£464
Half Day£116£139£162£186£209£232£232£232£232£232
Sole Junior Counsel
Actual Duration of Trial
Offence falling within Classes A to IRefresher Fee 1Refresher Fee 2Refresher Fee 3Refresher Fee 4Refresher Fee 5Refresher Fee 6Refresher Fee 7Refresher Fee 8Refresher Fee 9Refresher Fee 10
2 to 8 days9 to 16 days17 to 24 days25 to 32 days33 to 40 days41 to 48 days49 to 56 days57 to 64 days65 to 72 days73 to 80 days
Full Day£302£362£422£483£543£603£603£603£603£603
Half Day£151£181£211£241£271£302£302£302£302£302]

[F867.—(1) This paragraph applies where a fee is payable to a solicitor under this Part.N.I.

(2) Where the PPE Range exceeds the upper limit specified in the Table of Basic Trial Fees payable to a solicitor, as appropriate to the Class of Offence involved, an additional fee shall be payable to the solicitor of £1 per each additional page.]

Textual Amendments

[F877A.—(1) This paragraph applies where a fee is payable to a solicitor under this Part.N.I.

(2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the solicitor of [F88£1.16] per each additional page.]

Textual Amendments

PART 3N.I.standard fees for guilty pleas

8.—F89(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

[F90(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.]

F89(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F90(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.]

(3) In a case where F91[F92... a Trial Preparation Fee] is payable, the amount so payable for a representative representing one assisted person tried on one indictment in F93... Court shall be calculated according to the following formula –

[F94(3A) In this paragraph, “Court” means—

(a)the Crown Court; or

(b)the magistrates’ court, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

as the case may be.]

(4) In the formula in sub-paragraph (3) –

  • S2 is the amount of the standard fee;

  • G2 is [F95the F96... Trial Preparation Fee] specified in paragraph 9 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) and the offence for which the assisted person was charged [F97, including the PPE Range F98...];

  • AF is the amount of any Additional Fees payable under Part 4 of this Schedule; and

  • T is the amount of any travelling allowance payable under paragraph 29 or 30, as applicable.

Textual Amendments

Commencement Information

I25Sch. 1 para. 8 in operation at 4.4.2005, see rule 1

[F999.  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.]N.I.

Textual Amendments

[F100TABLES OF GUILTY PLEA FEES AND TRIAL PREPARATION FEESN.I.

Textual Amendments

(a) Guilty Plea Fee
SOLICITOR
Offence falling withinFee
Class A£6,646
Class B£1,595
Class C£1,059
Class D£3,292
Class E£1.059
Class F£1,132
Class G£1.853
Class H£1.059
Class I£1,059
COUNSEL
Offence falling withinKing’s Counsel FeeLeading Junior Counsel FeeLed Junior Counsel FeeSole Junior Counsel Fee
Class A£3,318£2,488£1,659£2,156
Class B£1,670£1,253£835£1,086
Class C£1,431£1,074£716£930
Class D£2,292£1,719£1,146£1,491
Class E£1,431£1,074£716£930
Class F£1,431£1,074£716£930
Class G£1,813£1,361£907£1,180
Class H£1,431£1,074£716£930
Class I£1,431£1,074£716£930
(b)Trial Preparation Fees
SOLICITOR
Offence falling withinPPE rangeFee
Class A1 – 750£7,390
Class A751 – 1,500£12,845
Class A1,501 – 3,000£28,901
Class B1 – 750£1,861
Class B751 – 1,500£3,234
Class B1,501 – 3,000£7,279
Class C1 – 750£1,221
Class C751 – 1,500£2,124
Class C1,501 – 3,000£4,778
Class D1 – 750£3,704
Class D751 – 1,500£6,437
Class D1,501 – 3,000£14,484
Class E1 – 750£1,221
Class E751 – 1,500£2,124
Class E1,501 – 3,000£4,778
Class F1 – 750£1,320
Class F751 – 1,500£2,294
Class F1,501 – 3,000£5,164
Class G1 – 750£2,161
Class G751 – 1,500£3,755
Class G1,501 – 3,000£8,448
Class H1 – 750£1,221
Class H751 – 1,500£2,124
Class H1,501 – 3,000£4,778
Class I1 – 750£1,221
Class I751 – 1,500£2,124
Class I1,501 – 3,000£4,778
COUNSEL
Offence falling withinPPE rangeKing’s Counsel FeeLeading Junior Counsel FeeLed Junior Counsel FeeSole Junior Counsel Fee
Class A1 – 750£5,220£3,915£2,610£3,393
Class A751 – 1,500£9,744£7,308£4,872£6,334
Class A1,501 – 3,000£21,924£16,443£10,962£14,251
Class B1 – 750£2,352£1,763£1,176£1,529
Class B751 – 1,500£4,795£3,596£2,398£3,116
Class B1,501 – 3,000£11,373£8,528£5,686£7,392
Class C1 – 750£2,066£1,549£1,034£1,343
Class C751 – 1,500£4,203£3,153£2,102£2,733
Class C1,501 – 3,000£9,390£7,042£4,695£6,104
Class D1 – 750£3,480£2,610£1,740£2,262
Class D751 – 1,500£7,351£5,512£3,675£4,778
Class D1,501 – 3,000£15,572£11,679£7,786£10,122
Class E1 – 750£2,066£1,549£1,034£1,343
Class E751 – 1,500£4,203£3,153£2,102£2,733
Class E1,501 – 3,000£9,959£7,468£4,980£6,474
Class F1 – 750£2,066£1,549£1,034£1,343
Class F751 – 1,500£4,203£3,153£2,102£2,733
Class F1,501 – 3,000£9,959£7,468£4,980£6,474
Class G1 – 750£3,016£2,263£1,508£1,960
Class G751 – 1,500£6,070£4,552£3,035£3,945
Class G1,501 – 3,000£14,291£10,720£7,146£9,289
Class H1 – 750£2,066£1,549£1,034£1,343
Class H751 – 1,500£4,203£3,153£2,102£2,733
Class H1,501 – 3,000£9,959£7,468£4,980£6,474
Class I1 – 750£2,066£1,549£1,034£1,343
Class I751 – 1,500£4,203£3,153£2,102£2,733
Class I1,501 – 3,000£9,959£7,468£4,980£6,474]

[F1019A.—(1) This paragraph applies where a Trial Preparation Fee is payable to a representative under this Part.N.I.

(2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the representative of [F102£1.16] per each additional page.]

Textual Amendments

PART 4N.I. [F103ADDITIONAL FEES]

Textual Amendments

F10410.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10510A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

11.  The fixed fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) shall be payable where the assisted person pleaded not guilty to one or more counts at arraignment and the case was adjourned for trial.N.I.

Textual Amendments

Commencement Information

I26Sch. 1 para. 11 in operation at 4.4.2005, see rule 1

12.—(1) Subject to sub-paragraphs (2) and (3), the fixed fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) shall be payable in respect of each occasion on which the case was listed for trial but did not proceed on the day for which it was listed (other than by reason of an application for an adjournment by the prosecution or the defence).N.I.

(2) Subject to paragraph 22, where the representative was advised prior to the day on which the case had been listed for trial that it was no longer on standby and that it was listed only for mention on that day, the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) and the duration of the hearing on that day shall be payable.

(3) No standby fee shall be payable under sub-paragraph (1) where the assisted person pleaded guilty to one or more counts when the case was subsequently listed and it did not proceed to trial.

