The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2019
In accordance with Article 36(3) of that Order, the Department has consulted with the Lord Chief Justice, the Attorney General and the Crown Court Rules Committee and it has obtained the approval of the Department of Finance.
In accordance with Article 37 of that Order, the Department has had regard to the matters specified in that Article.
Citation and Commencement
1.
These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2019 and shall come into operation on 22nd July 2019.
Amendment to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005
2.
3.
“16B.
(1)
This paragraph applies to a Referral Hearing which means a hearing at which the court considers the exercise of its powers under section 9 of the Justice Act (Northern Ireland) 20164.(2)
The time-based fee specified in the Table below as appropriate to the representative (including the category of counsel instructed, as applicable) and to the duration of the hearing shall be payable.
TABLE OF REFERRAL HEARING FEES
Solicitor Fee
Queen’s Counsel Fee
Leading Junior Counsel Fee
Led Junior Counsel Fee
Sole Junior Counsel Fee
Hearing not exceeding 1.5 hours
£113
£100
£94
£63
£82
Hearing exceeding 1.5 hours but not exceeding 3 hours
£188
£200
£150
£100
£130
Hearing exceeding 3 hours
£375
£400
£300
£200
£260”
Sealed with the Official Seal of the Department of Justice on 27th June 2019
The Department of Finance hereby approves the foregoing Rules
Sealed with the Official Seal of the Department of Finance on 28th June 2019
These Rules amend the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 which prescribe the remuneration for solicitors and counsel assigned under Articles 29 or 36(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.
The Rules introduce new provision for the payment of a time-based fee in respect of Referral Hearings in the Crown Court. The particular fee paid will depend on the representative, including the category of counsel instructed, as applicable, and on the duration of the hearing.
Referral Hearings occur when a Court has imposed a financial penalty, the person liable to pay the penalty is in default and that person’s case has been referred back to the Court responsible for enforcing payment. At the Referral Hearing, the Court will consider the exercise of its powers under section 9 of the Justice Act (Northern Ireland) 2016.