The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005
| Sole Junior Counsel | Sole Junior Counsel | Sole Junior Counsel | Sole Junior Counsel | Sole Junior Counsel | Sole Junior Counsel | Sole Junior Counsel | Sole Junior Counsel | Sole Junior Counsel | Sole Junior Counsel | |
|---|---|---|---|---|---|---|---|---|---|---|
| Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | 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 | Trial Fee 5 | Trial Fee 6 | Trial Fee 7 | Trial Fee 8 | Trial Fee 9 | Trial Fee 10 |
| Offence falling within | 1 to 8 days | 9 to 16 days | 17 to 24 days | 25 to 32 days | 33 to 40 days | 41 to 48 days | 49 to 56 days | 57 to 64 days | 65 to 72 days | 73 to 80 days |
| Class A | £4,524 | £6,032 | £9,048 | £12,064 | £15,080 | £21,112 | £27,144 | £36,192 | £45,240 | £54,288 |
| Class B | £2,177 | £3,129 | £4,558 | £6,076 | £7,596 | £10,634 | £13,674 | £18,227 | £22,784 | £27,341 |
| Class C | £1,905 | £2,720 | £3,945 | £5,261 | £6,574 | £9,205 | £11,835 | £15,777 | £19,722 | £23,667 |
| Class D | £3,016 | £4,524 | £6,032 | £9,048 | £11,310 | £15,834 | £20,358 | £27,144 | £33,930 | £40,716 |
| Class E | £1,905 | £2,720 | £3,945 | £5,261 | £6,574 | £9,205 | £11,835 | £15,777 | £19,722 | £23,667 |
| Class F | £1,905 | £2,720 | £3,945 | £5,261 | £6,574 | £9,205 | £11,835 | £15,777 | £19,722 | £23,667 |
| Class G | £2,720 | £4,081 | £5,440 | £7,253 | £9,068 | £12,694 | £16,324 | £21,759 | £27,200 | £32,641 |
| Class H | £1,905 | £2,720 | £3,945 | £5,261 | £6,574 | £9,205 | £11,835 | £15,777 | £19,722 | £23,667 |
| Class I | £1,905 | £2,720 | £3,945 | £5,261 | £6,574 | £9,205 | £11,835 | £15,777 | £19,722 | £23,667 |
| Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | ||||||||
| --- | --- | --- | --- | |||||||
| Offences falling within Classes A to I | Refresher Fee 1 | Refresher Fee 2 | Refresher Fee 3 | |||||||
| 2-8 Days | 9-16 Days | 17-80 Days | ||||||||
| Full Day | £435 | £522 | £609 | |||||||
| Half Day | £218 | £261 | £305 | |||||||
| Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Offence falling within Classes A to I | Refresher Fee 1 | Refresher Fee 2 | Refresher Fee 3 | Refresher Fee 4 | Refresher Fee 5 | Refresher Fee 6 | Refresher Fee 7 | Refresher Fee 8 | Refresher Fee 9 | Refresher Fee 10 |
| 2 to 8 days | 9 to 16 days | 17 to 24 days | 25 to 32 days | 33 to 40 days | 41 to 48 days | 49 to 56 days | 57 to 64 days | 65 to 72 days | 73 to 80 days | |
| Full Day | £464 | £557 | £650 | £742 | £835 | £928 | £928 | £928 | £928 | £928 |
| Half Day | £232 | £278 | £325 | £371 | £418 | £464 | £464 | £464 | £464 | £464 |
| Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Offence falling within Classes A to I | Refresher Fee 1 | Refresher Fee 2 | Refresher Fee 3 | Refresher Fee 4 | Refresher Fee 5 | Refresher Fee 6 | Refresher Fee 7 | Refresher Fee 8 | Refresher Fee 9 | Refresher Fee 10 |
| 2 to 8 days | 9 to 16 days | 17 to 24 days | 25 to 32 days | 33 to 40 days | 41 to 48 days | 49 to 56 days | 57 to 64 days | 65 to 72 days | 73 to 80 days | |
| Full Day | £348 | £418 | £487 | £557 | £626 | £696 | £696 | £696 | £696 | £696 |
| Half Day | £174 | £209 | £244 | £278 | £313 | £348 | £348 | £348 | £348 | £348 |
| Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Offence falling within Classes A to I | Refresher Fee 1 | Refresher Fee 2 | Refresher Fee 3 | Refresher Fee 4 | Refresher Fee 5 | Refresher Fee 6 | Refresher Fee 7 | Refresher Fee 8 | Refresher Fee 9 | Refresher Fee 10 |
| 2 to 8 days | 9 to 16 days | 17 to 24 days | 25 to 32 days | 33 to 40 days | 41 to 48 days | 49 to 56 days | 57 to 64 days | 65 to 72 days | 73 to 80 days | |
| Full Day | £232 | £278 | £325 | £371 | £418 | £464 | £464 | £464 | £464 | £464 |
| Half Day | £116 | £139 | £162 | £186 | £209 | £232 | £232 | £232 | £232 | £232 |
| Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | Actual Duration of Trial | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Offence falling within Classes A to I | Refresher Fee 1 | Refresher Fee 2 | Refresher Fee 3 | Refresher Fee 4 | Refresher Fee 5 | Refresher Fee 6 | Refresher Fee 7 | Refresher Fee 8 | Refresher Fee 9 | Refresher Fee 10 |
| 2 to 8 days | 9 to 16 days | 17 to 24 days | 25 to 32 days | 33 to 40 days | 41 to 48 days | 49 to 56 days | 57 to 64 days | 65 to 72 days | 73 to 80 days | |
| Full Day | £302 | £362 | £422 | £483 | £543 | £603 | £603 | £603 | £603 | £603 |
| Half Day | £151 | £181 | £211 | £241 | £271 | £302 | £302 | £302 | £302 | £302 |
| Offence falling within | PPE range | King’s Counsel Fee | Leading Junior Counsel Fee | Led Junior Counsel Fee | Sole Junior Counsel Fee | |||||
| --- | --- | --- | --- | --- | --- | |||||
| Class A | 1 – 750 | £5,220 | £3,915 | £2,610 | £3,393 | |||||
| Class A | 751 – 1,500 | £9,744 | £7,308 | £4,872 | £6,334 | |||||
| Class A | 1,501 – 3,000 | £21,924 | £16,443 | £10,962 | £14,251 | |||||
| Class B | 1 – 750 | £2,352 | £1,763 | £1,176 | £1,529 | |||||
| Class B | 751 – 1,500 | £4,795 | £3,596 | £2,398 | £3,116 | |||||
| Class B | 1,501 – 3,000 | £11,373 | £8,528 | £5,686 | £7,392 | |||||
| Class C | 1 – 750 | £2,066 | £1,549 | £1,034 | £1,343 | |||||
| Class C | 751 – 1,500 | £4,203 | £3,153 | £2,102 | £2,733 | |||||
| Class C | 1,501 – 3,000 | £9,390 | £7,042 | £4,695 | £6,104 | |||||
| Class D | 1 – 750 | £3,480 | £2,610 | £1,740 | £2,262 | |||||
| Class D | 751 – 1,500 | £7,351 | £5,512 | £3,675 | £4,778 | |||||
| Class D | 1,501 – 3,000 | £15,572 | £11,679 | £7,786 | £10,122 | |||||
| Class E | 1 – 750 | £2,066 | £1,549 | £1,034 | £1,343 | |||||
