Statutory Rules of Northern Ireland
Legal Aid And Advice
Made
23rd March 2011
Coming into operation
13th April 2011
The Department of Justice makes the following Rules 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 it(2).
In accordance with Article 36(3) of that Order, the Department has consulted with the Lord Chief Justice, the Attorney General and the Crown Court Rules Committee and it has obtained the approval of the Department of Finance and Personnel.
In accordance with Article 37 of that Order, the Department has had regard to the matters specified in that Article.
1. These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011 and shall come into operation on 13th April 2011.
2. In these Rules a reference to a rule or Schedule by number alone is a reference to the rule or Schedule so numbered in or to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005(3).
3.—(1) Subject to paragraph (2), these Rules apply for the determination of costs which are payable in respect of work done under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 on or after 13th April 2011.
(2) The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 continue to apply as if these Rules had not been made in respect of cases in which a criminal aid certificate was granted under Article 29, or deemed to have been granted under Article 36(2), of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 before 13th April 2011.
4. The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 are amended as follows.
5. In each place where it appears, for “advocate” substitute “counsel”.
6. In rule 2—
(a)omit the definition of ‘advocate’;
(b)omit the definition of ‘Certificate of Exceptionality’;
(c)after the definition of ‘counsel’, insert–
““court-ordered youth conference” has the meaning given by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998(4);
“the Department” means the Department of Justice established by the Department of Justice Act (Northern Ireland) 2010(5);”;
(d)omit the definition of ‘the Court Service’;
(e)after the definition of ‘main hearing’, insert—
““meeting” has the meaning given by Article 3A(1) and (2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;”;
(f)after the definition ‘the Order’, insert–
““PPE Range” means the number of pages of prosecution evidence, and for this purpose the number of pages of prosecution evidence includes all–
witness statements,
documentary and pictorial exhibits,
records of interviews with the assisted person, and
records of interviews with other defendants,
served on the court;
“Queen’s Counsel” includes senior counsel practising outside of Northern Ireland;”;
(g)after the definition of ‘taxing master’, insert—
““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.”;
(h)omit the definitions of ‘a Very High Cost Case’ and ‘a Very High Cost Case Certificate’.
7. In rule 4—
(a)in paragraph (1), omit “Subject to rules 16 and 17,”;
(b)after paragraph (2), insert—
“(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.”.
8. After rule 4, insert—
4A.—(1) Where a solicitor exercising his right of audience under section 50 of the Judicature (Northern Ireland) Act 1978(6) 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.”.
9. Omit rule 7(4).
10. In rule 8—
(a)omit paragraphs (4) to (14);
(b)after paragraph (3), insert–
“(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 the Commission 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), the Commission 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.”.
11. Omit rule 10(4).
12. In rule 11—
(a)omit paragraphs (4) to (8);
(b)after paragraph (3), insert–
“(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 the Commission 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), the Commission 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.”.
13. In rule 13—
(a)in paragraph (1)–
(i)omit sub-paragraph (b);
(ii)omit “, to review the decision”;
(b)in paragraph (6)(a), omit “or the decision referred to in paragraph (1)(b), as the case may be,”;
(c)omit paragraph (9).
14. Omit rule 14(15).
15. Omit rules 16, 16A, 16B, 16C, 17, 17A and 17B.
16. In rule 19(1)(a), for the words “, 15, 16 or 17” substitute “or 15”.
17. In rule 20(4)(a), after “the Lord Chief Justice,” insert “the Attorney General,”.
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–
| 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 |
| 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 |
| 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 |
| 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—
| 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 |
| 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 |
| 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 |
| 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—
| 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 | |
| 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.”.
