http://www.legislation.gov.uk/nisr/2012/135The Criminal Aid Certificates Rules (Northern Ireland) 2012texttext/xmlenLEGAL AID AND ADVICEStatute Law Database2021-05-28Expert Participation2016-10-31 These Rules make provision regarding the granting of free legal aid under Part III of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 and section 184 of the Extradition Act 2003. 2012 No. 135Made14th March 2012Coming into operation16th April 2012The 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 , and now vested in it .In accordance with Article 36(3) of that Order, the Department has consulted with the Lord Chief Justice, the Attorney General, the Crown Court Rules Committee and the Magistrates' Courts Rules Committee and it has obtained the approval of the Department of Finance and Personnel.11These Rules may be cited as the Criminal Aid Certificates Rules (Northern Ireland) 2012 and shall come into operation on 16th April 2012.2In these Rules—“the 2003 Act” means the Extradition Act 2003 ;“the applicant” means the person applying for free legal aid under Part III of the Order, or section 184 of the 2003 Act, as applicable;“the appropriate judge” has the meaning given by section 185(6) of the 2003 Act;“the assisted person” means the person granted free legal aid under Part III of the Order, or section 184 of the 2003 Act, as applicable;“the certifying authority” has the meaning given by Article 29(2) of the Order;“the Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003 ;“criminal aid certificate” means a certificate granted under Part III of the Order, or section 184 of the 2003 Act, as applicable;“the Department” means the Department of Justice established by the Department of Justice Act (Northern Ireland) 2010 ;“diversionary youth conference” has the meaning given by Article 10A(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 ;“the Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.21Where application is made to a court or the certifying authority for a criminal aid certificate under Part III of the Order, or such a certificate is granted, the clerk of petty sessions or chief clerk acting for that court or authority, as applicable, shall record—athe date of the grant or refusal of the certificate, andba summary of such particulars as are contained in the application or (where a certificate is granted) on the certificate.2Where application is made to the appropriate judge, or a judge of the High Court, for a criminal aid certificate under section 184 of the 2003 Act, or such a certificate is granted, the chief clerk or clerk acting for that judge, as applicable, shall record—athe date of the grant or refusal of the certificate, andba summary of such particulars as are contained in the application or (where a certificate is granted) on the certificate.3Each chief clerk shall keep a record of all cases in which the defence of any person is undertaken at the request of a judge under Article 36(2) of the Order.31When granting a criminal aid certificate under Article 28(1) or 28A of the Order, a magistrates' court shall, after taking into account any representations which the applicant may make, assign a solicitor who is practising in Northern Ireland and is willing to undertake the defence of legally aided persons in criminal cases.2The assisted person shall be entitled to the services of any solicitor assigned under paragraph (1).3Where, in the case of an indictable offence, a magistrates' court has thought fit to direct that the assisted person shall have counsel assigned under Article 28(2) of the Order, any member of the Bar who is practising in Northern Ireland and is willing to appear as counsel for legally aided persons in criminal cases may be instructed, on behalf of the assisted person, by the solicitor assigned under paragraph (1).4Any member of the Bar instructed as provided under paragraph (3) shall, for the purposes of The Magistrates' Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009 , be regarded as having been assigned in pursuance of a criminal aid certificate under Article 28(2) of the Order.5Any criminal aid certificate which may have been granted to a person under Article 28 of the Order shall cease to have effect upon the granting of a criminal aid certificate to that person under Article 28A of the Order in respect of the same charge or subject-matter.41When granting a criminal aid certificate under Article 29(2) of the Order, the certifying authority shall, after taking into account any representations which the applicant may make, assign a solicitor who is practising in Northern Ireland and is willing to undertake the defence of legally aided persons in criminal cases.2The assisted person shall be entitled to the services of any solicitor assigned under paragraph (1).3Any member of the Bar who is practising in Northern Ireland and is willing to appear as counsel for legally aided persons in criminal cases may be instructed, on behalf of the assisted person, by the solicitor assigned under paragraph (1), and, in any case in which the certifying authority has granted a certificate as provided for under paragraph (5)(b), one such member of the Bar and a member of the Bar, being one of Her Majesty's Counsel who is practising in Northern Ireland or a senior counsel practising outside of Northern Ireland, may be so instructed.4Any member of the Bar instructed as provided under paragraph (3) shall, for the purposes of The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 , be regarded as having been assigned in pursuance of a criminal aid certificate under Article 29 of the Order.5A criminal aid certificate granted under Article 29 of the Order—aincludes representation by one counsel; andbmay include representation by two counsel only in the cases specified and in the manner provided for by the following provisions of this rule.6Where the charge is one of murder, or the case appears to present exceptional difficulties, the certifying authority may certify that in its opinion the interests of justice require that the assisted person shall have the services of two counsel.7For the purposes of paragraph (6), the term “exceptional” means