The Criminal Defence Services (Remuneration) Order (Northern Ireland) 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the remuneration payable to solicitors and counsel for providing representation under Part 2 of the Access to Justice (Northern Ireland) Order 2003 in respect of criminal appeals in the Court of Appeal and the Supreme Court, and in the case of an appellant who is to be retried before the Crown Court.

The Order deals with the manner in which the remuneration is to be determined and paid. In respect of appeals to the Court of Appeal, in part, the provisions draw on the corresponding provisions contained in section 28 of the Criminal Appeal (Northern Ireland) Act 1980, together with Practice Directions issued by the Master (Taxing Office) in respect of criminal appeals.

The legal aid provisions contained in the 1980 Act are being superseded by criminal defence services as the new legislative framework for the public funding of representation in criminal appeals.

In respect of appeals to the Court of Appeal, initial determinations will be undertaken by the Taxing Master. Provision is made enabling solicitors and counsel to apply to the Taxing Master for a review of the determination in a particular case, and for an appeal to the High Court against the decision of the Master on a review.

In respect of appeals to the Supreme Court, the remuneration payable will be determined by an officer of that Court.

Free legal aid in respect of criminal proceedings for cases up to and including the Crown Court will continue to be funded under Part 3 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

This Order comes into operation on 15th April 2016.