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The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

Type Ni-Statutory-Rule

Publication 2005-03-09

Last updated 2026-01-07

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 9th March 2005

To be laid before Parliament

Coming into operation: 4th April 2005

The Lord Chancellor, in exercise of the powers conferred by Article 36(3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[^f00001], and now vested in him[^f00002], and of all other powers enabling him in that behalf, after consultation with the Lord Chief Justice, the Attorney General and the Crown Court Rules Committee and with the approval of the Treasury, and having had regard to the matters specified in Article 37, hereby makes the following Rules:

Citation and commencement

1

These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 and shall come into operation on 4th April 2005.

Interpretation

2

In these Rules, unless the context otherwise requires –

“Application Fee” has the meaning given by paragraphs 12(2), 13(3), 14(2) and 16 of Schedule 1;

“Basic Trial Fee” has the meaning given by paragraph 3 of Schedule 1;

“case” means proceedings—in the Crown Court against one assisted person-on one or more counts of a single indictment; orarising out of a single alleged breach of an order of the Crown Court,and a case falling within sub-paragraph (ii) shall be treated as a separate case from the proceedings in which the order was made; orwhere the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;as the case may be.

“Certificate of Exceptionality” has the meaning given by rules 11A to 11E;

“Class of Offence” has the meaning given by paragraphs 4 and 5 of Schedule 1;

“costs” means, in the case of a solicitor, the fees and disbursements payable under Article 36 of the Order and, in the case of an counsel, the fees payable under that Article;

“counsel” means counsel assigned under a criminal aid certificate granted under Article 29 of the Order, or counsel who undertook the defence of a person at the request of the judge under Article 36(2) of the Order , or counsel assigned under Article 28 of the Order for a case where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“court-ordered youth conference” has the meaning given by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“the Department” means the Department of Justice established by the Department of Justice Act (Northern Ireland) 2010;

“disbursements” means travelling and witness expenses and other out of pocket expenses incurred by a solicitor in giving legal aid;

“fee-earner” means a solicitor or any clerk who regularly does work for which it is appropriate to make a direct charge to the client;

“Guilty Plea Fee” has the meaning given by paragraph 3 of Schedule 1;

“Trial Preparation Fee” has the meaning given by paragraph 3 of Schedule 1;

“legal aid” means legal aid given under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order , or granted under Article 28 of the Order for a case where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“main hearing” means— in relation to a case which goes to trial, the trial,in relation to a case where a Trial Preparation Fee is payable ..., the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing, andin relation to any proceedings specified in paragraph 2 of Schedule 1, the final hearing

“meeting” has the meaning given by Article 3A(1) and (2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“Newton hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;

“the Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[^f00005];

“PPE Range” means the number of pages of prosecution evidence, and for this purpose the number of pages of prosecution evidence includes all–witness statements,documentary and pictorial exhibits,records of interviews with the assisted person, andrecords of interviews with other defendants, served on the court;

“Queen’s Counsel” includes senior counsel practising outside of Northern Ireland;

“Refresher Fee” in respect of a solicitor has the meaning given by rule 8(3), and in respect of an counsel has the meaning given by rule 11(3);

“representative” means a solicitor or an counsel;

“the 1992 Rules” means the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992[^f00006];

“solicitor” means a solicitor assigned under a criminal aid certificate granted under Article 29 of the Order, or a solicitor who undertook the defence of a person at the request of the judge under Article 36(2) of the Order or a solicitor assigned under Article 28 of the Order for a case where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“Table of Offences” has the meaning given by paragraphs 4 and 5 of Schedule 1;

“taxing master” means the Master (Taxing Office);

“trial” includes contest proceedings where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) 1998;

“youth conference” has the meaning given by Article 3A(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“youth conference co-ordinator” has the meaning given by Article 3A(3) of the Criminal Justice (Children) (Northern Ireland) Order 1998.

Application and transitional arrangements

3

(1) Subject to paragraphs (2) and (4), these Rules shall apply for the determination of costs which are payable in respect of work done under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order on or after 4th April 2005.

(2) A representative whose fees under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order before 4th April 2005 would otherwise be determined in accordance with the 1992 Rules may apply to the Department to have his fees determined and paid in accordance with these Rules.

(3) Where the Department grants an application made under paragraph (2), the representative shall submit his claim in accordance with rule 7 or rule 10 as applicable and, in so doing, he shall forfeit any entitlement to have his fees determined and paid in accordance with the 1992 Rules.

(4) These Rules shall apply for the determination of costs which are payable in respect of work done under a criminal aid certificate granted under Article 28 of the Order on or after 1st December 2024, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998.

General

4

(1) ... Costs in respect of work done under a criminal aid certificate to which these Rules apply shall be determined by the Department in accordance with these Rules and having regard to such directions and guidance as may be issued by the Lord Chancellor.

(2) In determining costs, the Department shall, subject to and in accordance with these Rules –

(a) take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved; and

(b) allow a reasonable amount in respect of all work reasonably undertaken and properly done.

(3) Nothing in these Rules permits the payment of a leading junior counsel fee to counsel or a solicitor of less than fifteen years’ standing.

Interim payment of disbursements

5

(1) A solicitor may submit a claim to the Department for payment of a disbursement for which he has incurred liability in criminal proceedings in ... Court in accordance with the provisions of this rule.

(2) A claim for payment may be made where –

(a) the disbursement falls within any guidance issued by the Department in respect of criminal proceedings in ... Court, or the solicitor has obtained prior authority from the Department to incur the expenditure; and

(b) the total liability for such disbursement exceeds £250.

(3) Without prejudice to rule 9(4), a claim under paragraph (1) shall not exceed £3,500 or the maximum fee authorised under the prior authority, whichever is the greater.

(4) A claim for payment under paragraph (1) may be made at any time before the solicitor submits a claim for costs under rule 7(2).

(5) A claim under paragraph (1) shall be submitted to the Department in such form and manner as it may direct and shall be accompanied by the authority to incur the expenditure (if applicable) and any invoices or other documents in support of the claim.

(6) The Department shall allow the disbursement, subject to the limit in paragraph (3), if it appears to have been reasonably incurred and discharged in accordance with the guidance or prior authority.

(7) Where the Department allows the disbursement, it shall notify the solicitor and authorise payment to him accordingly.

(8) Rules 13 to 15 (redetermination etc.) shall not apply to a payment under this rule.

(9) In this rule, “Court” means—

(a) the Crown Court; or

(b) the magistrates’ court, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

as the case may be.

Interim disbursements and final determination of costs

6

(1) On a final determination of costs, rules 7(2) and (3)(e) and 9 shall apply notwithstanding that a payment has been made under rule 5.

(2) Where the amount found to be due under rule 9 in respect of a disbursement is less than the amount paid under rule 5 (“the interim disbursement”), the Department shall deduct the difference from the sum otherwise payable to the solicitor on the determination of costs, and where the amount due under rule 9 exceeds the interim disbursement, the Department shall add the difference to the amount otherwise payable to the solicitor.

Claims for costs by solicitors

7

(1) Subject to rule 19, no claim by a solicitor for costs in respect of work done under a criminal aid certificate shall be entertained unless he submits it within three months of the conclusion of the proceedings to which the criminal aid certificate relates ....

(2) Subject to paragraph (3), a claim for costs shall be submitted to the Department in such form and manner as it may direct and shall be accompanied by any receipts or other documents in support of any disbursement claimed.

