The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011

Amendments to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

18.  In Schedule 1—

(a) omit paragraph 1;

(b) following paragraph 7, for the Tables of Basic Trial Fees and Refresher Fees, substitute the following Tables–

“TABLES OF BASIC TRIAL FEES AND REFRESHER FEES

(a) Basic Trial Fees

SOLICITOR

Actual Duration of Trial
Offence falling within	Trial Fee 1 1 to 8 days	Trial Fee 2 9 to 16 days	Trial Fee 3 17 to 80 days
Class A	£6,465	£8,599	£12,868
Class B	£2,325	£3,348	£4,888
Class C	£1,425	£2,038	£2,955
Class D	£3,600	£5,400	£7,182
Class E	£1,425	£2,038	£2,955
Class F	£1,650	£2,360	£3,422
Class G	£2,700	£4,050	£5,387
Class H	£1,425	£2,038	£2,955
Class I	£1,425	£2,038	£2,955

COUNSEL

Queen’s Counsel
Actual Duration of Trial
Offence falling within	Trial Fee 1	Trial Fee 2	Trial Fee 3	Trial Fee 4	Trial Fee 5	Trial Fee 6	Trial Fee 7	Trial Fee 8	Trial Fee 9	Trial Fee 10
	1 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days	33 to 40 days	41 to 48 days	49 to 56 days	57 to 64 days	65 to 72 days	73 to 80 days
Class A	£6,000	£8,000	£12,000	£16,000	£20,000	£28,000	£36,000	£48,000	£60,000	£72,000
Class B	£3,200	£4,600	£6,700	£9,660	£12,075	£16,905	£21,735	£28,980	£36,225	£43,470
Class C	£2,800	£4,000	£5,800	£8,400	£10,500	£14,700	£18,900	£25,200	£31,500	£37,800
Class D	£4,000	£6,000	£8,000	£12,000	£15,000	£21,000	£27,000	£36,000	£44,999	£53,999
Class E	£2,800	£4,000	£5,800	£8,400	£10,500	£14,700	£18,900	£25,200	£31,500	£37,800
Class F	£2,800	£4,000	£5,800	£8,400	£10,500	£14,700	£18,900	£25,200	£31,500	£37,800
Class G	£4,000	£6,000	£8,000	£12,000	£15,000	£21,000	£27,000	£36,000	£44,999	£53,999
Class H	£2,800	£4,000	£5,800	£8,400	£10,500	£14,700	£18,900	£25,200	£31,500	£37,800
Class I	£2,800	£4,000	£5,800	£8,400	£10,500	£14,700	£18,900	£25,200	£31,500	£37,800

Leading Junior Counsel
Actual Duration of Trial
Offence falling within	Trial Fee 1	Trial Fee 2	Trial Fee 3	Trial Fee 4	Trial Fee 5	Trial Fee 6	Trial Fee 7	Trial Fee 8	Trial Fee 9	Trial Fee 10
	1 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days	33 to 40 days	41 to 48 days	49 to 56 days	57 to 64 days	65 to 72 days	73 to 80 days
Class A	£4,500	£6,000	£9,000	£12,000	£15,000	£21,000	£27,000	£36,000	£45,000	£54,000
Class B	£2,400	£3,450	£5,025	£7,245	£9,056	£12,679	£16,301	£21,735	£27,168	£32,602
Class C	£2,100	£3,000	£4,350	£6,300	£7,875	£11,025	£14,175	£18,900	£23,625	£28,350
Class D	£3,000	£4,500	£6,000	£9,000	£11,250	£15,750	£20,250	£27,000	£33,750	£40,500
Class E	£2,100	£3,000	£4,350	£6,300	£7,875	£11,025	£14,175	£18,900	£23,625	£28,350
Class F	£2,100	£3,000	£4,350	£6,300	£7,875	£11,025	£14,175	£18,900	£23,625	£28,350
Class G	£3,000	£4,500	£6,000	£9,000	£11,250	£15,750	£20,250	£27,000	£33,750	£40,500
Class H	£2,100	£3,000	£4,350	£6,300	£7,875	£11,025	£14,175	£18,900	£23,625	£28,350
Class I	£2,100	£3,000	£4,350	£6,300	£7,875	£11,025	£14,175	£18,900	£23,625	£28,350