19. Omit Schedule 2.
20. For Schedule 3, substitute—
| Offence | Contrary to | Year and chapter |
|---|---|---|
| Class A – Homicide and related grave offences | ||
| Murder | Common law | |
| Manslaughter | Common law | |
| Soliciting to murder | Offences against the Person Act 1861 s. 4 | 1861 c. 100 |
| Child destruction | Criminal Justice Act (Northern Ireland) 1945 s. 25(1) | 1945 c. 15 |
| Infanticide | Infanticide Act (Northern Ireland) 1939 s. 1(1) | 1939 c. 5 |
| Causing explosion likely to endanger life or property | Explosive Substances Act 1883 s. 2 | 1883 c. 3 |
| Attempt to cause explosion, making or keeping explosive etc. | Explosive Substances Act 1883 s. 3 | as above |
| Class B – Offences involving serious violence or damage, and serious drugs offences | ||
| Kidnapping | Common law | |
| False imprisonment | Common law | |
| Aggravated criminal damage | Criminal Damage (Northern Ireland) Order 1977 Art. 3(2) | 1977 N.I. 4 |
| Aggravated arson | Criminal 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 life | Firearms (Northern Ireland) Order 2004 Art. 58 | 0702 N.I. 3 |
| Use of firearm to resist arrest | Firearms (Northern Ireland) Order 2004 Art. 59(1) | as above |
| Possession of firearm with criminal intent | Firearms (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 burglary | Theft Act (Northern Ireland) 1969 s. 10 | 1969 c. 16 |
| Armed robbery | Theft Act (Northern Ireland) 1969 s. 8(1) | as above |
| Assault with weapon with intent to rob | Theft Act (Northern Ireland) 1969 s. 8(2) | as above |
| Blackmail | Theft Act (Northern Ireland) 1969 s. 20 | as above |
| Riot | Common law | |
| Contamination of goods with intent | Public Order Act 1986 s. 38 | 1986 c. 64 |
| Causing death by dangerous driving | Road Traffic (Northern Ireland) Order 1995 Art. 9 | N.I. 18 |
| Causing death by careless driving while under the influence of drink or drugs | Road Traffic (Northern Ireland) Order 1995 Art. 14 | as above |
| Aggravated vehicle taking resulting in death | Road Traffic (Northern Ireland) Order 1981 Art. 172B | N.I. 1 |
| Causing danger to road users | Road Traffic (Northern Ireland) Order 1995 Art. 53 | N.I. 18 |
| Attempting to choke, suffocate, strangle etc. | Offences against the Person Act 1861 s. 21 | 1861 c. 100 |
| Causing miscarriage by poison, instrument | Offences against the Person Act 1861 s. 58 | as above |
| Making threats to kill | Offences against the Person Act 1861 s. 16 | as above |
| Wounding or grievous bodily harm with intent to cause grievous bodily harm etc. | Offences against the Person Act 1861 s. 18 | as above |
| Endangering the safety of railway passengers | Offences against the Person Act 1861 ss. 32-34 | as above |
| Impeding persons endeavouring to escape wrecks | Offences against the Person Act 1861 s. 17 | as above |
| Administering chloroform, laudanum etc. | Offences against the Person Act 1861 s. 22 | as above |
| Administering poison etc. so as to endanger life | Offences against the Person Act 1861 s. 23 | as above |
| Cruelty to persons under 16 | Children and Young Persons Act (Northern Ireland) 1968 s. 20 | 1968 c. 34 |
| Aiding and abetting suicide | Criminal Justice Act (Northern Ireland) 1966 s. 13 | 1966 c. 20 |
| Placing wood etc. on railway | Malicious Damage Act 1861 s. 35 | 1861 c. 97 |
| Acquiring, possessing etc. the proceeds of criminal conduct | Proceeds of Crime Act 2002 s. 329 | 2002 c. 29 |
| Producing or supplying a Class A or B drug | Misuse of Drugs Act 1971 s. 4 | 1971 c. 38 |
| Possession of a Class A or B drug with intent to supply | Misuse of Drugs Act 1971 s. 5(3) | as above |
| Manufacture and supply of scheduled substances | Criminal Justice (International Co-operation) Act 1990 s. 12 | 1990 c. 5 |
| Fraudulent evasion of controls on Class A and B drugs | Customs and Excise Management Act 1979 s. 170(2)(b) and (c) | 1979 c. 2 |
| Illegal importation of Class A and B drugs | Customs and Excise Management Act 1979 s. 50 | as above |