| Class E | 751 – 1,500 | £4,203 | £3,153 | £2,102 | £2,733 | |||||
| Class E | 1,501 – 3,000 | £9,959 | £7,468 | £4,980 | £6,474 | |||||
| Class F | 1 – 750 | £2,066 | £1,549 | £1,034 | £1,343 | |||||
| Class F | 751 – 1,500 | £4,203 | £3,153 | £2,102 | £2,733 | |||||
| Class F | 1,501 – 3,000 | £9,959 | £7,468 | £4,980 | £6,474 | |||||
| Class G | 1 – 750 | £3,016 | £2,263 | £1,508 | £1,960 | |||||
| Class G | 751 – 1,500 | £6,070 | £4,552 | £3,035 | £3,945 | |||||
| Class G | 1,501 – 3,000 | £14,291 | £10,720 | £7,146 | £9,289 | |||||
| Class H | 1 – 750 | £2,066 | £1,549 | £1,034 | £1,343 | |||||
| Class H | 751 – 1,500 | £4,203 | £3,153 | £2,102 | £2,733 | |||||
| Class H | 1,501 – 3,000 | £9,959 | £7,468 | £4,980 | £6,474 | |||||
| Class I | 1 – 750 | £2,066 | £1,549 | £1,034 | £1,343 | |||||
| Class I | 751 – 1,500 | £4,203 | £3,153 | £2,102 | £2,733 | |||||
| Class I | 1,501 – 3,000 | £9,959 | £7,468 | £4,980 | £6,474 |
10A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15A
- (1) This paragraph applies where, prior to the sentencing hearing, the trial judge directs counsel to lodge a skeleton argument on the relevant sentencing authorities.
- (2) The fixed fee set out in the Table following paragraph 19 as appropriate to the category of counsel instructed shall be payable to the counsel who drafted the skeleton argument.
18A
- (1) This paragraph applies where the assisted person was a child who was the subject of a court-ordered youth conference.
- (2) Subject to sub-paragraphs (3) and (4), the standard fee for a representative representing that assisted person shall be the amount set out in the Table following paragraph 19 as appropriate to the representative and the duration of the youth conference.
- (3) The Department 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 £52 per hour to a solicitor and £34 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.
18B
- (1) This paragraph applies where counsel, having provided an opinion in the matter under Article 29(4)(b) of the Order, drafted a skeleton argument in support of an application for leave to appeal to the Court of Appeal.
- (2) The fixed fee set out in the Table following paragraph 19 as appropriate to the category of counsel instructed shall be payable to the counsel who drafted the skeleton argument.
| Attempt to cause explosion, making or keeping explosive etc. | Explosive Substances Act 1883 s. 3 | as above |
| Class B – Offences involving serious violence or damage, and serious drugs offences | Class B – Offences involving serious violence or damage, and serious drugs offences | Class B – Offences involving serious violence or damage, and serious drugs offences |
| Kidnapping | Common law | |
| False imprisonment | Common law | |
| Aggravated criminal damage | Criminal Damage (Northern Ireland) Order 1977 Art. 3(2) | 1977 N.I. 4 |
| Aggravated arson | Criminal Damage (Northern Ireland) Order 1977 Art. 3(2) and (3) | as above |
| Arson (where value exceeds £30,000) | Criminal Damage (Northern Ireland) Order 1977 Art. 3(3) | as above |
| Possession of firearm with intent to endanger life | Firearms (Northern Ireland) Order 2004 Art. 58 | 0702 N.I. 3 |
| Use of firearm to resist arrest | Firearms (Northern Ireland) Order 2004 Art. 59(1) | as above |
| Possession of firearm with criminal intent | Firearms (Northern Ireland) Order 2004 Art. 60(1) | as above |
| Possession or acquisition of certain prohibited weapons etc. | Firearms (Northern Ireland) Order 2004 Art. 45(1) and (2) | as above |
| Aggravated burglary | Theft Act (Northern Ireland) 1969 s. 10 | 1969 c. 16 |
| Armed robbery | Theft Act (Northern Ireland) 1969 s. 8(1) | as above |
| Assault with weapon with intent to rob | Theft Act (Northern Ireland) 1969 s. 8(2) | as above |
| Blackmail | Theft Act (Northern Ireland) 1969 s. 20 | as above |
| Riot | Common law | |
| Contamination of goods with intent | Public Order Act 1986 s. 38 | 1986 c. 64 |
| Causing death by dangerous driving | Road Traffic (Northern Ireland) Order 1995 Art. 9 | N.I. 18 |
| Causing death by careless driving while under the influence of drink or drugs | Road Traffic (Northern Ireland) Order 1995 Art. 14 | as above |
| Aggravated vehicle taking resulting in death | Road Traffic (Northern Ireland) Order 1981 Art. 172B | N.I. 1 |
| Causing danger to road users | Road Traffic (Northern Ireland) Order 1995 Art. 53 | N.I. 18 |
| Attempting to choke, suffocate, strangle etc. | Offences against the Person Act 1861 s. 21 | 1861 c. 100 |
| Causing miscarriage by poison, instrument | Offences against the Person Act 1861 s. 58 | as above |
| Making threats to kill | Offences against the Person Act 1861 s. 16 | as above |
| Wounding or grievous bodily harm with intent to cause grievous bodily harm etc. | Offences against the Person Act 1861 s. 18 | as above |
| Endangering the safety of railway passengers | Offences against the Person Act 1861 ss. 32-34 | as above |
| --- | --- | --- |
| Impeding persons endeavouring to escape wrecks | Offences against the Person Act 1861 s. 17 | as above |
| Administering chloroform, laudanum etc. | Offences against the Person Act 1861 s. 22 | as above |
| Administering poison etc. so as to endanger life | Offences against the Person Act 1861 s. 23 | as above |
| Cruelty to persons under 16 | Children and Young Persons Act (Northern Ireland) 1968 s. 20 | 1968 c. 34 |
| Aiding and abetting suicide | Criminal Justice Act (Northern Ireland) 1966 s. 13 | 1966 c. 20 |
| Placing wood etc. on railway | Malicious Damage Act 1861 s. 35 | 1861 c. 97 |