(3) A claim shall –

(a) summarise, where appropriate, the items of work done by a fee-earner in respect of which fees are claimed according to the classes of fee specified in rule 8(3);

(b) state the dates on which the items of work were done, the time taken where appropriate, the sums claimed and whether the work was done for more than one assisted person;

(d) give particulars of any work done in relation to more than one indictment or a retrial; and

(e) specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where there are any special circumstances which should be drawn to the attention of the Department, the solicitor shall specify them.

(6) The solicitor shall supply such further particulars, information and documents as the Department may require.

Determination of solicitors' fees

8

(1) The Department shall consider the claim, any further particulars, information or documents submitted by the solicitor under rule 7 and any other relevant information and shall allow such work as appears to it to have been reasonably undertaken and properly done.

(2) Subject to the provisions of this rule, the Department shall allow fees for work allowed by it under this rule in accordance with Schedule 1.

(3) The Department may, except in relation to work for which a Guilty Plea Fee is payable or a fixed fee is allowed under paragraph (15), allow any of the following classes of fee to the solicitor in respect of work allowed by it under this rule –

(a) a Basic Trial Fee or Trial Preparation Fee, as applicable ..., for preparation and, where appropriate, the first day’s hearing including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(b) a Refresher Fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(c) subsidiary fees for attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by sub-paragraph (a) or (b).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14A) Costs in respect of work done in a case which proceeded to trial and that trial lasted more than 80 days shall be assessed by the Department in accordance with paragraph (14B), and on an exceptional basis may be submitted to the Department for approval.

(14B) When assessing the costs payable under paragraph (14A), the Department shall have regard to–

(a) the Basic Trial Fee and the Refresher Fee payable for trials lasting between 17 and 80 days; and

(b) any Additional Fees which would otherwise be payable under Part 4 of Schedule 1.

(15) In any proceedings specified in paragraph 2 of Schedule 1, the Department shall allow a fixed fee calculated in accordance with paragraphs 19, 20(2) and 21(2) and (3), together with any travelling allowance payable under paragraph 29(1), of that Schedule.

Determination of solicitors' disbursements

9

(1) Subject to the provisions of this rule, the Department shall allow such disbursements claimed under rule 7 as appear to it to have been actually and reasonably incurred.

(2) No question as to the propriety of any step or act in relation to which prior authority has been obtained under these Rules shall be raised on any determination of costs, unless the solicitor knew or ought reasonably to have known that the purpose for which the authority was given had failed or had become irrelevant or unnecessary before the costs were incurred.

(3) Where costs are reasonably incurred in accordance with and subject to the limit imposed by a prior authority given under these Rules, no question shall be raised on any determination of costs as to the amount of the payment to be allowed for the step or act in relation to which the authority was given.

(4) Where costs are incurred in taking any steps or doing any act for which authority may be given under these Rules, without such authority having been given or in excess of any fee so authorised, payment in respect of those costs may nevertheless be allowed on a determination of costs.

Claims for fees by advocates

10

(1) Subject to rule 19, no claim by an counsel for fees for work done under a criminal aid certificate shall be entertained unless he submits it within three months of the conclusion of the proceedings to which the criminal aid certificate relates ....

(2) Subject to paragraph (3), a claim for fees shall be submitted to the Department in such form and manner as it may direct.

(3) A claim shall –

(a) summarise, where appropriate, the items of work in respect of which fees are claimed according to the classes of fee specified in rule 11(3);

(b) state the dates on which the items of work were done, the time taken where appropriate, the sums claimed and whether the work was done for more than one assisted person; and

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where there are any special circumstances which should be drawn to the attention of the Department, the counsel shall specify them.

(6) The counsel shall supply such further particulars, information and documents as the Department may require.

Determination of advocates' fees

11

(1) The Department shall consider the claim, any further particulars, information or documents submitted by the counsel under rule 10 and any other relevant information and shall allow such work as appears to it to have been reasonably undertaken and properly done.

(2) Subject to the provisions of this rule, the Department shall allow fees for work allowed by it under this rule in accordance with Schedule 1.

(3) The Department may, except in relation to work for which a Guilty Plea Fee is payable or a fixed fee is allowed under paragraph (9), allow any of the following classes of fee to the counsel in respect of work allowed by it under this rule –

(a) a Basic Trial Fee or Trial Preparation Fee, as applicable, for preparation and, where appropriate, the first day’s hearing including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(b) a Refresher Fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short consultations, applications and appearances (including bail applications), views and any other preparation;

(i) attendance at consultations and views not covered by sub-paragraph (a) or (b);

(ii) attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by sub-paragraph (a) or (b).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8A) Costs in respect of work done in a case which proceeded to trial and that trial lasted more than 80 days shall be assessed by the Department in accordance with paragraph (8B), and on an exceptional basis may be submitted to the Department for approval.

(8B) When assessing the costs payable under paragraph (8A), the Department shall have regard to–

(a) the Basic Trial Fee and the Refresher Fee payable for trials lasting between 73 and 80 days; and

(b) any Additional Fees which would otherwise be payable under Part 4 of Schedule 1.

(9) In any proceedings specified in paragraph 2 of Schedule 1, the Department shall allow a fixed fee calculated in accordance with paragraphs 19, 20(2) and 21(2) and (3), together with any travelling allowance payable under paragraph 30(1), of that Schedule.

Payment of costs

12

(1) Having determined the costs payable to a representative in accordance with these Rules, the Department shall notify the representative of the costs payable and authorise payment accordingly.

(2) Where the costs payable under paragraph (1) are varied as a result of any review, redetermination or appeal made or brought pursuant to these Rules, then –

(a) where the costs are increased, the Department shall authorise payment of the increase;

(b) where the costs are decreased, the representative shall repay the amount of such decrease; and

(c) where the payment of any costs to the representative is ordered under rule 14(14) or 15(8), the Department shall authorise such payment.

Redetermination of costs by Commission

13

(1) Where a representative is dissatisfied with –

(a) the classification, under paragraph 5 of Schedule 1, of an offence not specifically listed in the Table of Offences set out in Schedule 3 but deemed to fall within Class H;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

he may apply to the Department to reclassify the offence... or to redetermine those costs as the case may be.

(2) Subject to rule 19, the application shall be made within 21 days of receiving notification of the decision or the costs payable under rule 12, as the case may be, by giving notice in writing to the Department specifying the matters in respect of which the application is made and the grounds of objection and shall be made in such form and manner as the Department may direct.

(3) The notice of application shall be accompanied by the particulars, information and documents supplied under rule 7 or 10, as appropriate.

(4) The notice of application shall state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the Department shall notify the applicant of the time at which it is prepared to hear him or his representative.

(5) The applicant shall supply such further particulars, information and documents as the Department may require.

(6) The Department shall –

(a) review the classification referred to in paragraph (1)(a) ... and confirm or vary it; or

(b) redetermine the costs, whether by way of confirmation, or increase or decrease in the amount previously determined,

in the light of the objections made by the applicant or on his behalf and shall notify the applicant of its decision.

(7) The applicant may request the Department to give reasons in writing for its decision and the Department shall comply with any such request.

(8) Subject to rule 19, any request under paragraph (7) shall be made within 21 days of receiving notification of the decision.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals to the taxing master

14

(1) Where the Department has given its reasons for its decision under rule 13, a representative who is dissatisfied with that decision may appeal to the taxing master.

(2) Subject to rule 19, an appeal shall be instituted within 21 days of receiving the Commission’s reasons, by giving notice in writing to the taxing master.

(3) The appellant shall send a copy of any notice given under paragraph (2) to the Department.

