1. These Rules may be cited as the Magistrates’ Courts (Costs in Criminal Cases) (Amendment) Rules (Northern Ireland) 2012 and shall come into operation on 1st January 2013.
2. The Magistrates’ Courts (Costs in Criminal Cases) Rules (Northern Ireland) 1988(1) shall be amended as follows.
3. In rule 4—
(a)for “Secretary of State”, substitute “Director of Public Prosecutions”;
(b)for the words from “the amount” to “Schedule 1”, substitute—
“the court may order the payment of—
(a)such amount as it thinks just, in respect of the remuneration and outlay (other than outlay incurred in connection with witnesses recoverable under rule 5 and the Schedule) of the solicitor for the prosecution or, as the case may be, the defence in taking instructions, preparing the case, attending in court and, where counsel is not instructed, conducting the proceedings at the hearing and in respect of all other reasonable charges incidental to the proceedings;
(b)where it is reasonable to instruct counsel, such amount as it thinks just in respect of counsel’s fees; or
(c)such amount for costs and outlay incurred by a party appearing in person as it thinks just”.
4. In rule 5, for “Schedule 2”, substitute “the Schedule”.
5. Omit Schedule 1.
6. For Schedule 2, substitute the Schedule set out in the Schedule to these Rules.
William A McNally
Peter Luney
Robin Steer
John Rea
Dated 3rd December 2012