| Acquiring, possessing etc. the proceeds of criminal conduct | Proceeds of Crime Act 2002 s. 329 | 2002 c. 29 |
| Producing or supplying a Class A or B drug | Misuse of Drugs Act 1971 s. 4 | 1971 c. 38 |
| Possession of a Class A or B drug with intent to supply | Misuse of Drugs Act 1971 s. 5(3) | as above |
| Manufacture and supply of scheduled substances | Criminal Justice (International Co-operation) Act 1990 s. 12 | 1990 c. 5 |
| Fraudulent evasion of controls on Class A and B drugs | Customs and Excise Management Act 1979 s. 170(2)(b) and (c) | 1979 c. 2 |
| Illegal importation of Class A and B drugs | Customs and Excise Management Act 1979 s. 50 | as above |
| Offences in relation to money laundering investigations | Proceeds of Crime Act 2002 ss. 327-333 | 2002 c. 29 |
| Practitioner contravening drug supply regulations | Misuse of Drugs Act 1971 ss. 12 and 13 | 1971 c. 38 |
| Cultivation of cannabis plant | Misuse of Drugs Act 1971 s. 6 | as above |
| Occupier knowingly permitting drugs offences etc. | Misuse of Drugs Act 1971 s. 8 | as above |
| Activities relating to opium | Misuse of Drugs Act 1971 s. 9 | as above |
| Drug trafficking offences at sea | Criminal Justice (International Co-operation) Act 1990 s. 18 | 1990 c. 5 |
| Firing on Revenue vessel | Customs and Excise Management Act 1979 s. 85(2) | 1979 c. 2 |
| Making or possession of explosive in suspicious circumstances | Explosive Substances Act 1883 s. 4(1) | 1883 c. 3 |
| Causing bodily injury by explosives | Offences against the Person Act 1861 s. 28 | 1861 c. 100 |
| Using explosive or corrosives with intent to cause grievous bodily harm | Offences against the Person Act 1861 s. 29 | as above |
| Hostage taking | Taking of Hostages Act 1982 s. 1 | 1982 c. 28 |
| Money laundering in relation to terrorist activities | Terrorism Act 2000 s. 18 | 2000 c. 11 |
| Offences against international protection of nuclear material | Nuclear Material (Offences) Act 1983 s. 2 | 1983 c. 18 |
| --- | --- | --- |
| Placing explosives with intent to cause bodily injury | Offences against the Person Act 1861 s. 30 | 1861 c. 100 |
| Membership of proscribed organisations | Terrorism Act 2000 s. 11 | 2000 c. 11 |
| Support or meeting of proscribed organisations | Terrorism Act 2000 s. 12 | as above |
| Uniform of proscribed organisations | Terrorism Act 2000 s. 13 | as above |
| Fund-raising for terrorism | Terrorism Act 2000 s. 15 | as above |
| Other offences involving money or property to be used for terrorism | Terrorism Act 2000 ss. 16-18 | as above |
| Disclosure prejudicing, or interference of material relevant to, investigation of terrorism | Terrorism Act 2000 s. 39 | as above |
| Weapons training | Terrorism Act 2000 s. 54 | as above |
| Directing terrorist organisation | Terrorism Act 2000 s. 56 | as above |
| Possession of articles for terrorist purposes | Terrorism Act 2000 s. 57 | as above |
| Unlawful collection of information for terrorist purposes | Terrorism Act 2000 s. 58 | as above |
| Incitement of terrorism overseas | Terrorism Act 2000 s. 60 | as above |
| Endangering the safety of an aircraft | Aviation Security Act 1982 s. 2(1)(b) | 1982 c. 36 |
| Racially-aggravated arson (not endangering life) | Criminal Damage (Northern Ireland) Order 1977 Art. 3(3), as amended by | 1977 N.I. 4 |
| Criminal Justice (No. 2) (Northern Ireland) Order 2004 | N.I. 15 | |
| Class C – Lesser offences involving violence or damage, and less serious drugs offences | Class C – Lesser offences involving violence or damage, and less serious drugs offences | Class C – Lesser offences involving violence or damage, and less serious drugs offences |
| Robbery (other than armed robbery) | Theft Act (Northern Ireland) 1969 s. 8 | 1969 c. 16 |
| Unlawful wounding | Offences against the Person Act 1861 s. 20 | 1861 c. 100 |
| Assault occasioning actual bodily harm | Offences against the Person Act 1861 s. 47 | as above |
| Concealment of birth | Offences against the Person Act 1861 s. 60 | as above |
| Abandonment of children under two | Offences against the Person Act 1861 s. 27 | as above |
| Arson (other than aggravated arson) where value does not exceed £30,000 | Criminal Damage (Northern Ireland) Order 1977 Art. 3(3) | 1977 N.I. 4 |
| Criminal damage (other than aggravated criminal damage) | Criminal Damage (Northern Ireland) Order 1977 Art. 3(1) | as above |
| Carrying firearm and ammunition in public place | Firearms (Northern Ireland) Order 2004 Art. 61 | 0702 N.I. 3 |
| Trespassing with a firearm | Firearms (Northern Ireland) Order 2004 Art. 62 | as above |
| --- | --- | --- |
| Shortening of shotgun or converting imitation firearm into firearm | Firearms (Northern Ireland) Order 2004 Art. 67(1) and (3) | as above |
| Possession or acquisition of shotgun without certificate | Firearms (Northern Ireland) Order 2004 Art. 3 | as above |
| Possession of firearms by person convicted of crime | Firearms (Northern Ireland) Order 2004 Art. 63(6) | as above |
| Prohibition of possession, etc. of firearm by certain persons | Firearms (Northern Ireland) Order 2004 Art. 63 | as above |
| Manufacture, dealing in firearms | Firearms (Northern Ireland) Order 2004 Art. 45(1) and (2) | as above |
| Failure to comply with conditions of authority regarding prohibited weapons | Firearms (Northern Ireland) Order 2004 Art. 45(6) | as above |
| Permitting an escape (by person failing to perform any legal or official duty) | Common lawPrison Act (Northern Ireland) 1953 s. 31 | 1953 c. 18 |
| Rescue | Common lawPrison Act (Northern Ireland) 1953 s. 29 | as above |