(4) The notice of appeal shall be accompanied by –

(a) a copy of the written representations given under rule 13(2);

(b) the Commission’s reasons for its decision given under rule 13(7); and

(5) The notice of appeal shall –

(a) be in such form as the taxing master may direct;

(b) specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined and the grounds of the objection to the determination; and

(c) state whether the appellant wishes to appear or to be represented or whether he will accept a decision given in his absence.

(6) The taxing master may, and if so directed by the Lord Chancellor either generally or in a particular case shall, send to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor may require.

(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written or oral representations to be made on his behalf and, if he intends to do so, he shall inform the taxing master and the appellant.

(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) shall be sent to the taxing master and the appellant and, in the case of oral representations, the taxing master and the appellant shall be informed of the grounds on which such representations will be made.

(9) The appellant shall be permitted a reasonable opportunity to make representations in reply.

(10) The taxing master shall inform the appellant (or his representative) and the Lord Chancellor, where representations have been or are to be made on his behalf, of the date of any hearing and, subject to the provisions of this rule, may give directions as to the conduct of the appeal.

(11) The taxing master may consult the trial judge or the Department and may require the appellant to provide any further information which he requires for the purpose of the appeal and, unless the taxing master otherwise directs, no further evidence shall be received on the hearing of the appeal and no ground of objection shall be valid which was not raised under rule 13.

(12) The taxing master shall have the same powers as the Department under these Rules and, in the exercise of such powers, may alter the redetermination of the Department in respect of any sum allowed, whether by increase or decrease as he thinks fit.

(13) The taxing master shall communicate his decision and the reasons for it in writing to the appellant, the Lord Chancellor and the Department.

(14) Except where he confirms or decreases the sums redetermined under rule 13 or confirms a decision to allow fixed fees, the taxing master may allow the appellant a sum in respect of part or all of any reasonable costs (including any fee payable in respect of an appeal) incurred by him in connection with the appeal.

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals to the High Court

15

(1) A representative who is dissatisfied with the decision of the taxing master on an appeal under rule 14 may apply to the taxing master to certify a point of principle of general importance; provided that, if the taxing master refuses such application, the representative may renew the application before a judge of the High Court.

(2) Subject to rule 19, an application under paragraph (1) shall be made within 21 days of receiving notification of the taxing master’s decision under rule 14(13).

(3) Where the taxing master or judge certifies a point of principle of general importance, the representative may appeal to the High Court against the decision of the taxing master on an appeal under rule 14, and the Lord Chancellor shall be a respondent to such an appeal.

(4) Subject to rule 19, an appeal under paragraph (3) shall be instituted within 21 days of receiving the certificate under paragraph (1).

(5) Where the Lord Chancellor is dissatisfied with the decision of the taxing master on an appeal under rule 14, he may, if no appeal has been made by the representative under paragraph (3), appeal to the High Court against that decision, and the representative shall be a respondent to the appeal.

(6) Subject to rule 19, an appeal under paragraph (5) shall be instituted within 21 days of receiving notification of the taxing master’s decision under rule 14(13).

(7) The decision of the High Court on an appeal under paragraphs (1), (3) or (5) shall be final.

(8) The judge shall have the same powers as the Department and the taxing master under these Rules and may reverse, affirm or amend the decision appealed against or make such other order as he thinks fit.

Very High Cost Cases – Certification

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Very High Cost Cases – Determination of representatives' fees

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on payment

18

Where a criminal aid certificate has been granted in respect of any proceedings to which these Rules apply, a representative shall not receive or be a party to the making of any payment for work done in connection with those proceedings except such payments as may be made –

(a) by the Department; or

(b) in respect of any expenses or fees incurred in preparing, obtaining or considering any report, opinion or further evidence, whether provided by an expert witness or otherwise, where an application for an authority to incur such expenses or fees has been refused by the Department.

Time limits

19

(1) Subject to paragraph (2), the time limit within which any act is required or authorised to be done under these Rules may, for good reason, be extended –

(a) in the case of acts required or authorised to be done under rule 14 or 15, by the taxing master or the High Court as the case may be; and

(b) in the case of acts required or authorised to be done by a representative under any other rule, by the Department.

(2) Where a representative without good reason has failed (or, if an extension were not granted, would fail) to comply with a time limit, the Department, the taxing master or the High Court, as the case may be, may, in exceptional circumstances, extend the time limit and shall consider whether it is reasonable in the circumstances to reduce the costs; provided that the costs shall not be reduced unless the representative has been permitted a reasonable opportunity to show cause orally or in writing why the costs should not be reduced.

(3) A representative may appeal to the taxing master against a decision made under this rule by the Department and such an appeal shall be instituted within 21 days of receiving notification of the decision by giving notice in writing to the taxing master specifying the grounds of appeal.

Review

20

(1) The Department shall keep the general operation of these Rules under review to ensure that they are consistent with the requirements of Article 37 of the Order.

(2) Without prejudice to paragraph (1), the Department shall conduct a formal review of the levels of the prescribed fees and the rates of payment under the Rules at least once in every review period.

(3) Where the Department has conducted a review under this rule, it shall publish the result of the review –

(a) as soon as is reasonably practicable;

(b) in such form as it considers appropriate; and

(4) When conducting a review under this rule, the Department shall have regard, among the matters which are relevant, to –

(a) any representations made by the Lord Chief Justice, the Attorney General, the Law Society of Northern Ireland, the General Council of the Bar of Northern Ireland, the Director of Public Prosecutions for Northern Ireland and the Department; and

(b) any other representations which it considers to be relevant.

(5) In paragraph (2) “review period” means the period of three years beginning with 5th May 2015 and each subsequent period of three years.

SCHEDULE 1 — STANDARD FEES

PART 1 — definition and scope

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Paragraphs 19, 20(2), 21(2) and (3), 29(1) and 30(1) of this Schedule also apply to the following proceedings in the Crown Court , or proceedings where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 –

(a) proceedings arising out of an alleged breach of an order of the ... Court (whether or not this Schedule applies to the proceedings in which the order was made); and

(b) proceedings for contempt committed, or alleged to have been committed, by an individual in the face of the Court, and where a court grants legal aid to a person for the purposes of proceedings under this sub-paragraph it may assign to him, for the purposes of those proceedings, any representative who is within the precincts of the court.

3

(1) A case on indictment is a guilty plea if it was disposed of without a trial because the assisted person pleaded guilty to one or more counts.

(2) Subject to sub-paragraph (3), a Guilty Plea Fee shall be payable in a case where the assisted person pleaded guilty to one or more counts at the first arraignment ... and the case did not proceed to trial.

(3) A Trial Preparation Fee shall be payable ... in a case where the assisted person pleaded guilty to one or more counts after the first arraignment but before the end of the first full day of trial and the trial did not proceed further.

(4) A Basic Trial Fee shall only be payable in a case where the assisted person pleaded not guilty to one or more counts and the trial proceeded beyond the first full day of trial (or it was otherwise completed as a trial within one day).

(5) For the purposes of sub-paragraphs (3) and (4), a day shall not be considered as the first full day of trial unless:

(a) the prosecution had opened its case and the first prosecution witness had begun to give evidence; or

(b) where the assisted person was a child charged with an indictable only offence, and whose case was dealt with in the magistrates’ court as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998, and where the case was contested:

(i) on the papers only;

(ii) on legal arguments, with no witnesses being called; or

(iii) with the prosecution evidence being accepted but a defence was put forward.

4

A reference in this Schedule to the Table of Offences refers to the Table of Offences in Schedule 3 and , subject to paragraph 4A, a reference in this Schedule to a Class of Offence refers to the Class in which that offence is listed in the Table of Offences.