| Offences in relation to money laundering investigations | Proceeds of Crime Act 2002 ss. 327-333 | 2002 c. 29 |
| Practitioner contravening drug supply regulations | Misuse of Drugs Act 1971 ss. 12 and 13 | 1971 c. 38 |
| Cultivation of cannabis plant | Misuse of Drugs Act 1971 s. 6 | as above |
| Occupier knowingly permitting drugs offences etc. | Misuse of Drugs Act 1971 s. 8 | as above |
| Activities relating to opium | Misuse of Drugs Act 1971 s. 9 | as above |
| Drug trafficking offences at sea | Criminal Justice (International Co-operation) Act 1990 s. 18 | 1990 c. 5 |
| Firing on Revenue vessel | Customs and Excise Management Act 1979 s. 85(2) | 1979 c. 2 |
| Making or possession of explosive in suspicious circumstances | Explosive Substances Act 1883 s. 4(1) | 1883 c. 3 |
| Causing bodily injury by explosives | Offences against the Person Act 1861 s. 28 | 1861 c. 100 |
| Using explosive or corrosives with intent to cause grievous bodily harm | Offences against the Person Act 1861 s. 29 | as above |
| Hostage taking | Taking of Hostages Act 1982 s. 1 | 1982 c. 28 |
| Money laundering in relation to terrorist activities | Terrorism Act 2000 s. 18 | 2000 c. 11 |
| Offences against international protection of nuclear material | Nuclear Material (Offences) Act 1983 s. 2 | 1983 c. 18 |
| Placing explosives with intent to cause bodily injury | Offences against the Person Act 1861 s. 30 | 1861 c. 100 |
| Membership of proscribed organisations | Terrorism Act 2000 s. 11 | 2000 c. 11 |
| Support or meeting of proscribed organisations | Terrorism Act 2000 s. 12 | as above |
| Uniform of proscribed organisations | Terrorism Act 2000 s. 13 | as above |
| Fund-raising for terrorism | Terrorism Act 2000 s. 15 | as above |
| Other offences involving money or property to be used for terrorism | Terrorism Act 2000 ss. 16-18 | as above |
| Disclosure prejudicing, or interference of material relevant to, investigation of terrorism | Terrorism Act 2000 s. 39 | as above |
| Weapons training | Terrorism Act 2000 s. 54 | as above |
| Directing terrorist organisation | Terrorism Act 2000 s. 56 | as above |
| Possession of articles for terrorist purposes | Terrorism Act 2000 s. 57 | as above |
| Unlawful collection of information for terrorist purposes | Terrorism Act 2000 s. 58 | as above |
| Incitement of terrorism overseas | Terrorism Act 2000 s. 60 | as above |
| Endangering the safety of an aircraft | Aviation 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 by | 1977 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. 8 | 1969 c. 16 |
| Unlawful wounding | Offences against the Person Act 1861 s. 20 | 1861 c. 100 |
| Assault occasioning actual bodily harm | Offences against the Person Act 1861 s. 47 | as above |
| Concealment of birth | Offences against the Person Act 1861 s. 60 | as above |
| Abandonment of children under two | Offences against the Person Act 1861 s. 27 | as above |
| Arson (other than aggravated arson) where value does not exceed £30,000 | Criminal 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 place | Firearms (Northern Ireland) Order 2004 Art. 61 | 0702 N.I. 3 |
| Trespassing with a firearm | Firearms (Northern Ireland) Order 2004 Art. 62 | as above |
| Shortening of shotgun or converting imitation firearm into firearm | Firearms (Northern Ireland) Order 2004 Art. 67(1) and (3) | as above |
| Possession or acquisition of shotgun without certificate | Firearms (Northern Ireland) Order 2004 Art. 3 | as above |
| Possession of firearms by person convicted of crime | Firearms (Northern Ireland) Order 2004 Art. 63(6) | as above |
| Prohibition of possession, etc. of firearm by certain persons | Firearms (Northern Ireland) Order 2004 Art. 63 | as above |
| Manufacture, dealing in firearms | Firearms (Northern Ireland) Order 2004 Art. 45(1) and (2) | as above |
| Failure to comply with conditions of authority regarding prohibited weapons | Firearms (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 escape | Prison Act (Northern Ireland) 1953 s. 30 | as above |