| Escaping from lawful custody without force | Common lawPrison Act (Northern Ireland) 1953 s. 26 | as above |
| Breach of prison | Common lawPrison Act (Northern Ireland) 1953 s. 28 | as above |
| Assisting prisoners to escape | Prison Act (Northern Ireland) 1953 s. 30 | as above |
| Fraudulent evasion of agricultural levy | Customs and Excise Management Act 1979 s. 68A | 1979 c. 2 |
| Offender armed or disguised | Customs and Excise Management Act 1979 s. 86 | as above |
| Making threats to destroy or damage property | Criminal Damage (Northern Ireland) Order 1977 Art. 4 | 1977 N.I. 4 |
| Possessing anything with intent to destroy or damage property | Criminal Damage (Northern Ireland) Order 1977 Art. 5 | as above |
| Child abduction by connected person | Child Abduction (Northern Ireland) Order 1985 Art. 3 | N.I. 17 |
| Child abduction by other person | Child Abduction (Northern Ireland) Order 1985 Art. 4 | as above |
| Bomb hoax | Criminal Law (Amendment) (Northern Ireland) Order 1977 Art. 3 | N.I. 16 |
| Producing or supplying Class C drug | Misuse of Drugs Act 1971 s. 4 | 1971 c. 38 |
| Possession of a Class C drug with intent to supply | Misuse of Drugs Act 1971 s. 5(3) | as above |
| Fraudulent evasion of controls on Class C drugs | Customs and Excise Management Act 1979 s. 170(2)(b) and (c) | 1979 c. 2 |
| --- | --- | --- |
| Illegal importation of Class C drugs | Customs and Excise Management Act 1979 s. 50 | as above |
| Possession of Class A drug | Misuse of Drugs Act 1971 s. 5(2) | 1971 c. 38 |
| Failure to disclose knowledge or suspicion of money laundering | Proceeds of Crime Act 2002 ss. 330-332 | 2002 c. 29 |
| Tipping-off in relation to money laundering investigations | Proceeds of Crime Act 2002 s. 333 | as above |
| Assaults on officers saving wrecks | Offences against the Person Act 1861 s. 37 | 1861 c. 100 |
| Attempting to injure or alarm the Sovereign | Treason Act 1842 s. 2 | 1842 c. 51 |
| Assisting illegal entry or harbouring persons | Immigration Act 1971 s. 25 | 1971 c. 77 |
| Administering poison with intent to injure etc. | Offences against the Person Act 1861 s. 24 | 1861 c. 100 |
| Neglecting to provide food for assaulting servants etc. | Offences against the Person Act 1861 s. 26 | as above |
| Setting spring guns with intent to inflict grievous bodily harm | Offences against the Person Act 1861 s. 31 | as above |
| Supplying instrument etc. to cause miscarriage | Offences against the Person Act 1861 s. 59 | as above |
| Failure to disclose information about terrorism | Terrorism Act 2000 s. 19 | 2000 c. 11 |
| Circumcision of females | Female Genital Mutilation Act 2003 s. 1 | 2003 c. 38 |
| Breaking or injuring submarine telegraph cables | Submarine Telegraph Act 1885 s. 3 | 1885 c. 49 |
| Failing to keep dogs under proper control resulting in injury | Dogs (Northern Ireland) Order 1983 Art. 29(1A) and (1B) | N.I. 8 |
| Making gunpowder etc. to commit offences | Offences against the Person Act 1861 s. 64 | 1861 c. 100 |
| Stirring up racial hatred | Public Order (Northern Ireland) Order 1987 Arts. 8-13 | N.I. 7 |
| Racially-aggravated assault | Offences Against the Person Act 1861 s. 47, as amended by the Criminal Justice (No. 2) (Northern Ireland) Order 2004 | 1861 c. 1002004 N.I. 15 |
| Racially-aggravated criminal damage | Criminal Damage (Northern Ireland) Order 1977 Arts. 3 and 6(2), as amended by the Criminal Justice (No. 2) (Northern Ireland) Order 2004 | 1977 N.I. 42004 N.I. 15 |
| Class D – Serious sexual offences, offences against children | Class D – Serious sexual offences, offences against children | Class D – Serious sexual offences, offences against children |
| Trafficking into the UK for sexual exploitation | Sexual Offences Act 2003 s. 57 | 2003 c. 42 |
| Trafficking within the UK for sexual exploitation | Sexual Offences Act 2003 s. 58 | as above |
| --- | --- | --- |
| Trafficking out of the UK for sexual exploitation | Sexual Offences Act 2003 s. 59 | as above |
| Rape | Sexual Offences (Northern Ireland) Order 2008 Art. 5 | N.I. 2 |
| Assault by penetration | Sexual Offences (Northern Ireland) Order 2008 Art. 6 | as above |
| Sexual assault | Sexual Offences (Northern Ireland) Order 2008 Art. 7 | as above |
| Causing a person to engage in sexual activity without consent | Sexual Offences (Northern Ireland) Order 2008 Art. 8 | as above |
| Rape of a child under 13 | Sexual Offences (Northern Ireland) Order 2008 Art. 12 | as above |
| Assault of a child under 13 by penetration | Sexual Offences (Northern Ireland) Order 2008 Art. 13 | as above |
| Sexual assault of a child under 13 | Sexual Offences (Northern Ireland) Order 2008 Art. 14 | as above |
| Causing or inciting a child under 13 to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 15 | as above |
| Sexual activity with a child | Sexual Offences (Northern Ireland) Order 2008 Arts. 16 and 20 | as above |
| Causing or inciting a child to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Arts. 17 and 20 | as above |
| Engaging in sexual activity in the presence of a child | Sexual Offences (Northern Ireland) Order 2008 Arts. 18 and 20 | as above |
| Causing a child to watch a sexual act | Sexual Offences (Northern Ireland) Order 2008 Arts. 19 and 20 | as above |
| Arranging or facilitating commission of a sexual offence against a child | Sexual Offences (Northern Ireland) Order 2008 Art. 21 | as above |
| Meeting a child following sexual grooming, etc | Sexual Offences (Northern Ireland) Order 2008 Art. 22 | as above |