Textual Amendments

Commencement Information

I27Sch. 1 para. 12 in operation at 4.4.2005, see rule 1

13.—(1) This paragraph applies to –N.I.

(a)the hearing of a No Bill application;

(b)the hearing of an application to stay the indictment on the ground that the assisted person is unfit to plead;

(c)the hearing of an application to stay the indictment or any count on the ground that the proceedings constitute an abuse of the process of the court;

(d)any hearing relating to the question of whether any material should be disclosed by the prosecution to the defence or the defence to the prosecution (whether or not any claim to public interest immunity is made);

(e)the hearing of an application under section 51A of the Judicature (Northern Ireland) Act 1978(6) for disclosure of material held by third parties; F106...

[F107(ee)the hearing of an application under Article 118A of the Magistrates’ Courts (Northern Ireland) Order 1981 for disclosure of material held by third parties; and]

(f)any hearing relating to the question of the admissibility as evidence of any material.

(2) Where a hearing to which this paragraph applies was held on any day of the main hearing of a case on indictment, no separate fee shall be payable in respect of attendance at the hearing (other than a hearing under sub-paragraph (1)(f)), but the hearing shall be included in the length of the main hearing for the purpose of calculating costs.

(3) Where a hearing to which this paragraph applies was held prior to the first or only day of the main hearing, it shall not be included in the length of the main hearing for the purpose of calculating costs, and, subject to sub-paragraph (5) and also to paragraph 22, the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) and the duration of the hearing on that day shall be payable.

(4) In determining the duration of an application for the purpose of sub-paragraph (3), there shall be excluded the period of time during any luncheon adjournment.

(5) Where an application made under sub-paragraph (1)(a), (b) or (c) was successful and the case did not proceed, a Basic Trial Fee, together with Refresher Fees if applicable, shall be payable in accordance with paragraphs 6 and 7.

Textual Amendments

Commencement Information

I28Sch. 1 para. 13 in operation at 4.4.2005, see rule 1

14.—(1) This paragraph applies to a hearing to which the court proceeded under Article 8 of the Proceeds of Crime (Northern Ireland) Order 1996(7) or section 156 of the Proceeds of Crime Act 2002(8).N.I.

[F108(2) A hearing to which this paragraph applies shall not be included in the length of the main hearing or of any sentencing hearing for the purpose of calculating costs, and the fee specified in the Table below as appropriate to the representative (including the category of counsel instructed, as applicable) shall be payable for each day of the hearing.

[F109TABLE OF CONFISCATION HEARING FEES

Solicitor FeeKing’s Counsel FeeLeading Junior Counsel FeeLed Junior Counsel FeeSole Junior Counsel Fee
Full Day£609£928£696£464£603
Half Day£305£464£348£232£302]]

Textual Amendments

Commencement Information

I29Sch. 1 para. 14 in operation at 4.4.2005, see rule 1

15.—(1) This paragraph applies to –N.I.

(a)a sentencing hearing following a case on indictment to which this Schedule applies, where sentence was deferred under Article 3 of the Criminal Justice (Northern Ireland) Order 1996(9); and

(b)a sentencing hearing following a case on indictment to which this Schedule applies, other than a hearing within paragraph (a) or a sentencing hearing forming part of the main hearing.

(2) The fixed fee payable to a representative for attending at a hearing to which this paragraph applies shall be that set out in the Table following paragraph 19 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) and the circumstances of the hearing.

Textual Amendments

Commencement Information

I30Sch. 1 para. 15 in operation at 4.4.2005, see rule 1

[F11015A.—(1) This paragraph applies where, prior to the sentencing hearing, the trial judge directs counsel to lodge a skeleton argument on the relevant sentencing authorities.N.I.

(2) The fixed fee set out in the Table following paragraph 19 as appropriate to the category of counsel instructed shall be payable to the counsel who drafted the skeleton argument.]

Textual Amendments

[F11115B—(1) This paragraph applies where, following the conviction of the assisted person, there is a change of representative and the court grants a fresh criminal aid certificate for the purposes of the sentencing hearing.N.I.

(2) Subject to sub-paragraph (3), the fixed fee payable to the new representative for preparation work for attending at the sentencing hearing to which this paragraph applies shall be that set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) and the PPE Range.

(3) Where the PPE Range exceeds 1,000 pages an additional fee shall be payable to the new representative of [F112£1.16] per each additional page, up to a maximum of fifty per cent of the Basic Trial Fee as appropriate to the representative (including the category of counsel instructed, as applicable), the Class of Offence involved and the actual duration of the trial.]

Textual Amendments

[F11315C.—(1) This paragraph applies to—N.I.

(a)the hearing of an application for a sexual offences prevention order under section 104 of the Sexual Offences Act 2003;

(b)the hearing of an application for a disqualification order under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(c)the hearing of an application for an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008; F114...

(d)the hearing of an application for an extended custodial sentence under Article 14 of the Criminal Justice (Northern Ireland) Order 2008 [F115;]

[F116(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; 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.]

(2) A hearing to which this paragraph applies shall not be included in the length of the main hearing or of any sentencing hearing for the purpose of calculating costs, and the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) and the duration of the hearing on that day shall be payable.

(3) In determining the duration of an application for the purpose of sub-paragraph (2), there shall be excluded the period of time during any luncheon adjournment.]

Textual Amendments

16.—(1) Subject to paragraph 22, the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) and the duration of the hearing on that day shall be payable to a representative for attending at the following hearings in a case on indictment, when not forming part of the main hearing or a hearing for which a fee is provided elsewhere in this Schedule –N.I.

(a)the hearing of a case listed for plea which is adjourned for trial;

(b)any hearing (including a trial) which is listed but cannot proceed because of the failure of the assisted person or a witness to attend, an application for postponement by the prosecution or defence, the unavailability of a pre-sentence report or other good reason;

(c)bail and other applications; and

(d)the hearing of the case listed for mention only, including applications relating to the date of the trial.

(2) In determining the duration of an application for the purpose of sub-paragraph (1), there shall be excluded the period of time during any luncheon adjournment.

Textual Amendments

Commencement Information

I31Sch. 1 para. 16 in operation at 4.4.2005, see rule 1

[F11716A.—(1) This paragraph applies where the assisted person applies to a magistrates’ court for bail under section 91 of the Justice Act (Northern Ireland) 2011.N.I.

(2) The fixed fee of [F118£209] shall be payable to a solicitor in respect of the hearing of the bail application, and paragraph 16(1)(c) shall not apply in respect of that hearing.]

Textual Amendments

[F11916B.—(1) This paragraph applies to a Referral Hearing which means a hearing at which the court considers the exercise of its powers under section 9 of the Justice Act (Northern Ireland) 2016.N.I.

(2) The time-based fee specified in the Table below as appropriate to the representative (including the category of counsel instructed, as applicable) and to the duration of the hearing shall be payable.

TABLE OF REFERRAL HEARING FEES

Solicitor FeeQueen’s Counsel FeeLeading Junior Counsel FeeLed Junior Counsel FeeSole Junior Counsel Fee
Hearing not exceeding 1.5 hours£113£100£94£63£82
Hearing exceeding 1.5 hours but not exceeding 3 hours£188£200£150£100£130
Hearing exceeding 3 hours£375£400£300£200£260]

Textual Amendments

17.  The fixed fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) shall be payable to a representative in respect of any day forming part of the main hearing of the case when the court sat more than 45 minutes beyond 4.30 pm.N.I.