| Fraudulent evasion of agricultural levy | Customs and Excise Management Act 1979 s. 68A | 1979 c. 2 |
| Offender armed or disguised | Customs and Excise Management Act 1979 s. 86 | as above |
| Making threats to destroy or damage property | Criminal Damage (Northern Ireland) Order 1977 Art. 4 | 1977 N.I. 4 |
| Possessing anything with intent to destroy or damage property | Criminal Damage (Northern Ireland) Order 1977 Art. 5 | as above |
| Child abduction by connected person | Child Abduction (Northern Ireland) Order 1985 Art. 3 | N.I. 17 |
| Child abduction by other person | Child Abduction (Northern Ireland) Order 1985 Art. 4 | as above |
| Bomb hoax | Criminal Law (Amendment) (Northern Ireland) Order 1977 Art. 3 | N.I. 16 |
| Producing or supplying Class C drug | Misuse of Drugs Act 1971 s. 4 | 1971 c. 38 |
| Possession of a Class C drug with intent to supply | Misuse of Drugs Act 1971 s. 5(3) | as above |
| Fraudulent evasion of controls on Class C drugs | Customs and Excise Management Act 1979 s. 170(2)(b) and (c) | 1979 c. 2 |
| Illegal importation of Class C drugs | Customs and Excise Management Act 1979 s. 50 | as above |
| Possession of Class A drug | Misuse of Drugs Act 1971 s. 5(2) | 1971 c. 38 |
| Failure to disclose knowledge or suspicion of money laundering | Proceeds of Crime Act 2002 ss. 330-332 | 2002 c. 29 |
| Tipping-off in relation to money laundering investigations | Proceeds of Crime Act 2002 s. 333 | as above |
| Assaults on officers saving wrecks | Offences against the Person Act 1861 s. 37 | 1861 c. 100 |
| Attempting to injure or alarm the Sovereign | Treason Act 1842 s. 2 | 1842 c. 51 |
| Assisting illegal entry or harbouring persons | Immigration Act 1971 s. 25 | 1971 c. 77 |
| Administering poison with intent to injure etc. | Offences against the Person Act 1861 s. 24 | 1861 c. 100 |
| Neglecting to provide food for assaulting servants etc. | Offences against the Person Act 1861 s. 26 | as above |
| Setting spring guns with intent to inflict grievous bodily harm | Offences against the Person Act 1861 s. 31 | as above |
| Supplying instrument etc. to cause miscarriage | Offences against the Person Act 1861 s. 59 | as above |
| Failure to disclose information about terrorism | Terrorism Act 2000 s. 19 | 2000 c. 11 |
| Circumcision of females | Female Genital Mutilation Act 2003 s. 1 | 2003 c. 38 |
| Breaking or injuring submarine telegraph cables | Submarine Telegraph Act 1885 s. 3 | 1885 c. 49 |
| Failing to keep dogs under proper control resulting in injury | Dogs (Northern Ireland) Order 1983 Art. 29(1A) and (1B) | N.I. 8 |
| Making gunpowder etc. to commit offences | Offences against the Person Act 1861 s. 64 | 1861 c. 100 |
| Stirring up racial hatred | Public Order (Northern Ireland) Order 1987 Arts. 8-13 | N.I. 7 |
| Racially-aggravated assault | Offences Against the Person Act 1861 s. 47, as amended by the Criminal Justice (No. 2) (Northern Ireland) Order 2004 | |
| Racially-aggravated criminal damage | Criminal Damage (Northern Ireland) Order 1977 Arts. 3 and 6(2), as amended by the Criminal Justice (No. 2) (Northern Ireland) Order 2004 | |
| Class D – Serious sexual offences, offences against children | ||
| Trafficking into the UK for sexual exploitation | Sexual Offences Act 2003 s. 57 | 2003 c. 42 |
| Trafficking within the UK for sexual exploitation | Sexual Offences Act 2003 s. 58 | as above |
| Trafficking out of the UK for sexual exploitation | Sexual Offences Act 2003 s. 59 | as above |
| Rape | Sexual Offences (Northern Ireland) Order 2008 Art. 5 | N.I. 2 |
| Assault by penetration | Sexual Offences (Northern Ireland) Order 2008 Art. 6 | as above |
| Sexual assault | Sexual Offences (Northern Ireland) Order 2008 Art. 7 | as above |
| Causing a person to engage in sexual activity without consent | Sexual Offences (Northern Ireland) Order 2008 Art. 8 | as above |