| Abuse of position of trust: Sexual activity with a child | Sexual Offences (Northern Ireland) Order 2008 Art. 23 | as above |
| Abuse of position of trust: Causing or inciting a child to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 24 | as above |
| Abuse of position of trust: Sexual activity in the presence of a child | Sexual Offences (Northern Ireland) Order 2008 Art. 25 | as above |
| Abuse of position of trust: Causing a child to watch a sexual act | Sexual Offences (Northern Ireland) Order 2008 Art. 26 | as above |
| Sexual activity with a child family member | Sexual Offences (Northern Ireland) Order 2008 Art. 32 | as above |
| Inciting a child family member to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 33 | as above |
| --- | --- | --- |
| Paying for sexual services of a child | Sexual Offences (Northern Ireland) Order 2008 Art. 37 | as above |
| Causing or inciting child prostitution or pornography | Sexual Offences (Northern Ireland) Order 2008 Art. 38 | as above |
| Controlling a child prostitute or a child involved in pornography | Sexual Offences (Northern Ireland) Order 2008 Art. 39 | as above |
| Arranging or facilitating child prostitution or pornography | Sexual Offences (Northern Ireland) Order 2008 Art. 40 | as above |
| Sexual activity with a person with a mental disorder impeding choice | Sexual Offences (Northern Ireland) Order 2008 Art. 43 | as above |
| Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 44 | as above |
| Engaging in sexual activity in the presence of a person with a mental disorder impeding choice | Sexual Offences (Northern Ireland) Order 2008 Art. 45 | as above |
| Causing a person with a mental disorder impeding choice to watch a sexual act | Sexual Offences (Northern Ireland) Order 2008 Art. 46 | as above |
| Inducement, threat or deception to procure sexual activity with a person with a mental disorder | Sexual Offences (Northern Ireland) Order 2008 Art. 47 | as above |
| Causing a person with a mental disorder to engage in, or agree to engage in, sexual activity by inducement, threat or deception | Sexual Offences (Northern Ireland) Order 2008 Art. 48 | as above |
| Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder | Sexual Offences (Northern Ireland) Order 2008 Art. 49 | as above |
| Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception | Sexual Offences (Northern Ireland) Order 2008 Art. 50 | as above |
| Care Workers: Sexual activity with a person with a mental disorder | Sexual Offences (Northern Ireland) Order 2008 Art. 51 | as above |
| Care Workers: Causing or inciting sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 52 | as above |
| Care Workers: Sexual activity in the presence of a person with a mental disorder | Sexual Offences (Northern Ireland) Order 2008 Art. 53 | as above |
| Care Workers: Causing a person with a mental disorder to watch a sexual act | Sexual Offences (Northern Ireland) Order 2008 Art. 54 | as above |
| --- | --- | --- |
| Loitering or soliciting for the purposes of prostitution | Sexual Offences (Northern Ireland) Order 2008 Art. 59 | as above |
| Kerb-crawling | Sexual Offences (Northern Ireland) Order 2008 Art. 60 | as above |
| Persistent soliciting | Sexual Offences (Northern Ireland) Order 2008 Art. 61 | as above |
| Causing or inciting prostitution for gain | Sexual Offences (Northern Ireland) Order 2008 Art. 62 | as above |
| Controlling prostitution for gain | Sexual Offences (Northern Ireland) Order 2008 Art. 63 | as above |
| Keeping a brothel used for prostitution | Sexual Offences (Northern Ireland) Order 2008 Art. 64 | as above |
| Administering a substance with intent to engage in sexual activity | Sexual Offences (Northern Ireland) Order 2008 Art. 65 | as above |
| Committing an offence with intent to commit a sexual offence | Sexual Offences (Northern Ireland) Order 2008 Art. 66 | as above |
| Trespass with intent to commit a sexual offence | Sexual Offences (Northern Ireland) Order 2008 Art. 67 | as above |
| Sex with an adult relative: Penetration | Sexual Offences (Northern Ireland) Order 2008 Art. 68 | as above |
| Sex with an adult relative: Consenting to penetration | Sexual Offences (Northern Ireland) Order 2008 Art. 69 | as above |
| Exposure | Sexual Offences (Northern Ireland) Order 2008 Art. 70 | as above |
| Voyeurism | Sexual Offences (Northern Ireland) Order 2008 Art. 71 | as above |
| Intercourse with an animal | Sexual Offences (Northern Ireland) Order 2008 Art. 73 | as above |
| Sexual penetration of a corpse | Sexual Offences (Northern Ireland) Order 2008 Art. 74 | as above |
| Sexual activity in a public lavatory | Sexual Offences (Northern Ireland) Order 2008 Art. 75 | as above |
| Class E – Burglary etc. | Class E – Burglary etc. | Class E – Burglary etc. |
| Burglary | Theft Act (Northern Ireland) 1969 s. 9 | 1969 c. 16 |
| Going equipped to steal | Theft Act (Northern Ireland) 1969 s. 24 | as above |
| Classes F and G – Other offences of dishonesty | Classes F and G – Other offences of dishonesty | Classes F and G – Other offences of dishonesty |
| The following offences are always in Class F | The following offences are always in Class F | The following offences are always in Class F |
| Destruction of registers of births etc. | Forgery Act 1861 s. 36 | 1861 c. 98 |
| Making false entries in copies of registers sent to register | Forgery Act 1861 s. 37 | as above |
| The following offences are always in Class G | The following offences are always in Class G | The following offences are always in Class G |