5

(1) For the purposes of this Schedule –

(a) every indictable offence falls within the Class under which it is listed in the Table of Offences and, subject to sub-paragraph (2) below, indictable offences not specifically so listed shall be deemed to fall within Class H;

(b) conspiracy to commit an indictable offence contrary to Articles 9 and 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983[^f00007], incitement to commit an indictable offence and attempts to commit an indictable offence contrary to Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983, fall within the same Class as the substantive offence to which they relate;

(c) where the Table of Offences specifies that the Class within which an offence falls depends on whether the value involved exceeds a stated limit, the value shall be presumed not to exceed that limit unless the representative proves otherwise to the satisfaction of the Department;

(d) where more than one count of the indictment is for an offence in relation to which the Class depends on the value involved, that value shall be taken to be the total value involved in all those offences, so however that where two or more counts relate to the same property the value of that property shall be taken into account once only; and

(e) where an entry in the Table of Offences specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry shall include every offence contrary to that statutory provision whether or not the words of description in the entry are apt to cover all such offences.

(2) If a representative is dissatisfied with the classification within Class H of an indictable offence not listed in the Table of Offences, he may apply to the Department to reclassify the offence.

PART 2 — standard fees for trials

6

(1) The amount of the standard fee for a representative representing one assisted person tried on one indictment in ... Court shall be calculated according to the following formula –

$S1=B+(d×R)+AF+T.$

(1A) In this paragraph, “Court” means—

(a) the Crown Court; or

(b) the magistrates’ court, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

as the case may be.

(2) In the formula in sub-paragraph (1) –

S₁ is the amount of the standard fee;

B is the Basic Trial Fee specified in paragraph 7 as appropriate to the representative (including the category of counsel instructed, as applicable), the offence for which the assisted person was tried and the actual duration of the trial;

d is the number of days or parts of a day (measured in units of half a day) by which the trial exceeded one day;

R is the Refresher Fee specified in paragraph 7 as appropriate to the representative (including the category of counsel instructed, as applicable) and the actual duration of the trial;

AF is the amount of any Additional Fees payable under Part 4 of this Schedule; and

T is the amount of any travelling allowance payable under paragraph 29 or 30, as applicable.

7

For the purposes of paragraph 6 the Basic Trial Fee and Refresher Fee appropriate to any offence shall be those specified in the Table below as appropriate to the representative (including the category of counsel instructed, as applicable), the Class within which that offence falls according to paragraph 5 and the actual duration of the trial.

TABLES OF BASIC TRIAL FEES AND REFRESHER FEES

		Actual Duration of Trial	Actual Duration of Trial	Actual Duration of Trial
Offence falling within	PPE range	Trial Fee 1	Trial Fee 2	Trial Fee 3
Offence falling within	PPE range	1 – 8 Days	9 – 16 Days	17 – 80 Days
Class A	1 – 750	£6,504	£8,650	£12,944
Class A	751 – 1,500	£10,053	£12,200	£16,493
Class A	1,501 – 3,000	£13,601	£15,748	£20,041
Class B	1 – 750	£2,340	£3,369	£4,917
Class B	751 – 1,500	£3,743	£4,771	£6,321
Class B	1,501 – 3,000	£5,146	£6,175	£7,723
Class C	1 – 750	£1,433	£2,050	£2,972
Class C	751 – 1,500	£2,365	£2,981	£3,905
Class C	1,501 – 3,000	£3,297	£3,914	£4,836
Class D	1 – 750	£3,623	£5,432	£7,226
Class D	751 – 1,500	£5,785	£7,597	£9,390
Class D	1,501 – 3,000	£7,949	£9,761	£11,552
Class E	1 – 750	£1,433	£2,050	£2,972
Class E	751 – 1,500	£2,365	£2,981	£3,905
Class E	1,501 – 3,000	£3,297	£3,914	£4,836
Class F	1 – 750	£1,660	£2,375	£3,442
Class F	751 – 1,500	£2,656	£3,370	£4,438
Class F	1,501 – 3,000	£3,652	£4,366	£5,435
Class G	1 – 750	£2,716	£4,075	£5,420
Class G	751 – 1,500	£4,345	£5,704	£7,048
Class G	1,501 – 3,000	£5,976	£7,334	£8,679
Class H	1 – 750	£1,433	£2,050	£2,972
Class H	751 – 1,500	£2,365	£2,981	£3,905
Class H	1,501 – 3,000	£3,297	£3,914	£4,836
Class I	1 – 750	£1,433	£2,050	£2,972
Class I	751 – 1,500	£2,365	£2,981	£3,905
Class I	1,501 – 3,000	£3,297	£3,914	£4,836
	King’s Counsel	King’s Counsel	King’s Counsel	King’s Counsel
---	---	---	---	---
	Actual Duration of Trial	Actual Duration of Trial	Actual Duration of Trial	Actual Duration of Trial
*Offence falling within*	Trial Fee 1	Trial Fee 2	Trial Fee 3	Trial Fee 4
*Offence falling within*	1 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days
Class A	£6,960	£9,280	£13,920	£18,560
Class B	£3,348	£4,814	£7,011	£9,347
Class C	£2,930	£4,186	£6,068	£8,091
Class D	£4,640	£6,960	£9,280	£13,920
Class E	£2,930	£4,186	£6,068	£8,091
Class F	£2,930	£4,186	£6,068	£8,091
Class G	£4,186	£6,278	£8,371	£11,159
Class H	£2,930	£4,186	£6,068	£8,091
Class I	£2,930	£4,186	£6,068	£8,091
	Leading Junior Counsel	Leading Junior Counsel	Leading Junior Counsel	Leading Junior Counsel
---	---	---	---	---
	Actual Duration of Trial	Actual Duration of Trial	Actual Duration of Trial	Actual Duration of Trial
Offence falling within	Trial Fee 1	Trial Fee 2	Trial Fee 3	Trial Fee 4
Offence falling within	1 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days
Class A	£5,220	£6,960	£10,440	£13,920
Class B	£2,511	£3,610	£5,258	£7,011
Class C	£2,197	£3,140	£4,552	£6,070
Class D	£3,480	£5,220	£6,960	£10,440
Class E	£2,197	£3,140	£4,552	£6,070
Class F	£2,197	£3,140	£4,552	£6,070
Class G	£3,140	£4,708	£6,278	£8,371
Class H	£2,197	£3,140	£4,552	£6,070
Class I	£2,197	£3,140	£4,552	£6,070
	Led Junior Counsel	Led Junior Counsel	Led Junior Counsel	Led Junior Counsel
---	---	---	---	---
	Actual Duration of Trial	Actual Duration of Trial	Actual Duration of Trial	Actual Duration of Trial
Offence falling within	Trial Fee 1	Trial Fee 2	Trial Fee 3	Trial Fee 4
Offence falling within	1 to 8 days	9 to 16 days	17 to 24 days	25 to 32 days
Class A	£4,176	£5,568	£8,352	£11,136
Class B	£2,009	£2,887	£4,206	£5,607
Class C	£1,464	£2,093	£3,035	£4,046
Class D	£2,320	£3,480	£4,640	£6,960
Class E	£1,464	£2,093	£3,035	£4,046
Class F	£1,464	£2,093	£3,035	£4,046
Class G	£2,093	£3,140	£4,186	£5,581
Class H	£1,464	£2,093	£3,035	£4,046
Class I	£1,464	£2,093	£3,035	£4,046

PART 3 — standard fees for guilty pleas

8

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) The amount of the standard fee for a representative representing one assisted person in a guilty plea shall be the fee specified in paragraph 9 as appropriate to whether the case was a Guilty Plea or a Trial Preparation case, the representative (including the category of counsel instructed, as applicable) and the offence with which the assisted person was charged.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) In a case where a Guilty Plea Fee is payable, subject to paragraphs 14, 15A, 18A, 18B, 29 and 30, the amount so payable shall be an all-inclusive fee.