Textual Amendments

Commencement Information

I32Sch. 1 para. 17 in operation at 4.4.2005, see rule 1

18.—(1) The hourly fee set out in the Table following paragraph 19 as appropriate to the category of [F5counsel] instructed shall be payable in respect of work of the following types, provided that the [F5counsel] satisfies [F120the Department] that the work was reasonably undertaken and properly done, namely –N.I.

(a)attendance by an [F5counsel] at pre-trial consultations with the assisted person not held at court; or

(b)attendance by an [F5counsel] at consultations with prospective or actual expert witnesses; or

(c)attendance by an [F5counsel] at views,

and where that fee is allowed the [F5counsel] shall also be paid a travelling allowance for such attendance in accordance with paragraph 30.

(2) An [F5counsel] shall be entitled to a fee in accordance with the Table following paragraph 19 as appropriate to the category of [F5counsel] instructed for the number of periods or parts of a period of 10 minutes of running time of any disc, tape or video cassette or part thereof which he listened to or viewed as part of the evidence in the case.

Textual Amendments

Commencement Information

I33Sch. 1 para. 18 in operation at 4.4.2005, see rule 1

[F12118A.—(1) This paragraph applies where the assisted person was a child who was the subject of a court-ordered youth conference.N.I.

(2) Subject to sub-paragraphs (3) and (4), the standard fee for a representative representing that assisted person shall be the amount set out in the Table following paragraph 19 as appropriate to the representative and the duration of the youth conference.

(3) [F122The Department] shall allow the standard fee claimed by the representative unless—

(a)where the principal standard fee has been claimed, the conference lasted no more than one hour in which case the lower standard fee shall be allowed, or

(b)where a fee in excess of the principal standard fee has been claimed, in which case (if the conference lasted in excess of two hours) an additional fee shall be allowed of [F123£52] per hour to a solicitor and [F124£34] per hour to counsel.

(4) Fees shall be paid in respect of the period of time beginning 15 minutes before the case was listed on the first occasion and ending—

(a)where the client was present at the youth conference, 15 minutes after the conference finally ended, or

(b)where the client failed to attend, when the meeting ended on that day,

and, save in exceptional circumstances, shall not be payable during any luncheon adjournment.

Textual Amendments

18B.—(1) This paragraph applies where counsel, having provided an opinion in the matter under Article 29(4)(b) of the Order, drafted a skeleton argument in support of an application for leave to appeal to the Court of Appeal.N.I.

(2) The fixed fee set out in the Table following paragraph 19 as appropriate to the category of counsel instructed shall be payable to the counsel who drafted the skeleton argument.]

Textual Amendments

19.—(1) The costs payable to a representative instructed in any case mentioned in paragraph 2 shall be the fixed fee set out in the Table following this paragraph as appropriate to the representative (including the category of [F5counsel] instructed, as applicable), together with any travelling allowance payable under paragraph 29(1) or 30(1) as applicable.N.I.

[F125(2) Where a solicitor attended court without counsel and claimed an enhancement of his costs under rule 4A, the solicitor shall be allowed one travelling allowance only in respect of that attendance.]

Textual Amendments

Commencement Information

I34Sch. 1 para. 19 in operation at 4.4.2005, see rule 1

[F126TABLES OF ADDITIONAL FEESN.I.

Textual Amendments

SOLICITOR

Type of workParagraph providing for feeFee
Arraignment – Not Guilty11£104
Standby Fee12(1)£435
Appearing at deferred sentencing hearing15(1)(a)£218
Appearing at other sentencing hearing15(1)(b)£116
Late sitting fee17£218
Cases within paragraph 219£653

Application Fee 1

(hearing not exceeding 1.5 hours)

12(2), 13,16£131
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours)12(2), 13,16£218
Application Fee 3 (hearing exceeding 3 hours)12(2), 13,16£435
Sentence Hearing Preparation Fee PPE Range Up to 500 pages15B£580
Sentence Hearing Preparation Fee PPE Range 501 – 750 pages15B£870
Sentence Hearing Preparation Fee PPE Range 751 – 1,000 pages15B£1,160
Public Protection Application Fee 1 (hearing not exceeding 1.5 hours)15C£131
Public Protection Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours)15C£218
Public Protection Application Fee 3 (hearing exceeding 3 hours)15C£435
Court-ordered youth conference – Lower standard fee (conferences lasting up to and including 1 hour)18A£81
Court-ordered youth conference - Principal standard fee (conferences lasting more than 1 hour but not exceeding 2 hours)18A£130.50

COUNSEL

Type of workParagraph providing for the feeKing’s Counsel FeeLeading Junior Counsel FeeLed Junior Counsel FeeSole Junior Counsel Fee
Arraignment – Not Guilty11£139£131£87£114
Standby Fee12(1)£464£348£232£302
Appearing at deferred sentencing hearing15(1)(a)£371£278£186£241
Appearing at other sentencing hearing15(1)(b)£278£209£139£181
Skeleton argument15A, 18B£290£218£145£189
Late sitting fee17£232£174£116£151
Cases within paragraph 219£696£522£348£452
Application Fee 1 (hearing not exceeding 1.5 hours)12(2), 13,16£116£109£73£95
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours)12(2), 13,16£232£174£116£151
Application Fee 3 (hearing exceeding 3 hours)12(2), 13,16£464£348£232£302
Sentence Hearing Preparation Fee (PPE Range Up to 500 pages)15B£580£435£290£383

Sentence Hearing Preparation Fee (PPE Range

501 – 750 pages)

15B£870£653£435£574

Sentence Hearing Preparation Fee (PPE Range

751 – 1,000 pages)

15B£1,160£870£580£766
Public Protection Application Fee 1(hearing not exceeding 1.5 hours)15C£116£109£73£95
Public Protection Application Fee 2(hearing exceeding 1.5 hours but not exceeding 3 hours)15C£232£174£116£151
Public Protection Application Fee 3(hearing exceeding 3 hours)15C£464£348£232£302
Consultations/views18(1)£73 per hour£55 per hour£36 per hour£48 per hour
Listening to or viewing tapes etc.18(2)£27 per 10 mins£20 per 10 mins£14 per 10 mins£18 per 10 mins
Court-ordered youth conference – Lower standard fee (conferences lasting up to and including 1 hour)18AN/AN/AN/A£81
Court-ordered youth conference - Principal standard fee (conferences lasting more than 1 hour but not exceeding 2 hours)18AN/AN/AN/A£130.50]

PART 5N.I.miscellaneous

20.—(1) Where an assisted person was charged with more than one offence on one indictment, the standard fee payable to the representative shall be based on whichever of those offences he shall select for the purposes.N.I.

(2) Where two or more cases to which this Schedule applies involving the same representative were heard concurrently (whether involving the same or different assisted persons) –

(a)the representative shall select one case (“the principal case”), which shall be treated for the purposes of costs in accordance with the previous paragraphs of this Schedule;

(b)in respect of the main hearing in each of the other cases the representative shall be paid a fixed fee of twenty per cent of –

(i)the Basic Trial Fee, [F127Guilty Plea Fee] or [F128Trial Preparation Fee], as applicable, for the principal case, where that is a case falling within paragraph 1, or

(ii)the fixed fee for the principal case, where that is a case falling within paragraph 2.

(3) Where a representative attended a hearing specified in paragraph 13, 14, 15 or 16(1)(a) or (b), forming part of two or more cases involving different assisted persons, he shall be paid –

(a)in respect of the first such case, the fee for that hearing specified in the Table following paragraph 19; and

(b)in respect of each of the other cases, twenty per cent of that fee.