| Counterfeiting notes and coins | Forgery and Counterfeiting Act 1981 s. 14 | 1981 c. 45 |
| Passing counterfeit notes and coins | Forgery and Counterfeiting Act 1981 s. 15 | as above |
| --- | --- | --- |
| Offences involving custody or control of counterfeit notes and coins | Forgery and Counterfeiting Act 1981 s. 16 | as above |
| Making, custody or control of counterfeiting materials etc. | Forgery and Counterfeiting Act 1981 s. 17 | as above |
| Illegal importation - counterfeit notes or coins | Customs and Excise Management Act 1979 s. 50 | 1979 c. 2 |
| Fraudulent evasion - counterfeit notes or coins | Customs and Excise Management Act 1979 s. 170(2)(b) and (c) | as above |
| Undischarged bankrupt being concerned in a company | Company Directors Disqualification (Northern Ireland) Order 2002 Art. 15 | N.I. 4 |
| The following offences are in Class G if the value involved exceeds £30,000 and in Class F otherwise | The following offences are in Class G if the value involved exceeds £30,000 and in Class F otherwise | The following offences are in Class G if the value involved exceeds £30,000 and in Class F otherwise |
| Theft | Theft Act (Northern Ireland) 1969 s. 1 | 1969 c. 16 |
| Removal of articles from places open to the public | Theft Act (Northern Ireland) 1969 s. 11 | as above |
| Abstraction of electricity | Theft Act (Northern Ireland) 1969 s. 13 | as above |
| Obtaining property by deception | Theft Act (Northern Ireland) 1969 s. 15 | as above |
| Obtaining money transfer by deception | Theft Act (Northern Ireland) 1969 s. 15A | as above |
| Obtaining pecuniary advantage by deception | Theft Act (Northern Ireland) 1969 s.16 | as above |
| False accounting | Theft Act (Northern Ireland) 1969 s. 17 | as above |
| Handling stolen goods | Theft Act (Northern Ireland) 1969 s. 21 | as above |
| Obtaining services by deception | Theft (Northern Ireland) Order 1978 Art. 3 | N.I. 23 |
| Evasion of liability by deception | Theft (Northern Ireland) Order 1978 Art. 4 | as above |
| Illegal importation - not elsewhere specified | Customs and Excise Management Act 1979 s. 50 | 1979 c. 2 |
| Counterfeiting Customs documents | Customs and Excise Management Act 1979 s. 168 | as above |
| Fraudulent evasion - not elsewhere specified | Customs and Excise Management Act 1979 s. 170(2)(b) and (c) | as above |
| Forgery | Forgery and Counterfeiting Act 1981 s. 1 | 1981 c. 45 |
| Copying false instrument with intent | Forgery and Counterfeiting Act 1981 s. 2 | as above |
| Using a false instrument | Forgery and Counterfeiting Act 1981 s. 3 | as above |
| Using a copy of a false instrument | Forgery and Counterfeiting Act 1981 s. 4 | as above |
| --- | --- | --- |
| Custody or control of false instruments etc. | Forgery and Counterfeiting Act 1981 s. 5 | as above |
| Offences in relation to dies or stamps | Stamp Duties Management Act 1891 s. 13 | 1891 c. 38 |
| Counterfeiting of dies or marks | Hallmarking Act 1973 s. 6 | 1973 c. 43 |
| Unauthorised use of trade mark, &c. in relation to goods | Trade Marks Act 1994 s. 92(1)(c) | 1994 c. 26 |
| VAT offences | Value Added Tax Act 1994 s. 72(1)-(8) | 1994 c. 23 |
| Fraudulent evasion of duty | Customs and Excise Management Act 1979 s. 170(1)(b) | 1979 c. 2 |
| Class H – Miscellaneous lesser offences | Class H – Miscellaneous lesser offences | Class H – Miscellaneous lesser offences |
| Possession of offensive weapon | Public Order (Northern Ireland) Order 1987 Art. 22(1) | N.I. 7 |
| Affray | Common law | |
| Assault with intent to resist arrest | Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 s. 7(1)(b) | 1968 c. 28 |
| Unlawful eviction and harassment of occupier | Rent (Northern Ireland) Order 1978 Art. 54 | N.I. 20 |
| Publishing, exhibiting, selling an indecent or obscene thing | Common law | |
| Buggery of males of 17 or over otherwise than in private | Criminal Justice (Northern Ireland) Order 2003 Art. 20 | N.I. 13 |
| Open and notorious lewdness | Common law | |
| Publicly exposing the naked person | Common law | |
| Offences of publication of obscene matter | Common law | |
| Keeping a disorderly house | Common law | |
| Procurement of intercourse by threats etc. | Criminal Law Amendment Act 1885 s. 3 | 1885 c. 69 |
| Causing or inciting prostitution for gain | Sexual Offences Act 2003 s. 52 | 2003 c. 42 |
| Detention of woman in brothel or other premises | Criminal Law Amendment Act 1885 s. 8 | 1885 c. 69 |
| Procurement of a woman by false pretences | Criminal Law Amendment Act 1885 s. 3(2) | as above |
| Trade descriptions offences (9 offences) | Trade Descriptions Act 1968 ss. 1, 8, 9, 12, 13, 14 and 18 | 1968 c. 29 |
| Misconduct endangering ship or persons on board ship | Merchant Shipping Act 1995 s. 58 | 1995 c. 21 |
| Obstructing engine or carriage on railway | Malicious Damage Act 1861 s. 36 | 1861 c. 97 |
| Offences relating to the safe custody of controlled drugs | Misuse of Drugs Act 1971 s. 11 | 1971 c. 38 |
| Possession of Class B or C drug | Misuse of Drugs Act 1971 s. 5(2) | as above |
| --- | --- | --- |
| Wanton or furious driving | Offences against the Person Act 1861 s. 35 | 1861 c. 100 |
| Dangerous driving | Road Traffic (Northern Ireland) Order 1995 Art. 10 | N.I. 18 |
| Forgery and misuse of driving documents | Road Traffic (Northern Ireland) Order 1981 Art. 174(2) | N.I. 1 |
| Mishandling or falsifying parking documents etc. | Road Traffic Regulation (Northern Ireland) Order 1997 Art. 23 | N.I. 2 |
| Aggravated vehicle taking | Road Traffic (Northern Ireland) Order 1981 Art. 172A | N.I. 1 |