Led Junior Counsel
Actual Duration of Trial
Offence falling within	Trial Fee 1	Trial Fee 2	Trial Fee 3	Trial Fee 4	Trial Fee 5	Trial Fee 6	Trial Fee 7	Trial Fee 8	Trial Fee 9	Trial Fee 10
	1 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days	33 to 40 days	41 to 48 days	49 to 56 days	57 to 64 days	65 to 72 days	73 to 80 days
Class A	£3,600	£4,800	£7,200	£9,600	£12,000	£16,800	£21,600	£28,800	£36,000	£43,200
Class B	£1,920	£2,760	£4,020	£5,796	£7,245	£10,143	£13,041	£17,388	£21,735	£26,082
Class C	£1,400	£2,000	£2,900	£4,200	£5,250	£7,350	£9,450	£12,600	£15,750	£18,900
Class D	£2,000	£3,000	£4,000	£6,000	£7,500	£10,500	£13,500	£18,000	£22,500	£27,000
Class E	£1,400	£2,000	£2,900	£4,200	£5,250	£7,350	£9,450	£12,600	£15,750	£18,900
Class F	£1,400	£2,000	£2,900	£4,200	£5,250	£7,350	£9,450	£12,600	£15,750	£18,900
Class G	£2,000	£3,000	£4,000	£6,000	£7,500	£10,500	£13,500	£18,000	£22,500	£27,000
Class H	£1,400	£2,000	£2,900	£4,200	£5,250	£7,350	£9,450	£12,600	£15,750	£18,900
Class I	£1,400	£2,000	£2,900	£4,200	£5,250	£7,350	£9,450	£12,600	£15,750	£18,900

Sole Junior Counsel
Action Duration of Trial
Offence falling within	Trial Fee 1	Trial Fee 2	Trial Fee 3	Trial Fee 4	Trial Fee 5	Trial Fee 6	Trial Fee 7	Trial Fee 8	Trial Fee 9	Trial Fee 10
	1 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days	33 to 40 days	41 to 48 days	49 to 56 days	57 to 64 days	65 to 72 days	73 to 80 days
Class A	£3,900	£5,200	£7,800	£10,400	£13,000	£18,200	£23,400	£31,200	£39,000	£46,800
Class B	£2,080	£2,990	£4,355	£6,279	£7,849	£10,988	£14,128	£18,837	£23,546	£28,255
Class C	£1,820	£2,600	£3,770	£5,460	£6,825	£9,555	£12,285	£16,380	£20,475	£24,570
Class D	£2,600	£3,900	£5,200	£7,800	£9,750	£13,650	£17,550	£23,400	£29,250	£35,100
Class E	£1,820	£2,600	£3,770	£5,460	£6,825	£9,555	£12,285	£16,380	£20,475	£24,570
Class F	£1,820	£2,600	£3,770	£5,460	£6,825	£9,555	£12,285	£16,380	£20,475	£24,570
Class G	£2,600	£3,900	£5,200	£7,800	£9,750	£13,650	£17,550	£23,400	£29,250	£35,100
Class H	£1,820	£2,600	£3,770	£5,460	£6,825	£9,555	£12,285	£16,380	£20,475	£24,570
Class I	£1,820	£2,600	£3,770	£5,460	£6,825	£9,555	£12,285	£16,380	£20,475	£24,570

(b) Refresher Fees

SOLICITOR

Actual Duration of Trial
Offence falling within Classes A to I	Refresher Fee 1	Refresher Fee 2	Refresher Fee 3
	2 to 8 days	9 to 16 days	17 to 80 days
Full Day	£375	£450	£525
Half Day	£188	£225	£263

COUNSEL

Queen’s Counsel
Actual Duration of Trial
Offence falling within Classes A to I	Refresher Fee 1	Refresher Fee 2	Refresher Fee 3	Refresher Fee 4	Refresher Fee 5	Refresher Fee 6	Refresher Fee 7	Refresher Fee 8	Refresher Fee 9	Refresher Fee 10
	2 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days	33 to 40 days	41 to 48 days	49 to 56 days	57 to 64 days	65 to 72 days	73 to 80 days
Full Day	£400	£480	£560	£640	£720	£800	£800	£800	£800	£800
Half Day	£200	£240	£280	£320	£360	£400	£400	£400	£400	£400

Leading Junior Counsel
Actual Duration of Trial
Offence falling within Classes A to I	Refresher Fee 1	Refresher Fee 2	Refresher Fee 3	Refresher Fee 4	Refresher Fee 5	Refresher Fee 6	Refresher Fee 7	Refresher Fee 8	Refresher Fee 9	Refresher Fee 10
	2 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days	33 to 40 days	41 to 48 days	49 to 56 days	57 to 64 days	65 to 72 days	73 to 80 days
Full Day	£300	£360	£420	£480	£540	£600	£600	£600	£600	£600
Half Day	£150	£180	£210	£240	£270	£300	£300	£300	£300	£300

