Statutory Rules of Northern Ireland
LEGAL AID, ADVICE AND ASSISTANCE
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:—
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).
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.
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”.
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)
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:
| 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 |
| 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)
| 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)
| 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)
| 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 | ||||
(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.