(3) In a case where ... a Trial Preparation Fee is payable, the amount so payable for a representative representing one assisted person tried on one indictment in ... Court shall be calculated according to the following formula –

$S2=G2+AF+T.$

(3A) In this paragraph, “Court” means—

(a) the Crown Court; or

(b) the magistrates’ court, where the assisted person was a child charged with an indictable only offence, and whose case was dealt with as provided for under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

as the case may be.

(4) In the formula in sub-paragraph (3) –

S₂ is the amount of the standard fee;

G2 is the ... Trial Preparation Fee specified in paragraph 9 as appropriate to the representative (including the category of counsel instructed, as applicable) and the offence for which the assisted person was charged , including the PPE Range ...;

AF is the amount of any Additional Fees payable under Part 4 of this Schedule; and

T is the amount of any travelling allowance payable under paragraph 29 or 30, as applicable.

9

For the purposes of paragraph 8 the fee appropriate to any offence shall be that specified in the Table below as appropriate to whether the case was a Guilty Plea or a Trial Preparation case, the representative (including the category of counsel instructed, as applicable) and the Class within which that offence falls according to paragraph 5, including the PPE Range where applicable.

TABLES OF GUILTY PLEA FEES AND TRIAL PREPARATION FEES

Offence falling within	Fee
Class A	£6,646
Class B	£1,595
Class C	£1,059
Class D	£3,292
Class E	£1.059
Class F	£1,132
Class G	£1.853
Class H	£1.059
Class I	£1,059
Offence falling within	King’s Counsel Fee
---	---
Class A	£3,318
Class B	£1,670
Class C	£1,431
Class D	£2,292
Class E	£1,431
Class F	£1,431
Class G	£1,813
Class H	£1,431
Class I	£1,431
Offence falling within	PPE range
---	---
Class A	1 – 750
Class A	751 – 1,500
Class A	1,501 – 3,000
Class B	1 – 750
Class B	751 – 1,500
Class B	1,501 – 3,000
Class C	1 – 750
Class C	751 – 1,500
Class C	1,501 – 3,000
Class D	1 – 750
Class D	751 – 1,500
Class D	1,501 – 3,000
Class E	1 – 750
Class E	751 – 1,500
Class E	1,501 – 3,000
Class F	1 – 750
Class F	751 – 1,500
Class F	1,501 – 3,000
Class G	1 – 750
Class G	751 – 1,500
Class G	1,501 – 3,000
Class H	1 – 750
Class H	751 – 1,500
Class H	1,501 – 3,000
Class I	1 – 750
Class I	751 – 1,500
Class I	1,501 – 3,000

PART 4 — ADDITIONAL FEES

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

The fixed fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) shall be payable where the assisted person pleaded not guilty to one or more counts at arraignment and the case was adjourned for trial.

12

(1) Subject to sub-paragraphs (2) and (3), the fixed fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) shall be payable in respect of each occasion on which the case was listed for trial but did not proceed on the day for which it was listed (other than by reason of an application for an adjournment by the prosecution or the defence).

(2) Subject to paragraph 22, where the representative was advised prior to the day on which the case had been listed for trial that it was no longer on standby and that it was listed only for mention on that day, the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) and the duration of the hearing on that day shall be payable.

(3) No standby fee shall be payable under sub-paragraph (1) where the assisted person pleaded guilty to one or more counts when the case was subsequently listed and it did not proceed to trial.

13

(1) This paragraph applies to –

(a) the hearing of a No Bill application;

(b) the hearing of an application to stay the indictment on the ground that the assisted person is unfit to plead;

(c) the hearing of an application to stay the indictment or any count on the ground that the proceedings constitute an abuse of the process of the court;

(d) any hearing relating to the question of whether any material should be disclosed by the prosecution to the defence or the defence to the prosecution (whether or not any claim to public interest immunity is made);

(e) the hearing of an application under section 51A of the Judicature (Northern Ireland) Act 1978[^f00008] for disclosure of material held by third parties; ...

(ee) the hearing of an application under Article 118A of the Magistrates’ Courts (Northern Ireland) Order 1981 for disclosure of material held by third parties; and

(f) any hearing relating to the question of the admissibility as evidence of any material.

(2) Where a hearing to which this paragraph applies was held on any day of the main hearing of a case on indictment, no separate fee shall be payable in respect of attendance at the hearing (other than a hearing under sub-paragraph (1)(f)), but the hearing shall be included in the length of the main hearing for the purpose of calculating costs.

(3) Where a hearing to which this paragraph applies was held prior to the first or only day of the main hearing, it shall not be included in the length of the main hearing for the purpose of calculating costs, and, subject to sub-paragraph (5) and also to paragraph 22, the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) and the duration of the hearing on that day shall be payable.

(4) In determining the duration of an application for the purpose of sub-paragraph (3), there shall be excluded the period of time during any luncheon adjournment.

(5) Where an application made under sub-paragraph (1)(a), (b) or (c) was successful and the case did not proceed, a Basic Trial Fee, together with Refresher Fees if applicable, shall be payable in accordance with paragraphs 6 and 7.

14

(1) This paragraph applies to a hearing to which the court proceeded under Article 8 of the Proceeds of Crime (Northern Ireland) Order 1996[^f00009] or section 156 of the Proceeds of Crime Act 2002[^f00010].

(2) A hearing to which this paragraph applies shall not be included in the length of the main hearing or of any sentencing hearing for the purpose of calculating costs, and the fee specified in the Table below as appropriate to the representative (including the category of counsel instructed, as applicable) shall be payable for each day of the hearing.

	Solicitor Fee	King’s Counsel Fee	Leading Junior Counsel Fee	Led Junior Counsel Fee	Sole Junior Counsel Fee
Full Day	£609	£928	£696	£464	£603
Half Day	£305	£464	£348	£232	£302

15

(1) This paragraph applies to –

(a) a sentencing hearing following a case on indictment to which this Schedule applies, where sentence was deferred under Article 3 of the Criminal Justice (Northern Ireland) Order 1996[^f00011]; and

(b) a sentencing hearing following a case on indictment to which this Schedule applies, other than a hearing within paragraph (a) or a sentencing hearing forming part of the main hearing.

(2) The fixed fee payable to a representative for attending at a hearing to which this paragraph applies shall be that set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) and the circumstances of the hearing.

16

(1) Subject to paragraph 22, the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) and the duration of the hearing on that day shall be payable to a representative for attending at the following hearings in a case on indictment, when not forming part of the main hearing or a hearing for which a fee is provided elsewhere in this Schedule –

(a) the hearing of a case listed for plea which is adjourned for trial;

(b) any hearing (including a trial) which is listed but cannot proceed because of the failure of the assisted person or a witness to attend, an application for postponement by the prosecution or defence, the unavailability of a pre-sentence report or other good reason;

(d) the hearing of the case listed for mention only, including applications relating to the date of the trial.

(2) In determining the duration of an application for the purpose of sub-paragraph (1), there shall be excluded the period of time during any luncheon adjournment.

17

The fixed fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) shall be payable to a representative in respect of any day forming part of the main hearing of the case when the court sat more than 45 minutes beyond 4.30 pm.

