The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) (Amendment) Rules (Northern Ireland) 2014

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009, which prescribe the remuneration for solicitors and counsel assigned under Articles 28, 28A or 30 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

The Rules—

• revoke the separate provision made for the payment of Guilty Plea 2 Fees (rules 5, 6(c) and 19(h));

• revoke the separate provision made for special hourly rates of payment in Very High Cost Cases (rules 6(e), 14 and 20);

• make provision for the fees payable in respect of compassionate bail hearings under section 91 of the Justice Act (Northern Ireland) 2011 (rule 19(e), (f) and (h));

• make provision for the payment of an additional fee in respect of preparation work in magistrates’ courts cases which are listed for, but do not proceed as, a contest (rule 19(g) and (h));

• make provision for the payment of an additional fee in respect of preparation work in committal cases where the number of pages of prosecution evidence exceeds 750 pages (rule 19(g) and (h));

• introduce new provisions for the payment of additional fees in respect of arrest warrants, applications for witness anonymity orders, severance orders and third party disclosure, and cases involving the dismissal or withdrawal of the representative (rule 19(j) to (m));

• introduce a new provision for the payment of a fee in respect of a sentencing hearing, where there is a change of representative following the conviction of the assisted person (rule 19(n));

• introduce new provisions for the payment of a fixed fee in respect of Fine Default Hearings and for additional fees in respect of Newton hearings (rule 19(o));

• make other minor and consequential amendments.