Led Junior Counsel
Actual Duration of Trial
Offence falling within Classes A to I	Refresher Fee 1	Refresher Fee 2	Refresher Fee 3	Refresher Fee 4	Refresher Fee 5	Refresher Fee 6	Refresher Fee 7	Refresher Fee 8	Refresher Fee 9	Refresher Fee 10
	2 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days	33 to 40 days	41 to 48 days	49 to 56 days	57 to 64 days	65 to 72 days	73 to 80 days
Full Day	£200	£240	£280	£320	£360	£400	£400	£400	£400	£400
Half Day	£100	£120	£140	£160	£180	£200	£200	£200	£200	£200

Sole Junior Counsel
Actual Duration of Trial
Offence falling within Classes A to I	Refresher Fee 1	Refresher Fee 2	Refresher Fee 3	Refresher Fee 4	Refresher Fee 5	Refresher Fee 6	Refresher Fee 7	Refresher Fee 8	Refresher Fee 9	Refresher Fee 10
	2 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days	33 to 40 days	41 to 48 days	49 to 56 days	57 to 64 days	65 to 72 days	73 to 80 days
Full Day	£260	£312	£364	£416	£468	£520	£520	£520	£520	£520
Half Day	£130	£156	£182	£208	£234	£260	£260	£260	£260	£260”

(c) in paragraph 8(2)—

(i) after “subject to paragraphs” insert “10A, 14, 15A, 18A, 18B,”;

(ii) omit “(and also to paragraph 10 in respect of an advocate)”;

(d) in paragraph 9, after “according to paragraph 5” insert “and furthermore, where the case was a Guilty Plea 2, the PPE Range”;

(e) following paragraph 9, for the Tables of Guilty Plea Fees, substitute the following Tables—

“TABLES OF GUILTY PLEA FEES

(a) Guilty Plea 1 Fees

SOLICITOR

Offence falling within	Fee
Class A	£5,813
Class B	£1,395
Class C	£926
Class D	£2,880
Class E	£926
Class F	£990
Class G	£1,620
Class H	£926
Class I	£926

COUNSEL

Offence falling within	Queen’s Counsel Fee	Leading Junior Counsel Fee	Led Junior Counsel Fee	Sole Junior Counsel Fee
Class A	£2,860	£2,145	£1,430	£1,859
Class B	£1,820	£1,365	£910	£1,183
Class C	£1,560	£1,170	£780	£1,014
Class D	£1,976	£1,482	£988	£1,285
Class E	£1,560	£1,170	£780	£1,014
Class F	£1,560	£1,170	£780	£1,014
Class G	£1,976	£1,482	£988	£1,285
Class H	£1,560	£1,170	£780	£1,014
Class I	£1,560	£1,170	£780	£1,014

(b) Guilty Plea 2 Fees

SOLICITOR

Offence falling within	PPE Range	Fee
Class A	1 – 750	£6,465
Class A	751 – 3,000	£11,236
Class A	3,001+	£25,282
Class B	1 – 687	£1,628
Class B	688 – 1,462	£11,236
Class B	1,463 +	£25,282
Class C	1 – 714	£1,069
Class C	715 – 1,262	£11,236
Class C	1,263 +	£25,282
Class D	1 – 733	£3,240
Class D	734 – 1,631	£11,236
Class D	1,632 +	£25,282
Class E	1 – 750	£1,069
Class E	751 – 1,636	£11,236
Class E	1,637 +	£25,282
Class F	1 – 677	£1,155
Class F	678 – 1,225	£11,236
Class F	1,226 +	£25,282
Class G	1 – 750	£1,890
Class G	751 – 1,750	£11,236
Class G	1,751 +	£25,282
Class H	1 – 750	£1,069
Class H	751 – 1,443	£11,236
Class H	1,444 +	£25,282
Class I	1 – 870	£1,069
Class I	871 – 1,606	£11,236
Class I	1,607 +	£25,282

COUNSEL

Offence falling within	PPE Range	Queen’s Counsel Fee	Leading Junior Counsel Fee	Led Junior Counsel Fee	Sole Junior Counsel Fee
Class A	1 – 750	£4,500	£3,375	£2,250	£2,925
Class A	751 – 3,000	£8,400	£6,300	£4,200	£5,460
Class A	3,001 +	£18,900	£14,175	£9,450	£12,285
Class B	1 – 687	£2,400	£1,800	£1,200	£1,560
Class B	688 – 1,462	£8,400	£6,300	£4,200	£5,460
Class B	1,463 +	£18,900	£14,175	£9,450	£12,285
Class C	1 – 714	£2,100	£1,575	£1,050	£1,365
Class C	715 – 1,262	£8,400	£6,300	£4,200	£5,460
Class C	1,263 +	£18,900	£14,175	£9,450	£12,285
Class D	1 – 733	£3,000	£2,250	£1,500	£1,950
Class D	734 – 1,631	£8,400	£6,300	£4,200	£5,460
Class D	1,632 +	£18,900	£14,175	£9,450	£12,285
Class E	1 – 750	£2,100	£1,575	£1,050	£1,365
Class E	751 – 1,636	£8,400	£6,300	£4,200	£5,460
Class E	1,637 +	£18,900	£14,175	£9,450	£12,285
Class F	1 – 677	£2,100	£1,575	£1,050	£1,365
Class F	678 – 1,225	£8,400	£6,300	£4,200	£5,460
Class F	1,226 +	£18,900	£14,175	£9,450	£12,285
Class G	1 – 750	£3,000	£2,250	£1,500	£1,950
Class G	751 – 1,750	£8,400	£6,300	£4,200	£5,460
Class G	1,751+	£18,900	£14,175	£9,450	£12,285
Class H	1 – 750	£2,100	£1,575	£1,050	£1,365
Class H	751 – 1,443	£8,400	£6,300	£4,200	£5,460
Class H	1,444 +	£18,900	£14,175	£9,450	£12,285
Class I	1 – 870	£2,100	£1,575	£1,050	£1,365
Class I	871 – 1,606	£8,400	£6,300	£4,200	£5,460
Class I	1,607 +	£18,900	£14,175	£9,450	£12,285”

