The Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 1996

Link to law: http://www.legislation.gov.uk/nisr/1996/222/made/data.htm?wrap=true
Published: 1996-06-03

Statutory Rules of Northern Ireland
1996 No. 222

LEGAL AID, ADVICE AND ASSISTANCE
The Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 1996

Made
3rd June 1996

To be laid before Parliament

Coming into operation
29th June 1996

The Lord Chancellor, 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 him(2), and of all other powers enabling him in that behalf, after consultation with the Lord Chief Justice and the Attorney General and with the approval of the Treasury and having had regard to the principle of allowing fair remuneration according to the work reasonably undertaken and properly done, hereby makes the following Rules:—

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 1996 and shall come into operation on 29th June 1996.

(2) In these Rules, “the principal Rules” means the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992(3).

Transitional provisions

2.  Rules 4 and 5 shall apply for the purposes of work done on or after 30th June 1996 to which the principal Rules apply.

Alteration of date

3.  In rules 6(3) and 9(5)(a) of the principal Rules for the date “30th June 1996” there shall be substituted “30th June 1997”.

Amendment to the principal Rules

4.  Schedule 1 to the principal Rules shall be amended as follows—

(a)for paragraph 1 of Part I, there shall be substituted the paragraph set out in Schedule 1;

(b)for the table set out in paragraph 4(3) of Part II, there shall be substituted the table set out in Schedule 2.

5.  Schedule 2 to the principal Rules shall be amended as follows—

(a)for the table set out in paragraph 8 of Part I of Schedule 2, there shall be substituted the table set out in Schedule 3;

(b)for Table 1 set out in Part II of Schedule 2, there shall be substituted the table set out in Schedule 4.

Mackay of Clashfern, C.
Dated 3rd June 1996

We approve

Bowen Wells
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 4th June 1996

Rule 4(a)
SCHEDULE 1

1.  Subject to paragraphs 2 and 3, the appropriate authority shall allow fees for work allowed by it under rule 6 at the following basic rates:

(a) Magistrates' court proceedings

Class of work
Rate

Preparation
£44·75 per hour

Advocacy
£56·50 per hour

Attendance at court where counsel assigned
£30·50 per hour

Travelling and waiting
£24·75 per hour

Routine letters written and routine telephone calls
£3·45 per item

(b) Crown Court proceedings, High Court bail applications and appeals to the county court

Class of work
Grade of fee-earner
Rate

Preparation
Senior solicitor
£53·00 per hour

Solicitor or fee-earner of equivalent experience
£45·00 per hour

An apprentice or a pupil to a solicitor or fee-earner of equivalent experience
£29·75 per hour

Advocacy
Senior Solicitor
£64·50 per hour

Solicitor
£56·00 per hour

Attendance at court where counsel assigned
Senior solicitor
£42·25 per hour

Solicitor or fee-earner of equivalent experience
£34·00 per hour

An apprentice or a pupil to a solicitor or fee- earner of equivalent experience
£20·50 per hour

Travelling and waiting
Senior solicitor
£24·75 per hour

Solicitor or fee-earner of equivalent experience
£24·75 per hour

An apprentice or a pupil to a solicitor or fee- earner of equivalent experience
£12·50 per hour

Routine letters written and routine telephone calls

£3·45 per item

Rule 4(b)
SCHEDULE 2

TABLE

Preparation

Type of Proceedings
Lower standard fee
Lower fee limit
Principal standard fee
Upper fee limit

Crown Court trials (including any case prepared for trial which was otherwise disposed of)
£129·50
£179·00
£249·50
£312·00

Guilty pleas
£81·50
£110·00
£175·00
£226·00

Appeals to the county court against conviction
£51·00
£68·00
£153·00
£233·00

Appeals to the county court against sentence
£36·25
£52·00
£93·00
£131·00

Proceedings of the type described in paragraph 1(2)(d)
£42·50
£51·00
£97·75
£141·00

Class of Work
Grade of fee-earner
Rate

ADVOCACY
Senior solicitor
£64·50 per hour

Solicitor
£56·00 per hour

ATTENDANCE AT COURT WHERE COUNSEL ASSIGNED
Senior solicitor
£42·25 per hour

Senior solicitor Solicitor or fee-earner of equal experience
£42·25 per hour £34·00 per hour

An apprentice or a pupil to a solicitor or fee- earner of equivalent experience
£20·50 per hour

TRAVELLING AND WAITING
Senior solicitor
£24·75 per hour

Solicitor or fee-earner of equivalent experience
£24·75 per hour

An apprentice or a pupil to a solicitor or fee- earner of equivalent experience
£12·50 per hour

Rule 5(a)

SCHEDULE 3TABLE

Type of Proceedings
Standard basic fee

Trials (including any case prepared for trial which is otherwise disposed of)
£240·00

Guilty pleas
£205·00

Appeals to the county court against conviction
£117·00

Appeals to the county court against sentence
£84·00

Proceedings of the type described in paragraph (d)
£73·50

Standard appearance fee
£46·50

Standard refresher fee

(1) Half day

£86·00

(2) Full day

£166·00

(3) More than a full day

£251·00

Standard written work fee
£30·00

Rule 5(b)
SCHEDULE 4

TABLE 1: JUNIOR COUNSEL

Court
Type of proceedings
Basic Fee
Full day refresher fee
Subsidiary Fees

Attendance at consultations, conferences and views
Written work
Attendance at applications and other appearances

Magistrates' Court
All cases
Maximum amount: £468·00
Maximum amount: £162·00
£29·25 per hour Minimum amount: amount: £14·50
Maximum amount: £51·25
Maximum amount: £94·00

County Court
Appeals against conviction
Maximum amount: £210·00

Appeals against sentence
Maximum amount:£107·50
Maximum amount: £178·75
£33·50 per hour Minimum amount: £16·75
Maximum amount: £58.25
Maximum amount: £99·50

Crown Court
Trials
Maximum amount: £545·50

Cases prepared for trial which are otherwise disposed of
Maximum amount: £317·75
Maximum amount: £236·50
£33·50 per hour Minimum amount: £16·75
Maximum amount: £58·25
Maximum amount: £99·50

Guilty Pleas
Maximum amount: £260·00

Proceedings of the type described in paragraph 7(d)
Maximum amount: £107·50

High Court
Bail applications
Maximum amount: £71·00

Explanatory Note

(This note is not part of the Rules.)
These Rules amend the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992 by increasing the rates of remuneration for certain legal aid work in criminal proceedings done on or after 30th June 1996. The Rules also alter the date after which certain work may be remunerated at discretionary instead of prescribed rates from 30th June 1996 to 30th June 1997.


(1)
S.I. 1981/228 (N.I. 8)

(2)
S.I. 1982/159

(3)
S.R. 1992 No. 314; as amended by S.R. 1995 No. 243
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