| Forgery, alternation, fraud of licences etc. | Vehicle Excise and Registration Act 1994 ss. 44 and 45 | 1994 c. 22 |
| Making off without payment | Theft (Northern Ireland) Order 1978 Art. 5 | N.I. 23 |
| Agreeing to indemnify sureties | Common law | |
| Sending prohibited articles by post | Postal Services Act 2000 s. 85 | 2000 c. 26 |
| Impersonating Customs officer | Customs and Excise Management Act 1979 s. 13 | 1979 c. 2 |
| Obstructing Customs officer | Customs and Excise Management Act 1979 s. 16 | as above |
| Breach of anti-social behaviour order | Anti-social Behaviour (Northern Ireland) Order 2004 Art. 7 | N.I. 12 |
| Breach of sex offender order | Sexual Offences Act 2003 s. 113 | 2003 c. 42 |
| Racially-aggravated harassment/putting another in fear of violence | Protection from Harassment (Northern Ireland) Order 1997 Arts. 3 and 6, as amended by Criminal Justice (No. 2) (Northern Ireland) Order 2004 | 1997 N.I. 92004 N.I. 15 |
| Having an article with a blade or point in a public place | Criminal Justice Act 1988 s. 139 | 1988 c. 33 |
| Breach of harassment injunction | Protection from Harassment (Northern Ireland) Order 1997 Art. 5(6) | N.I. 9 |
| Putting people in fear of violence | Protection from Harassment (Northern Ireland) Order 1997 Art. 6(1) | as above |
| Breach of restraining order | Protection from Harassment (Northern Ireland) Order 1997 Art. 7 | as above |
| Being drunk when in aircraft | Air Navigation (No. 2) Order 1995 Art. 57 | 1995 No. 1970 |
| Breach of a Slavery and Trafficking Prevention Order | Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 | 2015 c. 9 (N.I.) |
| Breach of a Violent Offences Prevention Order | Justice Act (Northern Ireland) 2015 | 2015 c. 2 (N.I.) |
| --- | --- | --- |
| Class I – Offences against public justice and similar offences | Class I – Offences against public justice and similar offences | Class I – Offences against public justice and similar offences |
| Perverting the course of public justice | Common law | |
| Perjuries (7 offences) | Perjury (Northern Ireland) Order 1979 Arts. 3-12 | N.I. 9 |
| Corrupt transactions with agents | Prevention of Corruption Act 1906 s.1 | 1906 c. 34 |
| Corruption in public office | Public Bodies Corrupt Practices Act 1889 s.1 | 1889 c. 69 |
| Embracery | Common law | |
| Fabrication of evidence with intent to mislead a tribunal | Common law | |
| Personation of jurors | Common law | |
| Concealing an arrestable offence | Criminal Law Act (Northern Ireland) 1967 s. 5 | 1967 c. 18 |
| Assisting offenders | Criminal Law Act (Northern Ireland) 1967 s. 4(1) | as above |
| False evidence before European Court | European Communities Act 1972 s. 11 | 1972 c. 68 |
| Personating for purposes of bail etc. | Forgery Act 1861 s. 34 | 1861 c. 60 |
| Intimidating a witness, juror etc. | Criminal Justice (Northern Ireland) Order 1996 Art. 47(1) | N.I. 24 |
| Harming, threatening to harm a witness, juror etc. | Criminal Justice (Northern Ireland) Order 1996 Art. 47(2) | as above |
| Offences of prejudicing investigation | Proceeds of Crime Act 2002 s. 342 | 2002 c. 29 |
| False statement tendered under section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 | Perjury (Northern Ireland) Order 1979 Art. 4 | N.I. 9 |
| Statement tendered under Article 33 of the Magistrates’ Courts (Northern Ireland) Order 1981 | Perjury (Northern Ireland) Order 1979 Art. 4(1)(b) | as above |
| Making false statement to authorised officer | Trade Descriptions Act 1968 s. 29(2) | 1968 c. 29 |
| Conspiring to commit offences outside the United Kingdom | Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 Art. 9A | N.I. 13 |
15B
- (1) This paragraph applies where, following the conviction of the assisted person, there is a change of representative and the court grants a fresh criminal aid certificate for the purposes of the sentencing hearing.
- (2) Subject to sub-paragraph (3), the fixed fee payable to the new representative for preparation work for attending at the sentencing 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 PPE Range.
- (3) Where the PPE Range exceeds 1,000 pages an additional fee shall be payable to the new representative of £1.16 per each additional page, up to a maximum of fifty per cent of the Basic Trial Fee as appropriate to the representative (including the category of counsel instructed, as applicable), the Class of Offence involved and the actual duration of the trial.
4A
- (1) This paragraph applies to the following offences—
- (a) causing death by dangerous driving, contrary to Article 9 of the Road Traffic (Northern Ireland) Order 1995;
- (b) causing death by careless driving while under the influence of drink or drugs, contrary to Article 14 of the Road Traffic (Northern Ireland) Order 1995;
- (c) aggravated vehicle taking resulting in death, contrary to Article 172B of the Road Traffic (Northern Ireland) Order 1981.
- (2) Notwithstanding the provisions in paragraphs 4 and 5(1)(a), for the purpose of this Schedule, the offences listed in sub-paragraph (1) shall be deemed to fall within Class D, rather than Class B, in the Table of Offences.
7
- (1) This paragraph applies where a fee is payable to a solicitor under this Part.
- (2) Where the PPE Range exceeds the upper limit specified in the Table of Basic Trial Fees payable to a solicitor, as appropriate to the Class of Offence involved, an additional fee shall be payable to the solicitor of £1 per each additional page.
9A
- (1) This paragraph applies where a Trial Preparation Fee is payable to a representative under this Part.