18

(1) The hourly fee set out in the Table following paragraph 19 as appropriate to the category of counsel instructed shall be payable in respect of work of the following types, provided that the counsel satisfies the Department that the work was reasonably undertaken and properly done, namely –

(a) attendance by an counsel at pre-trial consultations with the assisted person not held at court; or

(b) attendance by an counsel at consultations with prospective or actual expert witnesses; or

and where that fee is allowed the counsel shall also be paid a travelling allowance for such attendance in accordance with paragraph 30.

(2) An counsel shall be entitled to a fee in accordance with the Table following paragraph 19 as appropriate to the category of counsel instructed for the number of periods or parts of a period of 10 minutes of running time of any disc, tape or video cassette or part thereof which he listened to or viewed as part of the evidence in the case.

19

(1) The costs payable to a representative instructed in any case mentioned in paragraph 2 shall be the fixed fee set out in the Table following this paragraph as appropriate to the representative (including the category of counsel instructed, as applicable), together with any travelling allowance payable under paragraph 29(1) or 30(1) as applicable.

(2) Where a solicitor attended court without counsel and claimed an enhancement of his costs under rule 4A, the solicitor shall be allowed one travelling allowance only in respect of that attendance.

TABLES OF ADDITIONAL FEES

Type of work	Paragraph providing for fee	Fee
Arraignment – Not Guilty	11	£104
Standby Fee	12(1)	£435
Appearing at deferred sentencing hearing	15(1)(a)	£218
Appearing at other sentencing hearing	15(1)(b)	£116
Late sitting fee	17	£218
Cases within paragraph 2	19	£653
Application Fee 1(hearing not exceeding 1.5 hours)	12(2), 13,16	£131
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours)	12(2), 13,16	£218
Application Fee 3 (hearing exceeding 3 hours)	12(2), 13,16	£435
Sentence Hearing Preparation Fee PPE Range Up to 500 pages	15B	£580
Sentence Hearing Preparation Fee PPE Range 501 – 750 pages	15B	£870
Sentence Hearing Preparation Fee PPE Range 751 – 1,000 pages	15B	£1,160
Public Protection Application Fee 1 (hearing not exceeding 1.5 hours)	15C	£131
Public Protection Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours)	15C	£218
Public Protection Application Fee 3 (hearing exceeding 3 hours)	15C	£435
Court-ordered youth conference – Lower standard fee (conferences lasting up to and including 1 hour)	18A	£81
Court-ordered youth conference - Principal standard fee (conferences lasting more than 1 hour but not exceeding 2 hours)	18A	£130.50
Type of work	Paragraph providing for the fee	King’s Counsel Fee
---	---	---
Arraignment – Not Guilty	11	£139
Standby Fee	12(1)	£464
Appearing at deferred sentencing hearing	15(1)(a)	£371
Appearing at other sentencing hearing	15(1)(b)	£278
Skeleton argument	15A, 18B	£290
Late sitting fee	17	£232
Cases within paragraph 2	19	£696
Application Fee 1 (hearing not exceeding 1.5 hours)	12(2), 13,16	£116
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours)	12(2), 13,16	£232
Application Fee 3 (hearing exceeding 3 hours)	12(2), 13,16	£464
Sentence Hearing Preparation Fee (PPE Range Up to 500 pages)	15B	£580
Sentence Hearing Preparation Fee (PPE Range501 – 750 pages)	15B	£870
Sentence Hearing Preparation Fee (PPE Range751 – 1,000 pages)	15B	£1,160
Public Protection Application Fee 1(hearing not exceeding 1.5 hours)	15C	£116
Public Protection Application Fee 2(hearing exceeding 1.5 hours but not exceeding 3 hours)	15C	£232
Public Protection Application Fee 3(hearing exceeding 3 hours)	15C	£464
Consultations/views	18(1)	£73 per hour
Listening to or viewing tapes etc.	18(2)	£27 per 10 mins
Court-ordered youth conference – Lower standard fee (conferences lasting up to and including 1 hour)	18A	N/A
Court-ordered youth conference - Principal standard fee (conferences lasting more than 1 hour but not exceeding 2 hours)	18A	N/A

PART 5 — miscellaneous

20

(1) Where an assisted person was charged with more than one offence on one indictment, the standard fee payable to the representative shall be based on whichever of those offences he shall select for the purposes.

(2) Where two or more cases to which this Schedule applies involving the same representative were heard concurrently (whether involving the same or different assisted persons) –

(a) the representative shall select one case (“the principal case”), which shall be treated for the purposes of costs in accordance with the previous paragraphs of this Schedule;

(b) in respect of the main hearing in each of the other cases the representative shall be paid a fixed fee of twenty per cent of –

(i) the Basic Trial Fee, Guilty Plea Fee or Trial Preparation Fee, as applicable, for the principal case, where that is a case falling within paragraph 1, or

(ii) the fixed fee for the principal case, where that is a case falling within paragraph 2.

(3) Where a representative attended a hearing specified in paragraph 13, 14, 15 or 16(1)(a) or (b), forming part of two or more cases involving different assisted persons, he shall be paid –

(a) in respect of the first such case, the fee for that hearing specified in the Table following paragraph 19; and

(b) in respect of each of the other cases, twenty per cent of that fee.

(4) Subject to sub-paragraphs (1) to (3), where a representative attended a hearing forming part of two or more cases, he shall be paid the fixed fee for that hearing specified in the Table following paragraph 19 in respect of one such case, without any increase in respect of the other cases.

21

(1) Subject to sub-paragraphs (2), (4) and (5), the fee payable to a solicitor in accordance with paragraph 6 or 8 of this Schedule, as applicable, shall be in addition to any enhancement of his costs under rule 4A.

(2) Where the same solicitor prepared the case and conducted the trial or hearing without counsel, the enhancement of his costs shall be reduced by ten per cent.

(3) If the solicitor satisfies the Department that there was a clearly maintained division of responsibility in the conduct of the case, no reduction in the enhancement of his costs shall be made under sub-paragraph (2).

(4) Where a solicitor attended court without counsel and claimed an enhancement of his costs under rule 4A—

(a) on a day in respect of which a Refresher Fee would otherwise be payable under paragraph 6, or

(b) for a hearing in respect of which a fee would otherwise by payable under Part 4,

the solicitor shall be allowed one fee only in respect of that day or hearing, as applicable.

(5) Where a solicitor attended court, a prison visit, other consultation or view without counsel, the solicitor shall be allowed one travelling allowance only under paragraphs 29 and 30 in respect of each such attendance.

22

(1) This paragraph applies to any hearing in respect of which an Application Fee is payable under paragraph 12(2), 13, 14 or 16.

(2) Subject to sub-paragraph (3), the fee payable for the hearing shall be determined by the Department in accordance with the actual court hearing time taken in dealing with the application.

(3) Where the Department is satisfied that the total waiting time in dealing with the applications in a case exceeded two hours, in determining the fee payable for one or more of the applications the Department may, in its discretion, allow such Application Fee as set out in the Table following paragraph 19 as it considers to be reasonable.

(4) Where more than one application to which this paragraph applies was heard and disposed of on the same day, the fee payable to the representative shall be –

(a) in respect of the first application, the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) and the combined duration of the hearings on that day; and

(b) in respect of each of the other applications, twenty per cent of that fee.

(5) Where an Application Fee is payable under paragraph 13 or 14 and the hearing in question lasted more than one day, a further fee shall be payable to the representative under that paragraph in respect of any additional day or part of a day.

23

(1) Subject to sub-paragraph (5), this paragraph applies if a trial was ended by direction of the judge, or it ended with the jury being unable to agree a verdict, and an order was made for a new trial.

(2) Where the new trial began either on the same day or within fifteen working days, the case shall be considered as having comprised one trial for the purposes of determining the fees payable under these Rules.