| Rape of a child under 13 | Sexual Offences (Northern Ireland) Order 2008 Art. 12 | as above |
| Assault of a child under 13 by penetration | Sexual Offences (Northern Ireland) Order 2008 Art. 13 | as above |
| Sexual assault of a child under 13 | Sexual Offences (Northern Ireland) Order 2008 Art. 14 | as above |
| Causing or inciting a child under 13 to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 15 | as above |
| Sexual activity with a child | Sexual Offences (Northern Ireland) Order 2008 Arts. 16 and 20 | as above |
| Causing or inciting a child to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Arts. 17 and 20 | as above |
| Engaging in sexual activity in the presence of a child | Sexual Offences (Northern Ireland) Order 2008 Arts. 18 and 20 | as above |
| Causing a child to watch a sexual act | Sexual Offences (Northern Ireland) Order 2008 Arts. 19 and 20 | as above |
| Arranging or facilitating commission of a sexual offence against a child | Sexual Offences (Northern Ireland) Order 2008 Art. 21 | as above |
| Meeting a child following sexual grooming, etc | Sexual Offences (Northern Ireland) Order 2008 Art. 22 | as above |
| Abuse of position of trust: Sexual activity with a child | Sexual Offences (Northern Ireland) Order 2008 Art. 23 | as above |
| Abuse of position of trust: Causing or inciting a child to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 24 | as above |
| Abuse of position of trust: Sexual activity in the presence of a child | Sexual Offences (Northern Ireland) Order 2008 Art. 25 | as above |
| Abuse of position of trust: Causing a child to watch a sexual act | Sexual Offences (Northern Ireland) Order 2008 Art. 26 | as above |
| Sexual activity with a child family member | Sexual Offences (Northern Ireland) Order 2008 Art. 32 | as above |
| Inciting a child family member to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 33 | as above |
| Paying for sexual services of a child | Sexual Offences (Northern Ireland) Order 2008 Art. 37 | as above |
| Causing or inciting child prostitution or pornography | Sexual Offences (Northern Ireland) Order 2008 Art. 38 | as above |
| Controlling a child prostitute or a child involved in pornography | Sexual Offences (Northern Ireland) Order 2008 Art. 39 | as above |
| Arranging or facilitating child prostitution or pornography | Sexual Offences (Northern Ireland) Order 2008 Art. 40 | as above |
| Sexual activity with a person with a mental disorder impeding choice | Sexual Offences (Northern Ireland) Order 2008 Art. 43 | as above |
| Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 44 | as above |
| Engaging in sexual activity in the presence of a person with a mental disorder impeding choice | Sexual Offences (Northern Ireland) Order 2008 Art. 45 | as above |
| Causing a person with a mental disorder impeding choice to watch a sexual act | Sexual Offences (Northern Ireland) Order 2008 Art. 46 | as above |
| Inducement, threat or deception to procure sexual activity with a person with a mental disorder | Sexual Offences (Northern Ireland) Order 2008 Art. 47 | as above |
| Causing a person with a mental disorder to engage in, or agree to engage in, sexual activity by inducement, threat or deception | Sexual Offences (Northern Ireland) Order 2008 Art. 48 | as above |
| Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder | Sexual Offences (Northern Ireland) Order 2008 Art. 49 | as above |
| Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception | Sexual Offences (Northern Ireland) Order 2008 Art. 50 | as above |
| Care Workers: Sexual activity with a person with a mental disorder | Sexual Offences (Northern Ireland) Order 2008 Art. 51 | as above |
| Care Workers: Causing or inciting sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 52 | as above |
| Care Workers: Sexual activity in the presence of a person with a mental disorder | Sexual Offences (Northern Ireland) Order 2008 Art. 53 | as above |