(4) Subject to sub-paragraphs (1) to (3), where a representative attended a hearing forming part of two or more cases, he shall be paid the fixed fee for that hearing specified in the Table following paragraph 19 in respect of one such case, without any increase in respect of the other cases.

Textual Amendments

Commencement Information

I35Sch. 1 para. 20 in operation at 4.4.2005, see rule 1

[F12921.—(1) Subject to sub-paragraphs (2), (4) and (5), the fee payable to a solicitor in accordance with paragraph 6 or 8 of this Schedule, as applicable, shall be in addition to any enhancement of his costs under rule 4A.N.I.

(2) Where the same solicitor prepared the case and conducted the trial or hearing without counsel, the enhancement of his costs shall be reduced by ten per cent.

(3) If the solicitor satisfies [F130the Department] that there was a clearly maintained division of responsibility in the conduct of the case, no reduction in the enhancement of his costs shall be made under sub-paragraph (2).

(4) Where a solicitor attended court without counsel and claimed an enhancement of his costs under rule 4A—

(a)on a day in respect of which a Refresher Fee would otherwise be payable under paragraph 6, or

(b)for a hearing in respect of which a fee would otherwise by payable under Part 4,

the solicitor shall be allowed one fee only in respect of that day or hearing, as applicable.

(5) Where a solicitor attended court, a prison visit, other consultation or view without counsel, the solicitor shall be allowed one travelling allowance only under paragraphs 29 and 30 in respect of each such attendance.]

Textual Amendments

22.—(1) This paragraph applies to any hearing in respect of which an Application Fee is payable under paragraph 12(2), 13, 14 or 16.N.I.

(2) Subject to sub-paragraph (3), the fee payable for the hearing shall be determined by [F131the Department] in accordance with the actual court hearing time taken in dealing with the application.

(3) Where [F131the Department] is satisfied that the total waiting time in dealing with the applications in a case exceeded two hours, in determining the fee payable for one or more of the applications [F131the Department] may, in its discretion, allow such Application Fee as set out in the Table following paragraph 19 as it considers to be reasonable.

(4) Where more than one application to which this paragraph applies was heard and disposed of on the same day, the fee payable to the representative shall be –

(a)in respect of the first application, the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of [F5counsel] instructed, as applicable) and the combined duration of the hearings on that day; and

(b)in respect of each of the other applications, twenty per cent of that fee.

(5) Where an Application Fee is payable under paragraph 13 or 14 and the hearing in question lasted more than one day, a further fee shall be payable to the representative under that paragraph in respect of any additional day or part of a day.

Textual Amendments

Commencement Information

I36Sch. 1 para. 22 in operation at 4.4.2005, see rule 1

23.—(1) Subject to sub-paragraph (5), this paragraph applies if a trial was ended by direction of the judge, or it ended with the jury being unable to agree a verdict, and an order was made for a new trial.N.I.

(2) Where the new trial began either on the same day or within fifteen working days, the case shall be considered as having comprised one trial for the purposes of determining the fees payable under these Rules.

(3) Where the period of time between the first trial ending and the new trial beginning exceeded fifteen working days, a second fee shall be payable in accordance with sub-paragraph (4).

(4) The second fee payable to a representative under sub-paragraph (3) shall be calculated in accordance with paragraph 6 (or paragraph 8, if applicable) except that each of the elements of the formula set out in paragraph 6 (or paragraph 8, if applicable) shall be reduced by –

(a)forty per cent, where the new trial started within two calendar months of the conclusion of the first trial; and

(b)twenty-five per cent, where the new trial did not start within two calendar months of the conclusion of the first trial,

except for the refresher and travelling allowance elements which shall not be so reduced.

(5) This paragraph shall not apply where a different representative acted for the assisted person at each trial.

Commencement Information

I37Sch. 1 para. 23 in operation at 4.4.2005, see rule 1

24.  Where following a case on indictment a Newton hearing took place –N.I.

(a)the case shall for all the purposes of this Schedule be treated as having gone to trial;

(b)the duration of the trial shall be taken to be the combined duration of the main hearing and of the Newton hearing;

(c)the provisions of this Schedule relating to guilty pleas shall not apply; and

(d)no fee shall be payable under paragraph 15 in respect of that hearing.

Commencement Information

I38Sch. 1 para. 24 in operation at 4.4.2005, see rule 1

25.  Where a fee is payable under Part 4 in respect of the holding of a voir dire, any day on which the voir dire was held shall count towards calculating the duration of the trial for the purposes of paragraphs 6 and 7.N.I.

Commencement Information

I39Sch. 1 para. 25 in operation at 4.4.2005, see rule 1

26.  Any case in which –N.I.

(a)the prosecution offered no evidence (or no further evidence) and which was discontinued; or

(b)the prosecution entered a nolle prosequi,

shall be treated as a substantive trial and a Basic Trial Fee, together with Refresher Fees if applicable, shall be payable in accordance with paragraphs 6 and 7.

Commencement Information

I40Sch. 1 para. 26 in operation at 4.4.2005, see rule 1

[F13227.  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 –N.I.

(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.]

Textual Amendments

28.—(1) Where an [F5counsel] instructed in a case passed the brief to another [F5counsel] before arraignment, no costs shall be payable to the original [F5counsel] under these Rules.N.I.

(2) Subject to sub-paragraph (3), where an [F5counsel] instructed in a case passed the brief to another [F5counsel] after arraignment, no costs shall be payable to the original [F5counsel] under Parts 2 or 3 of this Schedule.

(3) Where an [F5counsel] was dismissed by the assisted person, or [F133the Department] is satisfied that he was obliged to withdraw from the case for compelling professional reasons, [F133the Department] may, in its discretion, allow the following fees to the [F5counsel] –

(a)if the [F5counsel] was dismissed or withdrew within one week of the date of the first arraignment, fifty per cent of the [F134Guilty Plea Fee] as appropriate to the category of [F5counsel] instructed and the offence with which the assisted person was charged;

(b)if the [F5counsel] was dismissed or withdrew after the first arraignment and before the trial (if any) commenced, fifty per cent of the [F135Trial Preparation Fee] as appropriate to the category of [F5counsel] instructed and the offence with which the assisted person was charged;

(c)if the [F5counsel] was dismissed or withdrew after the trial (if any) commenced, the Basic Trial Fee as appropriate to the category of [F5counsel] instructed and the offence with which the assisted person was charged;

(d)in any other circumstances, such amount as it considers to be reasonable in all the circumstances.

Textual Amendments

Commencement Information

I41Sch. 1 para. 28 in operation at 4.4.2005, see rule 1

29.—(1) Where a solicitor attended court, [F136the Department] shall allow travelling time at a rate in accordance with sub-paragraphs (2) and (3), and it may allow an amount to cover any travelling expenses actually and reasonably incurred and necessarily and exclusively attributable to the solicitor’s attendance at that court.N.I.

(2) A solicitor shall be allowed travelling time at the rate of [F137£60] per hour.

(3) An apprentice or fee-earner of equivalent experience shall be allowed travelling time at the rate of [F138£40] per hour.

(4) Subject to [F136the Department] being satisfied that the work involved was reasonably undertaken and properly done, a travelling allowance shall also be payable under sub-paragraph (1) in respect of attendance at prison visits, other consultations and views.

[F139(5) Mileage, where payable, may be claimed at the rate of 45p per mile.]

