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(1) 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 advocate 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.
Commencement Information
I1Sch. 1 para. 13 in operation at 4.4.2005, see rule 1