| Care Workers: Causing a person with a mental disorder to watch a sexual act | Sexual Offences (Northern Ireland) Order 2008 Art. 54 | as above |
| Loitering or soliciting for the purposes of prostitution | Sexual Offences (Northern Ireland) Order 2008 Art. 59 | as above |
| Kerb-crawling | Sexual Offences (Northern Ireland) Order 2008 Art. 60 | as above |
| Persistent soliciting | Sexual Offences (Northern Ireland) Order 2008 Art. 61 | as above |
| Causing or inciting prostitution for gain | Sexual Offences (Northern Ireland) Order 2008 Art. 62 | as above |
| Controlling prostitution for gain | Sexual Offences (Northern Ireland) Order 2008 Art. 63 | as above |
| Keeping a brothel used for prostitution | Sexual Offences (Northern Ireland) Order 2008 Art. 64 | as above |
| Administering a substance with intent to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 65 | as above |
| Committing an offence with intent to commit a sexual offence | Sexual Offences (Northern Ireland) Order 2008 Art. 66 | as above |
| Trespass with intent to commit a sexual offence | Sexual Offences (Northern Ireland) Order 2008 Art. 67 | as above |
| Sex with an adult relative: Penetration | Sexual Offences (Northern Ireland) Order 2008 Art. 68 | as above |
| Sex with an adult relative: Consenting to penetration | Sexual Offences (Northern Ireland) Order 2008 Art. 69 | as above |
| Exposure | Sexual Offences (Northern Ireland) Order 2008 Art. 70 | as above |
| Voyeurism | Sexual Offences (Northern Ireland) Order 2008 Art. 71 | as above |
| Intercourse with an animal | Sexual Offences (Northern Ireland) Order 2008 Art. 73 | as above |
| Sexual penetration of a corpse | Sexual Offences (Northern Ireland) Order 2008 Art. 74 | as above |
| Sexual activity in a public lavatory | Sexual Offences (Northern Ireland) Order 2008 Art. 75 | as above |
| Class E – Burglary etc. | ||
| Burglary | Theft Act (Northern Ireland) 1969 s. 9 | 1969 c. 16 |
| Going equipped to steal | Theft Act (Northern Ireland) 1969 s. 24 | as 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. 36 | 1861 c. 98 |
| Making false entries in copies of registers sent to register | Forgery Act 1861 s. 37 | as above |
| The following offences are always in Class G | ||
| Counterfeiting notes and coins | Forgery and Counterfeiting Act 1981 s. 14 | 1981 c. 45 |
| Passing counterfeit notes and coins | Forgery and Counterfeiting Act 1981 s. 15 | as above |
| Offences involving custody or control of counterfeit notes and coins | Forgery and Counterfeiting Act 1981 s. 16 | as above |
| Making, custody or control of counterfeiting materials etc. | Forgery and Counterfeiting Act 1981 s. 17 | as above |
| Illegal importation - counterfeit notes or coins | Customs and Excise Management Act 1979 s. 50 | 1979 c. 2 |
| Fraudulent evasion - counterfeit notes or coins | Customs and Excise Management Act 1979 s. 170(2)(b) and (c) | as above |
| Undischarged bankrupt being concerned in a company | Company 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 | ||
| Theft | Theft Act (Northern Ireland) 1969 s. 1 | 1969 c. 16 |
| Removal of articles from places open to the public | Theft Act (Northern Ireland) 1969 s. 11 | as above |
| Abstraction of electricity | Theft Act (Northern Ireland) 1969 s. 13 | as above |
| Obtaining property by deception | Theft Act (Northern Ireland) 1969 s. 15 | as above |
| Obtaining money transfer by deception | Theft Act (Northern Ireland) 1969 s. 15A | as above |
| Obtaining pecuniary advantage by deception | Theft Act (Northern Ireland) 1969 s.16 | as above |
| False accounting | Theft Act (Northern Ireland) 1969 s. 17 | as above |
| Handling stolen goods | Theft Act (Northern Ireland) 1969 s. 21 | as above |
| Obtaining services by deception | Theft (Northern Ireland) Order 1978 Art. 3 | N.I. 23 |
| Evasion of liability by deception | Theft (Northern Ireland) Order 1978 Art. 4 | as above |
| Illegal importation - not elsewhere specified | Customs and Excise Management Act 1979 s. 50 | 1979 c. 2 |