that the case for or against the assisted person involves substantial novel or complex issues of law or fact, such that it could not be adequately presented by one counsel.8Every application for a criminal aid certificate in respect of two counsel shall be made in writing, in such form as the Department may direct, specifying:athe terms of the certificate sought and the grounds of the application; and, where the charge is other than murder,bwhich of the conditions in paragraph (7) is relied upon in support of the certificate sought, and on what grounds it is contended that each such condition is fulfilled.9The certifying authority may, before granting a criminal aid certificate in respect of two counsel, require written advice from any counsel already assigned to the applicant on the question of what representation is needed in the proceedings.10The certifying authority making a decision whether to grant a certificate in respect of two counsel shall record the reason for the decision in writing, in such form as the Department may direct, stating whether each of the conditions relied upon in support of the certificate granted or sought is fulfilled.11Without prejudice to paragraphs (6) and (7), where a judge of the court before which the assisted person is to be tried is of the opinion that in the interests of justice a criminal aid certificate in respect of two counsel must be granted in order to protect the assisted person's rights under the Human Rights Act 1998 , the judge shall grant such a certificate.51When granting a criminal aid certificate under Article 30(3) or (4) of the Order, a magistrates' court or county court, as applicable, shall, after taking into account any representations which the applicant may make, assign a solicitor who is practising in Northern Ireland and is willing to undertake the defence of legally aided persons in criminal cases.2The assisted person shall be entitled to the services of any solicitor assigned under paragraph (1).3Except where the court directs under Article 30(8) of the Order that only a solicitor shall be assigned, any member of the Bar who is practising in Northern Ireland and is willing to appear as counsel for legally aided persons in criminal cases may be instructed, on behalf of the assisted person, by the solicitor assigned under paragraph (1).4Any member of the Bar instructed as provided under paragraph (3) shall, for the purposes of The Magistrates' Courts and County Courts Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009 , be regarded as having been assigned in pursuance of a criminal aid certificate under Article 30 of the Order.61When granting a criminal aid certificate under section 184 of the 2003 Act, the appropriate judge or judge of the High Court, as applicable, shall, after taking into account any representations which the applicant may make, assign a solicitor who is practising in Northern Ireland and is willing to undertake the defence of legally aided persons in extradition proceedings.2The assisted person shall be entitled to the services of any solicitor assigned under paragraph (1).3Except where the judge directs under section 184(10) of the 2003 Act that only a solicitor shall be assigned, any member of the Bar who is practising in Northern Ireland and is willing to appear as counsel for legally aided persons in extradition proceedings may be instructed, on behalf of the assisted person, by the solicitor assigned under paragraph (1).4Any member of the Bar instructed as provided under paragraph (3) shall, for the purposes of The Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992 , be regarded as having been assigned in pursuance of a criminal aid certificate under Part III of the Order.71A criminal aid certificate granted as mentioned in the first column of the following Table shall be in the form indicated in the second column, being a form set out in the Schedule.

Certificate	Form
Granted under Article 28 of the Order – full certificate	Form A
Granted under Article 28 of the Order – limited certificate	Form B
Granted under Article 28A of the Order	Form C
Granted under Article 29(2) of the Order by a magistrates' court where the charge is one of murder	Form D
Granted under Article 29(2) of the Order by a magistrates' court where the charge is other than murder	Form E
Granted under Article 29(2) of the Order by a Crown Court judge where the charge is one of murder	Form F
Granted under Article 29(2) of the Order by a Crown Court judge where the charge is other than murder	Form G
Granted under Article 30(3) of the Order by a magistrates' court	Form H
Granted under Article 30(4) of the Order by a county court	Form I
Granted under section 184 of the 2003 Act	Form J

2Where a criminal aid certificate is granted—athe clerk of petty sessions or (as the case may be) the chief clerk shall send a copy of it to—ithe Commission, andiithe solicitor assigned under rule 3, 4, 5 or 6, as applicable; andbin the case of a certificate granted by a magistrates' court under Article 29(2) or 30(3) of the Order, the clerk of petty sessions shall send a copy of it to the chief clerk.81The following rules are hereby revoked, namely—athe Legal Aid Certificates Rules (Northern Ireland) 1966 ;bthe Legal Aid (Defence Certificates) Rules (Northern Ireland) 1966 ;cthe Legal Aid (Appeal Aid Certificates) Rules (Northern Ireland) 1966 ;dthe Legal Aid Certificates (Amendment) Rules (Northern Ireland) 2003 .2Without prejudice to sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 , any certificate granted, copy sent, or assigning or other thing done under those Rules shall not be invalidated by paragraph (1) but shall, insofar as it could have been granted, sent or done under a provision of these Rules, have effect as if granted, sent or done under that provision.Sealed with the Official Seal of the Department of Justice on 14th March 2012(L.S.)David Ford Minister of JusticeThe Department of Finance and Personnel hereby approves the foregoing RulesSealed with the Official Seal of the Department of Finance and Personnel on 15th March 2012(L.S.)John McKibbin A senior officer of theDepartment of Finance and PersonnelSCHEDULE