Textual Amendments

Commencement Information

I42Sch. 1 para. 29 in operation at 4.4.2005, see rule 1

30.—(1) Where an [F5counsel] was instructed to appear in a court which is more than 20 miles from the Head Post Office, Belfast, [F140the Department] shall allow travelling time at the rate of [F141£60] per hour and it may allow an amount to cover any travelling expenses actually and reasonably incurred and necessarily and exclusively attributable to the advocate’s attendance at that court.N.I.

(2) Subject to [F140the Department] being satisfied that the work involved was reasonably undertaken and properly done, a travelling allowance shall also be payable under sub-paragraph (1) in respect of attendance at prison visits, other consultations and views.

[F142(3) Mileage, where payable, may be claimed at the rate of 45p per mile.]

Textual Amendments

Commencement Information

I43Sch. 1 para. 30 in operation at 4.4.2005, see rule 1

Rule 17

F143SCHEDULE 2N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F144SCHEDULE 3N.I.TABLE OF OFFENCES

Textual Amendments

OffenceContrary toYear and chapter
Class A – Homicide and related grave offences
MurderCommon law
ManslaughterCommon law
Soliciting to murderOffences against the Person Act 1861 s. 41861 c. 100
Child destructionCriminal Justice Act (Northern Ireland) 1945 s. 25(1)1945 c. 15
InfanticideInfanticide Act (Northern Ireland) 1939 s. 1(1)1939 c. 5
Causing explosion likely to endanger life or propertyExplosive Substances Act 1883 s. 21883 c. 3
Attempt to cause explosion, making or keeping explosive etc.Explosive Substances Act 1883 s. 3as above
Class B – Offences involving serious violence or damage, and serious drugs offences
KidnappingCommon law
False imprisonmentCommon law
Aggravated criminal damageCriminal Damage (Northern Ireland) Order 1977 Art. 3(2)1977 N.I. 4
Aggravated arsonCriminal Damage (Northern Ireland) Order 1977 Art. 3(2) and (3)as above
Arson (where value exceeds £30,000)Criminal Damage (Northern Ireland) Order 1977 Art. 3(3)as above
Possession of firearm with intent to endanger lifeFirearms (Northern Ireland) Order 2004 Art. 580702 N.I. 3
Use of firearm to resist arrestFirearms (Northern Ireland) Order 2004 Art. 59(1)as above
Possession of firearm with criminal intentFirearms (Northern Ireland) Order 2004 Art. 60(1)as above
Possession or acquisition of certain prohibited weapons etc.Firearms (Northern Ireland) Order 2004 Art. 45(1) and (2)as above
Aggravated burglaryTheft Act (Northern Ireland) 1969 s. 101969 c. 16
Armed robberyTheft Act (Northern Ireland) 1969 s. 8(1)as above
Assault with weapon with intent to robTheft Act (Northern Ireland) 1969 s. 8(2)as above
BlackmailTheft Act (Northern Ireland) 1969 s. 20as above
RiotCommon law
Contamination of goods with intentPublic Order Act 1986 s. 381986 c. 64
Causing death by dangerous drivingRoad Traffic (Northern Ireland) Order 1995 Art. 9 N.I. 18
Causing death by careless driving while under the influence of drink or drugsRoad Traffic (Northern Ireland) Order 1995 Art. 14as above
Aggravated vehicle taking resulting in deathRoad Traffic (Northern Ireland) Order 1981 Art. 172B N.I. 1
Causing danger to road usersRoad Traffic (Northern Ireland) Order 1995 Art. 53 N.I. 18
Attempting to choke, suffocate, strangle etc.Offences against the Person Act 1861 s. 211861 c. 100
Causing miscarriage by poison, instrumentOffences against the Person Act 1861 s. 58as above
Making threats to killOffences against the Person Act 1861 s. 16as above
Wounding or grievous bodily harm with intent to cause grievous bodily harm etc.Offences against the Person Act 1861 s. 18as above
Endangering the safety of railway passengersOffences against the Person Act 1861 ss. 32-34as above
Impeding persons endeavouring to escape wrecksOffences against the Person Act 1861 s. 17as above
Administering chloroform, laudanum etc.Offences against the Person Act 1861 s. 22as above
Administering poison etc. so as to endanger lifeOffences against the Person Act 1861 s. 23as above
Cruelty to persons under 16Children and Young Persons Act (Northern Ireland) 1968 s. 201968 c. 34
Aiding and abetting suicideCriminal Justice Act (Northern Ireland) 1966 s. 131966 c. 20
Placing wood etc. on railwayMalicious Damage Act 1861 s. 351861 c. 97
Acquiring, possessing etc. the proceeds of criminal conductProceeds of Crime Act 2002 s. 3292002 c. 29
Producing or supplying a Class A or B drugMisuse of Drugs Act 1971 s. 41971 c. 38
Possession of a Class A or B drug with intent to supplyMisuse of Drugs Act 1971 s. 5(3)as above
Manufacture and supply of scheduled substancesCriminal Justice (International Co-operation) Act 1990 s. 121990 c. 5
Fraudulent evasion of controls on Class A and B drugsCustoms and Excise Management Act 1979 s. 170(2)(b) and (c)1979 c. 2
Illegal importation of Class A and B drugsCustoms and Excise Management Act 1979 s. 50as above
Offences in relation to money laundering investigationsProceeds of Crime Act 2002 ss. 327-3332002 c. 29
Practitioner contravening drug supply regulationsMisuse of Drugs Act 1971 ss. 12 and 131971 c. 38
Cultivation of cannabis plantMisuse of Drugs Act 1971 s. 6as above
Occupier knowingly permitting drugs offences etc.Misuse of Drugs Act 1971 s. 8as above
Activities relating to opiumMisuse of Drugs Act 1971 s. 9as above
Drug trafficking offences at seaCriminal Justice (International Co-operation) Act 1990 s. 181990 c. 5
Firing on Revenue vesselCustoms and Excise Management Act 1979 s. 85(2)1979 c. 2
Making or possession of explosive in suspicious circumstancesExplosive Substances Act 1883 s. 4(1)1883 c. 3
Causing bodily injury by explosivesOffences against the Person Act 1861 s. 281861 c. 100
Using explosive or corrosives with intent to cause grievous bodily harmOffences against the Person Act 1861 s. 29as above
Hostage takingTaking of Hostages Act 1982 s. 11982 c. 28
Money laundering in relation to terrorist activitiesTerrorism Act 2000 s. 182000 c. 11
Offences against international protection of nuclear materialNuclear Material (Offences) Act 1983 s. 21983 c. 18
Placing explosives with intent to cause bodily injuryOffences against the Person Act 1861 s. 301861 c. 100
Membership of proscribed organisationsTerrorism Act 2000 s. 112000 c. 11
Support or meeting of proscribed organisationsTerrorism Act 2000 s. 12as above
Uniform of proscribed organisationsTerrorism Act 2000 s. 13as above
Fund-raising for terrorismTerrorism Act 2000 s. 15as above
Other offences involving money or property to be used for terrorismTerrorism Act 2000 ss. 16-18as above
Disclosure prejudicing, or interference of material relevant to, investigation of terrorismTerrorism Act 2000 s. 39as above
Weapons trainingTerrorism Act 2000 s. 54as above
Directing terrorist organisationTerrorism Act 2000 s. 56as above
Possession of articles for terrorist purposesTerrorism Act 2000 s. 57as above
Unlawful collection of information for terrorist purposesTerrorism Act 2000 s. 58as above
Incitement of terrorism overseasTerrorism Act 2000 s. 60as above
Endangering the safety of an aircraftAviation Security Act 1982 s. 2(1)(b)1982 c. 36
Racially-aggravated arson (not endangering life)Criminal Damage (Northern Ireland) Order 1977 Art. 3(3), as amended by1977 N.I. 4
Criminal Justice (No. 2) (Northern Ireland) Order 2004 N.I. 15
Class C – Lesser offences involving violence or damage, and less serious drugs offences
Robbery (other than armed robbery)Theft Act (Northern Ireland) 1969 s. 81969 c. 16
Unlawful woundingOffences against the Person Act 1861 s. 201861 c. 100
Assault occasioning actual bodily harmOffences against the Person Act 1861 s. 47as above
Concealment of birthOffences against the Person Act 1861 s. 60as above
Abandonment of children under twoOffences against the Person Act 1861 s. 27as above
Arson (other than aggravated arson) where value does not exceed £30,000Criminal Damage (Northern Ireland) Order 1977 Art. 3(3)1977 N.I. 4
Criminal damage (other than aggravated criminal damage)Criminal Damage (Northern Ireland) Order 1977 Art. 3(1)as above
Carrying firearm and ammunition in public placeFirearms (Northern Ireland) Order 2004 Art. 610702 N.I. 3
Trespassing with a firearmFirearms (Northern Ireland) Order 2004 Art. 62as above
Shortening of shotgun or converting imitation firearm into firearmFirearms (Northern Ireland) Order 2004 Art. 67(1) and (3)as above
Possession or acquisition of shotgun without certificateFirearms (Northern Ireland) Order 2004 Art. 3as above
Possession of firearms by person convicted of crimeFirearms (Northern Ireland) Order 2004 Art. 63(6)as above
Prohibition of possession, etc. of firearm by certain personsFirearms (Northern Ireland) Order 2004 Art. 63as above
Manufacture, dealing in firearmsFirearms (Northern Ireland) Order 2004 Art. 45(1) and (2)as above
Failure to comply with conditions of authority regarding prohibited weaponsFirearms (Northern Ireland) Order 2004 Art. 45(6)as above
Permitting an escape (by person failing to perform any legal or official duty)