(3) Where the period of time between the first trial ending and the new trial beginning exceeded fifteen working days, a second fee shall be payable in accordance with sub-paragraph (4).

(4) The second fee payable to a representative under sub-paragraph (3) shall be calculated in accordance with paragraph 6 (or paragraph 8, if applicable) except that each of the elements of the formula set out in paragraph 6 (or paragraph 8, if applicable) shall be reduced by –

(a) forty per cent, where the new trial started within two calendar months of the conclusion of the first trial; and

(b) twenty-five per cent, where the new trial did not start within two calendar months of the conclusion of the first trial,

except for the refresher and travelling allowance elements which shall not be so reduced.

(5) This paragraph shall not apply where a different representative acted for the assisted person at each trial.

24

Where following a case on indictment a Newton hearing took place –

(a) the case shall for all the purposes of this Schedule be treated as having gone to trial;

(b) the duration of the trial shall be taken to be the combined duration of the main hearing and of the Newton hearing;

(d) no fee shall be payable under paragraph 15 in respect of that hearing.

25

Where a fee is payable under Part 4 in respect of the holding of a voir dire, any day on which the voir dire was held shall count towards calculating the duration of the trial for the purposes of paragraphs 6 and 7.

26

Any case in which –

(a) the prosecution offered no evidence (or no further evidence) and which was discontinued; or

(b) the prosecution entered a nolle prosequi,

shall be treated as a substantive trial and a Basic Trial Fee, together with Refresher Fees if applicable, shall be payable in accordance with paragraphs 6 and 7.

27

Where a solicitor was dismissed by the assisted person, or the Department is satisfied that he was obliged to withdraw from the case for compelling professional reasons, the Department may, in its discretion, allow the following fees to the solicitor –

(a) if the solicitor was dismissed or withdrew within one week of the date of the first arraignment, a Guilty Plea Fee as appropriate to the offence with which the assisted person was charged;

(b) if the solicitor was dismissed or withdrew after the first arraignment and before the trial (if any) commenced, a Trial Preparation Fee as appropriate to the offence with which the assisted person was charged;

28

(1) Where an counsel instructed in a case passed the brief to another counsel before arraignment, no costs shall be payable to the original counsel under these Rules.

(2) Subject to sub-paragraph (3), where an counsel instructed in a case passed the brief to another counsel after arraignment, no costs shall be payable to the original counsel under Parts 2 or 3 of this Schedule.

(3) Where an counsel was dismissed by the assisted person, or the Department is satisfied that he was obliged to withdraw from the case for compelling professional reasons, the Department may, in its discretion, allow the following fees to the counsel –

(a) if the counsel was dismissed or withdrew within one week of the date of the first arraignment, fifty per cent of the Guilty Plea Fee as appropriate to the category of counsel instructed and the offence with which the assisted person was charged;

(b) if the counsel was dismissed or withdrew after the first arraignment and before the trial (if any) commenced, fifty per cent of the Trial Preparation Fee as appropriate to the category of counsel instructed and the offence with which the assisted person was charged;

(c) if the counsel was dismissed or withdrew after the trial (if any) commenced, the Basic Trial Fee as appropriate to the category of counsel instructed and the offence with which the assisted person was charged;

(d) in any other circumstances, such amount as it considers to be reasonable in all the circumstances.

29

(1) Where a solicitor attended court, the Department shall allow travelling time at a rate in accordance with sub-paragraphs (2) and (3), and it may allow an amount to cover any travelling expenses actually and reasonably incurred and necessarily and exclusively attributable to the solicitor’s attendance at that court.

(2) A solicitor shall be allowed travelling time at the rate of £60 per hour.

(3) An apprentice or fee-earner of equivalent experience shall be allowed travelling time at the rate of £40 per hour.

(4) Subject to the Department being satisfied that the work involved was reasonably undertaken and properly done, a travelling allowance shall also be payable under sub-paragraph (1) in respect of attendance at prison visits, other consultations and views.

(5) Mileage, where payable, may be claimed at the rate of 45p per mile.

30

(1) Where an counsel was instructed to appear in a court which is more than 20 miles from the Head Post Office, Belfast, the Department shall allow travelling time at the rate of £60 per hour and it may allow an amount to cover any travelling expenses actually and reasonably incurred and necessarily and exclusively attributable to the advocate’s attendance at that court.

(2) Subject to the Department being satisfied that the work involved was reasonably undertaken and properly done, a travelling allowance shall also be payable under sub-paragraph (1) in respect of attendance at prison visits, other consultations and views.

(3) Mileage, where payable, may be claimed at the rate of 45p per mile.

SCHEDULE 2

	Range per hour
Solicitor or other fee earner	Solicitor or other fee earner
Senior Solicitor	£110 to £180
Solicitor	£90 to £140
An apprentice or fee-earner of equivalent experience	£70 to £100
Counsel	Counsel
Queen’s Counsel	£110 to £180
Leading Junior	£90 to £140
Led Junior	£70 to £100
Sole Junior	£80 to £110
Solicitor Advocate	Solicitor Advocate
Certified	£80 to £110
Uncertified	£40 to £55
	Range per hour
---	---
Attendance at Court	Attendance at Court
Senior Solicitor
Solicitor	£45 to £90
An apprentice or fee-earner of equivalent experience
	Rate
---	---
Travel and waiting	Travel and waiting
Senior Solicitor
Solicitor	£24.75
An apprentice or fee-earner of equivalent experience
	Range per day
---	---
3.1 A full daily rate from the range set out in Table 3 of this Schedule will be allowed if the advocate was in court for more than 3.5 hours; half that rate will be allowed if he was in court for 3.5 hours or less.	3.1 A full daily rate from the range set out in Table 3 of this Schedule will be allowed if the advocate was in court for more than 3.5 hours; half that rate will be allowed if he was in court for 3.5 hours or less.
Counsel	Counsel
Queen’s Counsel	£500 to £700
Leading Junior	£375 to £525
Led Junior	£250 to £350
Sole Junior	£325 to £455
Solicitor Advocate	Solicitor Advocate
Certified	£325 to £455
Uncertified	£163 to £228
	Amount payable for hearing
---	---
4.1 The rates in Table 4 of this Schedule will only apply where the hearing lasted 2 hours or less; otherwise the daily or half daily rate payable under Table 3 of this Schedule and paragraph 3.1 will apply.	4.1 The rates in Table 4 of this Schedule will only apply where the hearing lasted 2 hours or less; otherwise the daily or half daily rate payable under Table 3 of this Schedule and paragraph 3.1 will apply.
Queen’s Counsel	£140
Leading Junior	£100
Led Junior	£70
Sole Junior	£80
Solicitor Advocate	Solicitor Advocate
Certified	£80
Uncertified	£40

SCHEDULE 3 — TABLE OF OFFENCES

Offence	Contrary to	Year and chapter
Class A – Homicide and related grave offences	Class A – Homicide and related grave offences	Class A – Homicide and related grave offences
Murder	Common law
Manslaughter	Common law
Soliciting to murder	Offences against the Person Act 1861 s. 4	1861 c. 100
Child destruction	Criminal Justice Act (Northern Ireland) 1945 s. 25(1)	1945 c. 15
Infanticide	Infanticide Act (Northern Ireland) 1939 s. 1(1)	1939 c. 5
Causing explosion likely to endanger life or property	Explosive Substances Act 1883 s. 2	1883 c. 3

Signed

Signed by authority of the Lord Chancellor

Baroness Ashton of Upholland — Parliamentary Under-Secretary of State, — Department for Constitutional Affairs — Dated 9th March 2005

We approve

Jim Murphy — Joan Ryan — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 14th March 2005

Explanatory note

(This note is not part of the Rules.)