(f) under the heading “PART 4”, for the words “FIXED AND TIME-BASED FEES” substitute “ADDITIONAL FEES”;

(g) omit paragraph 10;

(h) under the heading ‘Additional Fees’, insert—

“10A.   Where the PPE Range exceeds 750, the fee set out in the Table following paragraph 19 as appropriate to the number of pages shall be payable to the solicitor.”;

(i) after paragraph 15, insert—

“15A.— (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.

(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.”;

(j) after paragraph 18, insert—

“18A.— (1) This paragraph applies where the assisted person was a child who was the subject of a court-ordered youth conference.

(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) The Commission 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 £44.75 per hour to a solicitor and £29.25 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.

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.

(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.”;

(k) for paragraph 19(2), substitute—

“(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.”.

(l) following paragraph 19, for the Tables of Fixed and Time-based Fees, substitute the following Tables—

“TABLES OF ADDITIONAL FEES

SOLICITOR

Type of work	Paragraph providing for fee	Fee
PPE Enhanced Fee
PPE Range
751 – 1,000 pages		£1,150
1,001 – 1,250 pages		£2,300
1,251 – 1,500 pages		£3,450
1,501 – 1,750 pages	10A	£4,600
1,751 – 2,000 pages		£5,750
2,001 – 2,250 pages		£6,900
2,251 – 2,500 pages		£8,050
2,501 + pages		An additional £1,150 per additional 250 pages
Arraignment – Not Guilty	11	£90
Standby Fee	12(1)	£375
Appearing at deferred sentencing hearing	15(1)(a)	£188
Appearing at other sentencing hearing	15(1)(b)	£100
Late sitting fee	17	£188
Cases within paragraph 2	19	£563
Application Fee 1 (hearing not exceeding 1.5 hours)		£113
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours)	12(2), 13, 14 and 16	£188
Application Fee 3 (hearing exceeding 3 hours)		£375
Court-ordered youth conference
Lower standard fee (conferences lasting up to and including 1 hour)	18A	£70
Principal standard fee (conferences lasting more than 1 hour but not exceeding 2 hours)		£112.50

COUNSEL

Type of work	Paragraph providing for fee	Queen’s Counsel Fee	Leading Junior Counsel Fee	Led Junior Counsel Fee	Sole Junior Counsel Fee
Arraignment – Not Guilty	11	£120	£113	£75	£98
Standby Fee	12(1)	£400	£300	£200	£260
Appearing at deferred sentencing hearing	15(1)(a)	£320	£240	£160	£208
Appearing at other sentencing hearing	15(1)(b)	£240	£180	£120	£156
Skeleton argument	15A and 18B	£250	£188	£125	£163
Late sitting fee	17	£200	£150	£100	£130
Cases within paragraph 2	19	£600	£450	£300	£390
Application Fee 1 (hearing not exceeding 1.5 hours)		£100	£94	£63	£82
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours)	12(2), 13, 14 and 16	£200	£150	£100	£130
Application Fee 3 (hearing exceeding 3 hours)		£400	£300	£200	£260
Consultations/views	18(1)	£63 per hour	£47 per hour	£31 per hour	£41 per hour
Listening to or viewing tapes etc.	18(2)	£27 per 10 minutes	£20 per 10 minutes	£14 per 10 minutes	£18 per 10 minutes
Court-ordered youth conference
Lower standard fee (conferences lasting up to and including 1 hour)	18A	N/A	N/A	N/A	£70
Principal standard fee (conferences lasting more than 1 hour but not exceeding 2 hours)		N/A	N/A	N/A	£112.50”

(m) for paragraph 21, substitute—

“21.— (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.

(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 the Commission 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.”.