Common law

Prison Act (Northern Ireland) 1953 s. 31

1953 c. 18
Rescue

Common law

Prison Act (Northern Ireland) 1953 s. 29

as above
Escaping from lawful custody without force

Common law

Prison Act (Northern Ireland) 1953 s. 26

as above
Breach of prison

Common law

Prison Act (Northern Ireland) 1953 s. 28

as above
Assisting prisoners to escapePrison Act (Northern Ireland) 1953 s. 30as above
Fraudulent evasion of agricultural levyCustoms and Excise Management Act 1979 s. 68A1979 c. 2
Offender armed or disguisedCustoms and Excise Management Act 1979 s. 86as above
Making threats to destroy or damage propertyCriminal Damage (Northern Ireland) Order 1977 Art. 41977 N.I. 4
Possessing anything with intent to destroy or damage propertyCriminal Damage (Northern Ireland) Order 1977 Art. 5as above
Child abduction by connected personChild Abduction (Northern Ireland) Order 1985 Art. 3 N.I. 17
Child abduction by other personChild Abduction (Northern Ireland) Order 1985 Art. 4as above
Bomb hoaxCriminal Law (Amendment) (Northern Ireland) Order 1977 Art. 3 N.I. 16
Producing or supplying Class C drugMisuse of Drugs Act 1971 s. 41971 c. 38
Possession of a Class C drug with intent to supplyMisuse of Drugs Act 1971 s. 5(3)as above
Fraudulent evasion of controls on Class C drugsCustoms and Excise Management Act 1979 s. 170(2)(b) and (c)1979 c. 2
Illegal importation of Class C drugsCustoms and Excise Management Act 1979 s. 50as above
Possession of Class A drugMisuse of Drugs Act 1971 s. 5(2)1971 c. 38
Failure to disclose knowledge or suspicion of money launderingProceeds of Crime Act 2002 ss. 330-3322002 c. 29
Tipping-off in relation to money laundering investigationsProceeds of Crime Act 2002 s. 333as above
Assaults on officers saving wrecksOffences against the Person Act 1861 s. 371861 c. 100
Attempting to injure or alarm the SovereignTreason Act 1842 s. 21842 c. 51
Assisting illegal entry or harbouring personsImmigration Act 1971 s. 251971 c. 77
Administering poison with intent to injure etc.Offences against the Person Act 1861 s. 241861 c. 100
Neglecting to provide food for assaulting servants etc.Offences against the Person Act 1861 s. 26as above
Setting spring guns with intent to inflict grievous bodily harmOffences against the Person Act 1861 s. 31as above
Supplying instrument etc. to cause miscarriageOffences against the Person Act 1861 s. 59as above
Failure to disclose information about terrorismTerrorism Act 2000 s. 192000 c. 11
Circumcision of femalesFemale Genital Mutilation Act 2003 s. 12003 c. 38
Breaking or injuring submarine telegraph cablesSubmarine Telegraph Act 1885 s. 31885 c. 49
Failing to keep dogs under proper control resulting in injuryDogs (Northern Ireland) Order 1983 Art. 29(1A) and (1B) N.I. 8
Making gunpowder etc. to commit offencesOffences against the Person Act 1861 s. 641861 c. 100
Stirring up racial hatredPublic Order (Northern Ireland) Order 1987 Arts. 8-13 N.I. 7
Racially-aggravated assaultOffences Against the Person Act 1861 s. 47, as amended by the Criminal Justice (No. 2) (Northern Ireland) Order 2004

1861 c. 100

2004 N.I. 15

Racially-aggravated criminal damageCriminal Damage (Northern Ireland) Order 1977 Arts. 3 and 6(2), as amended by the Criminal Justice (No. 2) (Northern Ireland) Order 2004

