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

Interpretation

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

“advocate” means –

(a)

counsel, or

(b)

a solicitor who is exercising his right of audience under section 50 of the Judicature (Northern Ireland) Act 1978(1), and who has been certified by the Law Society as an Advanced Advocate, or

(c)

a solicitor who is exercising his right of audience under section 50 of the Judicature (Northern Ireland) Act 1978, and who has not been certified by the Law Society as an Advanced Advocate;

“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;

“case” means proceedings in the Crown Court against one assisted person –

(a)

on one or more counts of a single indictment; or

(b)

arising out of a single alleged breach of an order of the Crown Court,

and a case falling within paragraph (b) shall be treated as a separate case from the proceedings in which the order was made;

“Certificate of Exceptionality” in respect of a solicitor has the meaning given by rule 8(4) to (14), and in respect of an advocate has the meaning given by rule 11(4) to (8);

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

“the Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003(2);

“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 advocate, 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;

“the Court Service” means the Northern Ireland Court Service established under section 69 of the Judicature (Northern Ireland) Act 1978;

“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;

“Guilty Plea 1 Fee” has the meaning given by paragraph 3 of Schedule 1;

“Guilty Plea 2 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;

“main hearing” means –

(a)

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

(b)

in relation to a Guilty Plea 2 case, 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;

“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);

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

“representative” means a solicitor or an advocate;

“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;

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

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

“a Very High Cost Case” is a case in respect of which a Very High Cost Case Certificate has been granted under rule 16 or which went to trial where the trial exceeded 25 days;

“a Very High Cost Case Certificate” has the meaning given by rule 16.

(1)

1978 c. 23

(2)

S.I. 2003/435 (N.I. 10)

(3)

S.I. 1981/228 (N.I. 8)

(4)

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