These Rules prescribe the Crown Court remuneration for solicitors and counsel assigned under Articles 29 or 36(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

The main body of the Rules deals with the manner in which costs are to be determined and paid. Those provisions draw to a large extent on the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992, which relate to criminal representation provided under Part III of the 1981 Order, and which are being superseded by these Rules insofar as they prescribe the costs payable for proceedings in the Crown Court.

Schedule 1 deals with the standard fees which shall be payable for most cases in the Crown Court. Initial determinations in such cases will be undertaken by the Northern Ireland Legal Services Commission. Schedule 2 provides for special hourly rates of payment in very high cost cases, in respect of which determinations will be undertaken by the taxing master. A system of redeterminations and appeals is provided enabling solicitors and counsel to challenge the fees determined in a particular case.

Footnotes

[^f00001]: S.I. 1981/228 (N.I. 8)

[^f00002]: S.I. 1982/159

[^f00005]: S.I. 1981/228 (N.I. 8)

[^f00006]: S.R. 1992 No. 314; to which the most recent relevant amendment was made by S.R. 2004 No. 510

[^f00007]: S.I. 1983/1120 (N.I. 13)

[^f00008]: 1978 c. 23

[^f00009]: S.I. 1996/1299 (N.I. 9)

[^f00010]: 2002 c. 29

[^f00011]: S.I. 1996/3160 (N.I. 24)

Editorial notes

[^key-bdf1a2bbb7dd5419a38eb17cba6fcdff]: Rule 1 in operation at 4.4.2005, see rule 1

[^key-9e7e05bc4d498e3045242868d63163cc]: Rule 2 in operation at 4.4.2005, see rule 1

[^key-de61fd2f5772a74c1432df0346f2beab]: Rule 3 in operation at 4.4.2005, see rule 1

[^key-fb5266ff28f026a718fb084e00bd6495]: Rule 4 in operation at 4.4.2005, see rule 1

[^key-c90fa62960cbaa4fb62ead27e820bedc]: Rule 5 in operation at 4.4.2005, see rule 1

[^key-b08ad3876d4027723c8e185a2b977771]: Rule 6 in operation at 4.4.2005, see rule 1

[^key-45ecacbb0b3efbfb31eb3f3ee7a08f04]: Rule 7 in operation at 4.4.2005, see rule 1

[^key-5601c137dfd067f35fca99d26fa62f9c]: Rule 8 in operation at 4.4.2005, see rule 1

[^key-3365dd4dd07871c109b573bde516af54]: Rule 9 in operation at 4.4.2005, see rule 1

[^key-9daf82ac50ec16b8a87aeba6f94c529e]: Rule 10 in operation at 4.4.2005, see rule 1

[^key-9b53416e57aece30a678294b0ac1a5c1]: Rule 11 in operation at 4.4.2005, see rule 1

[^key-bff07e54220b41fc3befd592a6219949]: Rule 12 in operation at 4.4.2005, see rule 1

[^key-13531115237b7183d0aee4feb1ccb237]: Rule 13 in operation at 4.4.2005, see rule 1

[^key-854ee8cd273a18039e152b105f71ba1f]: Rule 14 in operation at 4.4.2005, see rule 1

[^key-5cd91032595468ad6137d87394ea4a14]: Rule 15 in operation at 4.4.2005, see rule 1

[^key-7ab96c23133c453efde959afc9e8a0a0]: Rule 18 in operation at 4.4.2005, see rule 1

[^key-4301aee2f29551b685913d4e15e06315]: Rule 19 in operation at 4.4.2005, see rule 1

[^key-d905ff66341dd5755e428abd39c85654]: Rule 20 in operation at 4.4.2005, see rule 1

[^key-0aa2274c310210b9f588bcca9b18ed5b]: Sch. 1 para. 2 in operation at 4.4.2005, see rule 1

[^key-548fe23f7e2d74f387c649b64666e361]: Sch. 1 para. 3 in operation at 4.4.2005, see rule 1

[^key-68b5c1566ef97c6602d458b8e985f8f0]: Sch. 1 para. 4 in operation at 4.4.2005, see rule 1

[^key-c07f1035129ebab673935d9223d9aba7]: Sch. 1 para. 5 in operation at 4.4.2005, see rule 1

[^key-4503902f7e7d731aeeb8ae9acb9d6460]: Sch. 1 para. 6 in operation at 4.4.2005, see rule 1

[^key-05b7396fa1e8e26c31e8bbeee2df253f]: Sch. 1 para. 7 in operation at 4.4.2005, see rule 1

[^key-32cf323230d865e6a6164d6001981a3b]: Sch. 1 para. 8 in operation at 4.4.2005, see rule 1

[^key-58704207cedb17efafcb1e57c03d040c]: Sch. 1 para. 11 in operation at 4.4.2005, see rule 1

[^key-5c9c2831bc5aed775a33dca117834359]: Sch. 1 para. 12 in operation at 4.4.2005, see rule 1

[^key-6018299d82d9eba1832ff51643584964]: Sch. 1 para. 13 in operation at 4.4.2005, see rule 1

[^key-6b6b2ff26fb993d6826e8dd67b17ea11]: Sch. 1 para. 14 in operation at 4.4.2005, see rule 1

[^key-7613560627743054ad94c946303d04b9]: Sch. 1 para. 15 in operation at 4.4.2005, see rule 1

[^key-69577f87e2fb3b060d027d5cf4b0097e]: Sch. 1 para. 16 in operation at 4.4.2005, see rule 1

[^key-c8f1914570024a71ab46092c0cf25309]: Sch. 1 para. 17 in operation at 4.4.2005, see rule 1

[^key-2a0194887e8cc3a5d704e68cf2a20e17]: Sch. 1 para. 18 in operation at 4.4.2005, see rule 1

[^key-de29cae40c32934a2c67da3756652ea4]: Sch. 1 para. 19 in operation at 4.4.2005, see rule 1

[^key-9dab7aa73829ad184c5ad073dbb78a78]: Sch. 1 para. 20 in operation at 4.4.2005, see rule 1

[^key-86f0b6c8fc77e888d3b03817a9ce1ad6]: Sch. 1 para. 22 in operation at 4.4.2005, see rule 1

[^key-d59694884ab1de0859704bdbc37f63ed]: Sch. 1 para. 23 in operation at 4.4.2005, see rule 1

[^key-e5c6c5bcb35168cbf4fa2283fc6c0a2d]: Sch. 1 para. 24 in operation at 4.4.2005, see rule 1

[^key-de5f5b5488d341d8b176d0d0e8d967fe]: Sch. 1 para. 25 in operation at 4.4.2005, see rule 1

[^key-6dd442655d1d7b08fbda95fe72d41a33]: Sch. 1 para. 26 in operation at 4.4.2005, see rule 1

[^key-a9c2d3a8fdb7a80921937cd802c85c0e]: Sch. 1 para. 28 in operation at 4.4.2005, see rule 1

[^key-39e6d9bab07ee00595db26a474c7bb64]: Sch. 1 para. 29 in operation at 4.4.2005, see rule 1

[^key-903625d2be6a4ec930938f9b3b629de5]: Sch. 1 para. 30 in operation at 4.4.2005, see rule 1

[^key-e3de119926dd6ec42f4b9967519d450c]: Words in rule. 20 substituted (12.4.2010) by The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), rule. 1, Sch. para. 35(3) (with rules. 5-7)

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