1977 N.I. 4

2004 N.I. 15

Class D – Serious sexual offences, offences against children
Trafficking into the UK for sexual exploitationSexual Offences Act 2003 s. 572003 c. 42
Trafficking within the UK for sexual exploitationSexual Offences Act 2003 s. 58as above
Trafficking out of the UK for sexual exploitationSexual Offences Act 2003 s. 59as above
RapeSexual Offences (Northern Ireland) Order 2008 Art. 5 N.I. 2
Assault by penetrationSexual Offences (Northern Ireland) Order 2008 Art. 6as above
Sexual assaultSexual Offences (Northern Ireland) Order 2008 Art. 7as above
Causing a person to engage in sexual activity without consentSexual Offences (Northern Ireland) Order 2008 Art. 8as above
Rape of a child under 13Sexual Offences (Northern Ireland) Order 2008 Art. 12as above
Assault of a child under 13 by penetrationSexual Offences (Northern Ireland) Order 2008 Art. 13as above
Sexual assault of a child under 13Sexual Offences (Northern Ireland) Order 2008 Art. 14as above
Causing or inciting a child under 13 to engage in sexual activitySexual Offences (Northern Ireland) Order 2008 Art. 15as above
Sexual activity with a childSexual Offences (Northern Ireland) Order 2008 Arts. 16 and 20as above
Causing or inciting a child to engage in sexual activitySexual Offences (Northern Ireland) Order 2008 Arts. 17 and 20as above
Engaging in sexual activity in the presence of a childSexual Offences (Northern Ireland) Order 2008 Arts. 18 and 20as above
Causing a child to watch a sexual actSexual Offences (Northern Ireland) Order 2008 Arts. 19 and 20as above
Arranging or facilitating commission of a sexual offence against a childSexual Offences (Northern Ireland) Order 2008 Art. 21as above
Meeting a child following sexual grooming, etcSexual Offences (Northern Ireland) Order 2008 Art. 22as above
Abuse of position of trust: Sexual activity with a childSexual Offences (Northern Ireland) Order 2008 Art. 23as above
Abuse of position of trust: Causing or inciting a child to engage in sexual activitySexual Offences (Northern Ireland) Order 2008 Art. 24as above
Abuse of position of trust: Sexual activity in the presence of a childSexual Offences (Northern Ireland) Order 2008 Art. 25as above
Abuse of position of trust: Causing a child to watch a sexual actSexual Offences (Northern Ireland) Order 2008 Art. 26as above
Sexual activity with a child family memberSexual Offences (Northern Ireland) Order 2008 Art. 32as above
Inciting a child family member to engage in sexual activitySexual Offences (Northern Ireland) Order 2008 Art. 33as above
Paying for sexual services of a childSexual Offences (Northern Ireland) Order 2008 Art. 37as above
Causing or inciting child prostitution or pornographySexual Offences (Northern Ireland) Order 2008 Art. 38as above
Controlling a child prostitute or a child involved in pornographySexual Offences (Northern Ireland) Order 2008 Art. 39as above
Arranging or facilitating child prostitution or pornographySexual Offences (Northern Ireland) Order 2008 Art. 40as above
Sexual activity with a person with a mental disorder impeding choiceSexual Offences (Northern Ireland) Order 2008 Art. 43as above
Causing or inciting a person with a mental disorder impeding choice to engage in sexual activitySexual Offences (Northern Ireland) Order 2008 Art. 44as above
Engaging in sexual activity in the presence of a person with a mental disorder impeding choiceSexual Offences (Northern Ireland) Order 2008 Art. 45as above
Causing a person with a mental disorder impeding choice to watch a sexual actSexual Offences (Northern Ireland) Order 2008 Art. 46as above
Inducement, threat or deception to procure sexual activity with a person with a mental disorderSexual Offences (Northern Ireland) Order 2008 Art. 47as above
Causing a person with a mental disorder to engage in, or agree to engage in, sexual activity by inducement, threat or deceptionSexual Offences (Northern Ireland) Order 2008 Art. 48as above
Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorderSexual Offences (Northern Ireland) Order 2008 Art. 49as above
Causing a person with a mental disorder to watch a sexual act by inducement, threat or deceptionSexual Offences (Northern Ireland) Order 2008 Art. 50as above
Care Workers: Sexual activity with a person with a mental disorderSexual Offences (Northern Ireland) Order 2008 Art. 51as above
Care Workers: Causing or inciting sexual activitySexual Offences (Northern Ireland) Order 2008 Art. 52as above
Care Workers: Sexual activity in the presence of a person with a mental disorderSexual Offences (Northern Ireland) Order 2008 Art. 53as above
Care Workers: Causing a person with a mental disorder to watch a sexual actSexual Offences (Northern Ireland) Order 2008 Art. 54as above
Loitering or soliciting for the purposes of prostitutionSexual Offences (Northern Ireland) Order 2008 Art. 59as above
Kerb-crawlingSexual Offences (Northern Ireland) Order 2008 Art. 60as above
Persistent solicitingSexual Offences (Northern Ireland) Order 2008 Art. 61as above
Causing or inciting prostitution for gainSexual Offences (Northern Ireland) Order 2008 Art. 62as above
Controlling prostitution for gainSexual Offences (Northern Ireland) Order 2008 Art. 63as above
Keeping a brothel used for prostitutionSexual Offences (Northern Ireland) Order 2008 Art. 64as above
Administering a substance with intent to engage in sexual activitySexual Offences (Northern Ireland) Order 2008 Art. 65as above
Committing an offence with intent to commit a sexual offenceSexual Offences (Northern Ireland) Order 2008 Art. 66as above
Trespass with intent to commit a sexual offenceSexual Offences (Northern Ireland) Order 2008 Art. 67as above
Sex with an adult relative: PenetrationSexual Offences (Northern Ireland) Order 2008 Art. 68as above
Sex with an adult relative: Consenting to penetrationSexual Offences (Northern Ireland) Order 2008 Art. 69as above
ExposureSexual Offences (Northern Ireland) Order 2008 Art. 70as above
VoyeurismSexual Offences (Northern Ireland) Order 2008 Art. 71as above
Intercourse with an animalSexual Offences (Northern Ireland) Order 2008 Art. 73as above
Sexual penetration of a corpseSexual Offences (Northern Ireland) Order 2008 Art. 74as above
Sexual activity in a public lavatorySexual Offences (Northern Ireland) Order 2008 Art. 75as above
Class E – Burglary etc.
BurglaryTheft Act (Northern Ireland) 1969 s. 91969 c. 16
Going equipped to stealTheft Act (Northern Ireland) 1969 s. 24as above
Classes F and G – Other offences of dishonesty
The following offences are always in Class F
Destruction of registers of births etc.Forgery Act 1861 s. 361861 c. 98
Making false entries in copies of registers sent to registerForgery Act 1861 s. 37as above
The following offences are always in Class G
Counterfeiting notes and coinsForgery and Counterfeiting Act 1981 s. 141981 c. 45
Passing counterfeit notes and coinsForgery and Counterfeiting Act 1981 s. 15as above
Offences involving custody or control of counterfeit notes and coinsForgery and Counterfeiting Act 1981 s. 16as above
Making, custody or control of counterfeiting materials etc.Forgery and Counterfeiting Act 1981 s. 17as above
Illegal importation - counterfeit notes or coinsCustoms and Excise Management Act 1979 s. 501979 c. 2
Fraudulent evasion - counterfeit notes or coinsCustoms and Excise Management Act 1979 s. 170(2)(b) and (c)as above
Undischarged bankrupt being concerned in a companyCompany Directors Disqualification (Northern Ireland) Order 2002 Art. 15 N.I. 4
The following offences are in Class G if the value involved exceeds £30,000 and in Class F otherwise
TheftTheft Act (Northern Ireland) 1969 s. 11969 c. 16
Removal of articles from places open to the publicTheft Act (Northern Ireland) 1969 s. 11as above
Abstraction of electricityTheft Act (Northern Ireland) 1969 s. 13as above
Obtaining property by deceptionTheft Act (Northern Ireland) 1969 s. 15as above
Obtaining money transfer by deceptionTheft Act (Northern Ireland) 1969 s. 15Aas above
Obtaining pecuniary advantage by deceptionTheft Act (Northern Ireland) 1969 s.16as above
False accountingTheft Act (Northern Ireland) 1969 s. 17as above
Handling stolen goodsTheft Act (Northern Ireland) 1969 s. 21as above
Obtaining services by deceptionTheft (Northern Ireland) Order 1978 Art. 3 N.I. 23
Evasion of liability by deceptionTheft (Northern Ireland) Order 1978 Art. 4as above
Illegal importation - not elsewhere specifiedCustoms and Excise Management Act 1979 s. 501979 c. 2
Counterfeiting Customs documentsCustoms and Excise Management Act 1979 s. 168as above
Fraudulent evasion - not elsewhere specifiedCustoms and Excise Management Act 1979 s. 170(2)(b) and (c)as above
ForgeryForgery and Counterfeiting Act 1981 s. 11981 c. 45
Copying false instrument with intentForgery and Counterfeiting Act 1981 s. 2as above
Using a false instrumentForgery and Counterfeiting Act 1981 s. 3as above
Using a copy of a false instrumentForgery and Counterfeiting Act 1981 s. 4as above
Custody or control of false instruments etc.Forgery and Counterfeiting Act 1981 s. 5as above
Offences in relation to dies or stampsStamp Duties Management Act 1891 s. 131891 c. 38
Counterfeiting of dies or marksHallmarking Act 1973 s. 61973 c. 43
Unauthorised use of trade mark, &c. in relation to goodsTrade Marks Act 1994 s. 92(1)(c)1994 c. 26
VAT offencesValue Added Tax Act 1994 s. 72(1)-(8)1994 c. 23
Fraudulent evasion of dutyCustoms and Excise Management Act 1979 s. 170(1)(b)1979 c. 2
Class H – Miscellaneous lesser offences
Possession of offensive weaponPublic Order (Northern Ireland) Order 1987 Art. 22(1) N.I. 7
AffrayCommon law
Assault with intent to resist arrestCriminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 s. 7(1)(b)1968 c. 28
Unlawful eviction and harassment of occupierRent (Northern Ireland) Order 1978 Art. 54 N.I. 20
Publishing, exhibiting, selling an indecent or obscene thingCommon law
Buggery of males of 17 or over otherwise than in privateCriminal Justice (Northern Ireland) Order 2003 Art. 20 N.I. 13
Open and notorious lewdnessCommon law
Publicly exposing the naked personCommon law
Offences of publication of obscene matterCommon law
Keeping a disorderly houseCommon law
Procurement of intercourse by threats etc.Criminal Law Amendment Act 1885 s. 31885 c. 69
Causing or inciting prostitution for gainSexual Offences Act 2003 s. 522003 c. 42
Detention of woman in brothel or other premisesCriminal Law Amendment Act 1885 s. 81885 c. 69
Procurement of a woman by false pretencesCriminal Law Amendment Act 1885 s. 3(2)as above
Trade descriptions offences (9 offences)Trade Descriptions Act 1968 ss. 1, 8, 9, 12, 13, 14 and 181968 c. 29
Misconduct endangering ship or persons on board shipMerchant Shipping Act 1995 s. 581995 c. 21
Obstructing engine or carriage on railwayMalicious Damage Act 1861 s. 361861 c. 97
Offences relating to the safe custody of controlled drugsMisuse of Drugs Act 1971 s. 111971 c. 38
Possession of Class B or C drugMisuse of Drugs Act 1971 s. 5(2)as above
Wanton or furious drivingOffences against the Person Act 1861 s. 351861 c. 100
Dangerous drivingRoad Traffic (Northern Ireland) Order 1995 Art. 10 N.I. 18
Forgery and misuse of driving documentsRoad Traffic (Northern Ireland) Order 1981 Art. 174(2) N.I. 1
Mishandling or falsifying parking documents etc.Road Traffic Regulation (Northern Ireland) Order 1997 Art. 23 N.I. 2
Aggravated vehicle takingRoad Traffic (Northern Ireland) Order 1981 Art. 172A N.I. 1
Forgery, alternation, fraud of licences etc.Vehicle Excise and Registration Act 1994 ss. 44 and 451994 c. 22
Making off without paymentTheft (Northern Ireland) Order 1978 Art. 5 N.I. 23
Agreeing to indemnify suretiesCommon law
Sending prohibited articles by postPostal Services Act 2000 s. 852000 c. 26
Impersonating Customs officerCustoms and Excise Management Act 1979 s. 131979 c. 2
Obstructing Customs officerCustoms and Excise Management Act 1979 s. 16as above
Breach of anti-social behaviour orderAnti-social Behaviour (Northern Ireland) Order 2004 Art. 7 N.I. 12
Breach of sex offender orderSexual Offences Act 2003 s. 1132003 c. 42
Racially-aggravated harassment/putting another in fear of violenceProtection from Harassment (Northern Ireland) Order 1997 Arts. 3 and 6, as amended by Criminal Justice (No. 2) (Northern Ireland) Order 2004

