The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009

Prospective

PART 2 N.I. Standard Fees

Magistrates’ court – adult N.I.

4.  Subject to paragraph 5, the standard fee for a representative representing one assisted person in the magistrates’ court shall be the amount set out in the Table following paragraph 9 as appropriate to the representative, the offence with which the assisted person was charged and the nature of the disposal of the case.

Commencement Information

I1 Sch. 1 para. 4 in operation at 30.9.2009, see rule 1

Magistrates’ court – child N.I.

5.—(1) This paragraph applies where the assisted person was a child charged with an indictable only offence, whose case was dealt with in the magistrates’ court as provided for under Article 17 of the 1998 Order.

(2) The standard fee for a representative representing that assisted person in the magistrates’ court shall be the amount set out in the Table following paragraph 9 as appropriate to the representative and the nature of the disposal of the case.

Commencement Information

I2 Sch. 1 para. 5 in operation at 30.9.2009, see rule 1

Bail applications N.I.

6.—(1) This paragraph applies—

(a) where the assisted person was making an application for bail in the magistrates’ court on a first occasion or, where there has been a change in circumstances, a further substantive application for bail while the defendant is in custody;

(b) where there was an application in the magistrates’ court arising from a breach of bail which had previously been granted to the assisted person;

(c) where there was an application by the assisted person for bail, or to vary the conditions of bail, under Article 132A of the Magistrates’ Courts (Northern Ireland) Order 1981(1); or

(d) where there was an application by the prosecution for reconsideration of the decision to grant bail under Article 133A of the Magistrates’ Courts (Northern Ireland) Order 1981.

(2) The standard fee for a representative representing the assisted person shall be the amount set out in the Table following paragraph 9 as appropriate to the representative.

(3) Any fee payable to a representative under this paragraph shall be paid together with the fee payable under paragraph 4 or 5, as applicable.

Commencement Information

I3 Sch. 1 para. 6 in operation at 30.9.2009, see rule 1

County court appeals N.I.

7.—(1) Subject to sub-paragraph (2), the standard fee for a representative representing one assisted person in a county court appeal shall be the amount set out in the Table following paragraph 9 as appropriate to the representative and the nature of the disposal of the appeal.

(2) Where an appeal was withdrawn, the standard fee payable shall be the amount set out in the Table following paragraph 9.

Commencement Information

I4 Sch. 1 para. 7 in operation at 30.9.2009, see rule 1

Additional fees N.I.

8.—(1) This paragraph applies to a case which was heard in the magistrates’ court by way of a contest or committal proceedings, or in the county court by way of an appeal against conviction and sentence.

(2) Subject to sub-paragraph (3), where the duration of the contest, the committal proceedings or the appeal exceeded one day, the additional fee set out in the Table following paragraph 9 shall be payable for the second and each subsequent day.

(3) An additional fee shall not be payable under sub-paragraph (2) in respect of any day when the case was listed for hearing (or further hearing) but it did not proceed on that day, or any resumed hearing where the case was adjourned for sentence following conviction.

Commencement Information

I5 Sch. 1 para. 8 in operation at 30.9.2009, see rule 1

Youth conference cases N.I.

9.—(1) This paragraph applies where the assisted person was a child who was the subject of:

(a) a diversionary youth conference and in respect of whom a criminal aid certificate was granted under Article 28A of the 1981 Order; or

(b) a court-ordered youth conference and in respect of whom a criminal aid certificate was granted under Article 28 or 30 of the 1981 Order.

(2) Subject to sub-paragraphs (3) to (5), the standard fee for a representative representing that assisted person shall be the amount set out in the Table following this paragraph as appropriate to the representative and the nature and 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.

(5) Any fees payable to a representative under this paragraph in relation to attendance at a court-ordered youth conference shall be paid together with those fees which are payable under this Part in respect of the court proceedings for the offence in question.

Table 1 – Standard Fees

(1)	Paragraph providing for fee (2)	Solicitor’s Fee (3)	Counsel’s Fee (4)
Cases heard in the magistrates’ court
Category of offence and nature of disposal of the case
Summary offence
— Guilty Plea 1 Fee	4	£260	N / A
— Guilty Plea 2 Fee		£350	N / A
— Contest Fee		£470	N / A
Hybrid or I/TS offence
— Guilty Plea 1 Fee	4	£275	£275
— Guilty Plea 2 Fee		£440	£415
— Contest Fee		£590	£550
Indictable only offence
— Guilty Plea 1 Fee	4	£300	£300
— Guilty Plea 2 Fee		£450	£450
— Contest Fee		£600	£600
Hybrid, I/TS or indictable only offence
— Committal Fee	4	£820	£800
Child charged with indictable only offence
— Guilty Plea 1 Fee	5	£820	£800
— Guilty Plea 2 Fee		£820	£800
— Contest Fee		£1,000	£1,000
Bail application Fee	6	£75	£120
Additional Fee	8	£200 per day	£200 per day
Cases appealed to the county court
Nature of disposal of the appeal
Appeal against Sentence Fee	7(1)	£265	£115
Appeal against Conviction Fee	7(1)	£355	£350
Withdrawn appeal	7(2)	£145	£50
Additional Fee	8	£200 per day	£200 per day
Diversionary youth conferences (Preparation and Attendance)	9(1)(a)
Lower standard fee
— Conferences lasting up to and including one hour		£112	£84
Principal standard fee
— Conferences lasting more than one hour but not exceeding two hours		£180	£135
Court-ordered youth conferences (Attendance only)	9(1)(b)
Lower standard fee
— Conferences lasting up to and including one hour		£70	£70
Principal standard fee
— Conferences lasting more than one hour but not exceeding two hours		£112.50	£112.50

Commencement Information

I6 Sch. 1 para. 9 in operation at 30.9.2009, see rule 1

(1)

S.I. 1981/1675 (N.I. 26)