| Counterfeiting Customs documents | Customs and Excise Management Act 1979 s. 168 | as above |
| Fraudulent evasion - not elsewhere specified | Customs and Excise Management Act 1979 s. 170(2)(b) and (c) | as above |
| Forgery | Forgery and Counterfeiting Act 1981 s. 1 | 1981 c. 45 |
| Copying false instrument with intent | Forgery and Counterfeiting Act 1981 s. 2 | as above |
| Using a false instrument | Forgery and Counterfeiting Act 1981 s. 3 | as above |
| Using a copy of a false instrument | Forgery and Counterfeiting Act 1981 s. 4 | as above |
| Custody or control of false instruments etc. | Forgery and Counterfeiting Act 1981 s. 5 | as above |
| Offences in relation to dies or stamps | Stamp Duties Management Act 1891 s. 13 | 1891 c. 38 |
| Counterfeiting of dies or marks | Hallmarking Act 1973 s. 6 | 1973 c. 43 |
| Unauthorised use of trade mark, &c. in relation to goods | Trade Marks Act 1994 s. 92(1)(c) | 1994 c. 26 |
| VAT offences | Value Added Tax Act 1994 s. 72(1)-(8) | 1994 c. 23 |
| Fraudulent evasion of duty | Customs and Excise Management Act 1979 s. 170(1)(b) | 1979 c. 2 |
| Class H – Miscellaneous lesser offences | ||
| Possession of offensive weapon | Public Order (Northern Ireland) Order 1987 Art. 22(1) | N.I. 7 |
| Affray | Common law | |
| Assault with intent to resist arrest | Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 s. 7(1)(b) | 1968 c. 28 |
| Unlawful eviction and harassment of occupier | Rent (Northern Ireland) Order 1978 Art. 54 | N.I. 20 |
| Publishing, exhibiting, selling an indecent or obscene thing | Common law | |
| Buggery of males of 17 or over otherwise than in private | Criminal Justice (Northern Ireland) Order 2003 Art. 20 | N.I. 13 |
| Open and notorious lewdness | Common law | |
| Publicly exposing the naked person | Common law | |
| Offences of publication of obscene matter | Common law | |
| Keeping a disorderly house | Common law | |
| Procurement of intercourse by threats etc. | Criminal Law Amendment Act 1885 s. 3 | 1885 c. 69 |
| Causing or inciting prostitution for gain | Sexual Offences Act 2003 s. 52 | 2003 c. 42 |
| Detention of woman in brothel or other premises | Criminal Law Amendment Act 1885 s. 8 | 1885 c. 69 |
| Procurement of a woman by false pretences | Criminal 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 18 | 1968 c. 29 |
| Misconduct endangering ship or persons on board ship | Merchant Shipping Act 1995 s. 58 | 1995 c. 21 |
| Obstructing engine or carriage on railway | Malicious Damage Act 1861 s. 36 | 1861 c. 97 |
| Offences relating to the safe custody of controlled drugs | Misuse of Drugs Act 1971 s. 11 | 1971 c. 38 |
| Possession of Class B or C drug | Misuse of Drugs Act 1971 s. 5(2) | as above |
| Wanton or furious driving | Offences against the Person Act 1861 s. 35 | 1861 c. 100 |
| Dangerous driving | Road Traffic (Northern Ireland) Order 1995 Art. 10 | N.I. 18 |
| Forgery and misuse of driving documents | Road 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 taking | Road 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 45 | 1994 c. 22 |
| Making off without payment | Theft (Northern Ireland) Order 1978 Art. 5 | N.I. 23 |
| Agreeing to indemnify sureties | Common law | |
| Sending prohibited articles by post | Postal Services Act 2000 s. 85 | 2000 c. 26 |
| Impersonating Customs officer | Customs and Excise Management Act 1979 s. 13 | 1979 c. 2 |
| Obstructing Customs officer | Customs and Excise Management Act 1979 s. 16 | as above |
| Breach of anti-social behaviour order | Anti-social Behaviour (Northern Ireland) Order 2004 Art. 7 | N.I. 12 |
| Breach of sex offender order | Sexual Offences Act 2003 s. 113 | 2003 c. 42 |
| Racially-aggravated harassment/putting another in fear of violence | Protection from Harassment (Northern Ireland) Order 1997 Arts. 3 and 6, as amended by Criminal Justice (No. 2) (Northern Ireland) Order 2004 | |
| Having an article with a blade or point in a public place | Criminal Justice Act 1988 s. 139 | 1988 c. 33 |