1997 N.I. 9

2004 N.I. 15

Having an article with a blade or point in a public placeCriminal Justice Act 1988 s. 1391988 c. 33
Breach of harassment injunctionProtection from Harassment (Northern Ireland) Order 1997 Art. 5(6) N.I. 9
Putting people in fear of violenceProtection from Harassment (Northern Ireland) Order 1997 Art. 6(1)as above
Breach of restraining orderProtection from Harassment (Northern Ireland) Order 1997 Art. 7as above
Being drunk when in aircraftAir Navigation (No. 2) Order 1995 Art. 571995 No. 1970
[F145Breach of a Slavery and Trafficking Prevention Order Human 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.)]

Textual Amendments

Class I – Offences against public justice and similar offences
Perverting the course of public justiceCommon law
Perjuries (7 offences)Perjury (Northern Ireland) Order 1979 Arts. 3-12 N.I. 9
Corrupt transactions with agentsPrevention of Corruption Act 1906 s.11906 c. 34
Corruption in public officePublic Bodies Corrupt Practices Act 1889 s.11889 c. 69
EmbraceryCommon law
Fabrication of evidence with intent to mislead a tribunalCommon law
Personation of jurorsCommon law
Concealing an arrestable offenceCriminal Law Act (Northern Ireland) 1967 s. 51967 c. 18
Assisting offendersCriminal Law Act (Northern Ireland) 1967 s. 4(1)as above
False evidence before European CourtEuropean Communities Act 1972 s. 111972 c. 68
Personating for purposes of bail etc.Forgery Act 1861 s. 341861 c. 60
Intimidating a witness, juror etc.Criminal Justice (Northern Ireland) Order 1996 Art. 47(1) N.I. 24
Harming, threatening to harm a witness, juror etc.Criminal Justice (Northern Ireland) Order 1996 Art. 47(2)as above
Offences of prejudicing investigationProceeds of Crime Act 2002 s. 3422002 c. 29
False statement tendered under section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968Perjury (Northern Ireland) Order 1979 Art. 4 N.I. 9
Statement tendered under Article 33 of the Magistrates’ Courts (Northern Ireland) Order 1981Perjury (Northern Ireland) Order 1979 Art. 4(1)(b)as above
Making false statement to authorised officerTrade Descriptions Act 1968 s. 29(2)1968 c. 29
Conspiring to commit offences outside the United KingdomCriminal Attempts and Conspiracy (Northern Ireland) Order 1983 Art. 9A N.I. 13]

Explanatory Note

(This note is not part of the Rules.)

These Rules prescribe the Crown Court remuneration for solicitors and counsel assigned under Articles 29 or 36(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

The main body of the Rules deals with the manner in which costs are to be determined and paid. Those provisions draw to a large extent on the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992, which relate to criminal representation provided under Part III of the 1981 Order, and which are being superseded by these Rules insofar as they prescribe the costs payable for proceedings in the Crown Court.

Schedule 1 deals with the standard fees which shall be payable for most cases in the Crown Court. Initial determinations in such cases will be undertaken by the Northern Ireland Legal Services Commission. Schedule 2 provides for special hourly rates of payment in very high cost cases, in respect of which determinations will be undertaken by the taxing master. A system of redeterminations and appeals is provided enabling solicitors and counsel to challenge the fees determined in a particular case.

(4)

S.R. 1992 No. 314; to which the most recent relevant amendment was made by S.R. 2004 No. 510

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