| Breach of harassment injunction | Protection from Harassment (Northern Ireland) Order 1997 Art. 5(6) | N.I. 9 |
| Putting people in fear of violence | Protection from Harassment (Northern Ireland) Order 1997 Art. 6(1) | as above |
| Breach of restraining order | Protection from Harassment (Northern Ireland) Order 1997 Art. 7 | as above |
| Being drunk when in aircraft | Air Navigation (No. 2) Order 1995 Art. 57 | 1995 No. 1970 |
| Class I – Offences against public justice and similar offences | ||
| Perverting the course of public justice | Common law | |
| Perjuries (7 offences) | Perjury (Northern Ireland) Order 1979 Arts. 3-12 | N.I. 9 |
| Corrupt transactions with agents | Prevention of Corruption Act 1906 s.1 | 1906 c. 34 |
| Corruption in public office | Public Bodies Corrupt Practices Act 1889 s.1 | 1889 c. 69 |
| Embracery | Common law | |
| Fabrication of evidence with intent to mislead a tribunal | Common law | |
| Personation of jurors | Common law | |
| Concealing an arrestable offence | Criminal Law Act (Northern Ireland) 1967 s. 5 | 1967 c. 18 |
| Assisting offenders | Criminal Law Act (Northern Ireland) 1967 s. 4(1) | as above |
| False evidence before European Court | European Communities Act 1972 s. 11 | 1972 c. 68 |
| Personating for purposes of bail etc. | Forgery Act 1861 s. 34 | 1861 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 investigation | Proceeds of Crime Act 2002 s. 342 | 2002 c. 29 |
| False statement tendered under section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 | Perjury (Northern Ireland) Order 1979 Art. 4 | N.I. 9 |
| Statement tendered under Article 33 of the Magistrates’ Courts (Northern Ireland) Order 1981 | Perjury (Northern Ireland) Order 1979 Art. 4(1)(b) | as above |
| Making false statement to authorised officer | Trade Descriptions Act 1968 s. 29(2) | 1968 c. 29 |
| Conspiring to commit offences outside the United Kingdom | Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 Art. 9A | N.I. 13” |
21. The Legal Aid for Youth Conferences (Costs) Rules (Northern Ireland) 2003(7) are revoked.
Sealed with the Official Seal of the Department of Justice on 23rd March 2011
(L.S.)
David Ford
Minister of Justice
The Department of Finance and Personnel hereby approves the foregoing Rules
Sealed with the Official Seal of the Department of Finance and Personnel on 23rd March 2011
(L.S.)
W.A.N. Arbuthnot
A senior officer of the Department of Finance and Personnel
(This note is not part of the Rules)
These Rules amend the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005, which 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 Rules—
re-set the basis for remunerating solicitors who exercise their right of audience to conduct a case in the Crown Court without counsel (rules 5, 6(a), 7(b) and 8);
revoke the provision made for increased levels of standard fees in exceptional cases (rules 6(b), 9, 10(a), 11 and 12(a));
revoke the separate provision made for special hourly rates of payment in very high cost cases (rules 6(h), 7(a), 15 and 19);
extend the range of standard fees to cover all trials lasting up to 80 days in duration (rule 18(b));
substitute reduced levels of standard fees for guilty pleas, trials and other hearings (rules 18(b), (e) and (l));
introduce new fixed fees for certain skeleton arguments (rule 18(i) and (j));
make a consolidating provision for the payment of standard fees in respect of court-ordered youth conferences (rules 18(j) and 21);
expand the relevant entries in the Table of Offences in respect of Class D offences to reflect the changes made by way of the Sexual Offences (Northern Ireland) Order 2008 (rule 20); and
make other minor and consequential amendments.
S.R. 2005 No. 112, which was amended by S.R. 2009 No. 267
S.I. 1998/1504 (N.I. 9); Article 33A was inserted by section 59 of the Justice (Northern Ireland) Act 2002 (c. 26) and Article 3A was inserted by section 57 of that Act