- (2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the representative of £1.16 per each additional page.
15C
- (1) This paragraph applies to—
- (a) the hearing of an application for a sexual offences prevention order under section 104 of the Sexual Offences Act 2003;
- (b) the hearing of an application for a disqualification order under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
- (c) the hearing of an application for an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008; ...
- (d) the hearing of an application for an extended custodial sentence under Article 14 of the Criminal Justice (Northern Ireland) Order 2008 ;
- (e) the hearing of an application for a Slavery and Trafficking Prevention Order under paragraph 2, 6 or 7 of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015; and
- (f) the hearing of an application for a Violent Offences Prevention Order under section 57, 60 or 61 of the Justice Act (Northern Ireland) 2015.
- (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 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) In determining the duration of an application for the purpose of sub-paragraph (2), there shall be excluded the period of time during any luncheon adjournment.
16A
- (1) This paragraph applies where the assisted person applies to a magistrates’ court for bail under section 91 of the Justice Act (Northern Ireland) 2011.
- (2) The fixed fee of £209 shall be payable to a solicitor in respect of the hearing of the bail application, and paragraph 16(1)(c) shall not apply in respect of that hearing.
| Public Protection | |||||
|---|---|---|---|---|---|
| Application | |||||
| Fee 1(hearing not exceeding 1.5 hours) | £100 | £94 | £63 | £82 | |
| Fee 1(hearing not exceeding 1.5 hours) | |||||
| Public Protection | |||||
| Application Fee 2(hearing exceeding 1.5 hours but not exceeding 3 hours) | 15C | £200 | £150 | £100 | £130 |
| Public Protection | |||||
| Application Fee 3(hearing exceeding 3 hours) | £400 | £300 | £200 | £260 | |
| Consultation/views | 18(1) | £63 per hour | £47 per hour | £31 per hour | £41 per hour |
| Listening to or viewing tapes etc. | 18(2) | £27 per 10 minutes | £20 per 10 minutes | £14 per 10 minutes | £18 per 10 minutes |
| Court-ordered youthconference | |||||
| Lower standard fee (conferences lasting up to and including 1 hour) | N/A | N/A | N/A | £70 | |
| Lower standard fee (conferences lasting up to and including 1 hour) | 18A | N/A | N/A | N/A | £70 |
| Principal standard fee | |||||
| (conferences lasting more than 1 hour but not exceeding 2 hours) | N/A | N/A | N/A | £112.50 |
7A
- (1) This paragraph applies where a fee is payable to a solicitor under this Part.
- (2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the solicitor of £1.16 per each additional page.
Exceptional Preparation – Application for Certificate of Exceptionality
11A
- (1) Where a representative considers that a case (or part of a case which is the subject-matter of the application) –
- (a) involves a point of law or factual issue that is very unusual or novel;
- (b) additional preparation work is reasonably required on the part of the representative in order to prepare the assisted person’s defence; and
- (c) that work is substantially in excess of the amount normally required for cases of the same type,
the representative may apply to the Department for a Certificate of Exceptionality in accordance with the provisions of this rule.
- (2) The application may be submitted by a representative on his own behalf or on behalf of himself and another representative of the assisted person.
- (3) The application shall be submitted by the representative at the earliest opportunity after the assisted person has been returned for trial and, subject to paragraph (4), not later than the commencement of the trial.
- (4) If satisfied that it was not reasonably practicable for the representative to submit the application earlier, the Department may accept such application after the commencement of the trial.
- (5) The application shall be submitted to the Department in such form and manner as it may direct, specifying –
- (a) the basis upon which the application is made;
- (b) the nature of the work which is the subject-matter of the application;
- (c) the number of additional hours sought for each piece of work which is the subject-matter of the application; and
- (d) the representative or other fee-earner who will be responsible for each piece of the work.
- (6) A representative applying for additional funding under this rule shall supply such further information and documents (including a Costed Case Plan) as may be required by the Department in support of the application.
- (7) In this rule a “Costed Case Plan” means a case plan in such form as the Department may direct setting out the additional preparation work which the representative is proposing to undertake, together with the estimated hours and cost of same in accordance with the prescribed hourly rates of payment applicable to that category of representative or other fee-earner.
Exceptional Preparation – Determination of application
11B
- (1) The Department may grant an application for a Certificate of Exceptionality only if it is satisfied that each of the criteria prescribed in rule 11A(1) is met.
- (2) Subject to paragraph (1), the Department shall grant a Certificate of Exceptionality to each representative it deems satisfies the criteria.
- (3) If it is not satisfied that the criteria prescribed in rule 11A(1) are met, the Department shall refuse the application or, if it considers it appropriate to do so, it may defer its decision on the application until such time as the representative supplies further information to satisfy the criteria.
- (4) The Department shall communicate its decision made under this rule, together with its reasons for refusing the application or deferring its decision, as applicable, in writing to the representative (or each representative, as applicable).
Exceptional Preparation – Grant of application
11C
- (1) This rule applies where the Department grants a Certificate of Exceptionality under rule 11B.
- (2) The Department shall authorise additional hours by the representative or other fee-earner, as applicable, at the rate specified in the relevant table following rule 11E(7), up to a specified maximum to cover such additional preparation work as it will approve under the Certificate.
- (3) Where the Department has authorised additional preparation work under paragraph (2), the representative may carry out such additional work up to the maximum number of hours specified under the Certificate.
- (4) If further hours of preparation work are required, in excess of those authorised under paragraph (2), the representative shall apply in advance to the Department for an extension under the Certificate.
- (5) Without prejudice to paragraphs (2) to (4), the Department shall require the representative (or each representative, as applicable) –
- (a) to record contemporaneously the number of hours the representative or other fee-earner spends in preparation work on the case, together with a description of the nature of the work performed on each occasion and a note of the fee-earner performing that work, as applicable;
- (b) to maintain such records in a permanently accessible format; and
- (c) to provide periodic reports and projections as to the future costs of the case to the Department at such times and in such a form as the Department shall direct.
- (6) The periodic reports provided to the Department under paragraph (5)(c) shall, if so directed by the Department, include copies of the records maintained by the representative under paragraph (5)(b).
- (7) If a representative fails to comply with paragraph (5) without good reason, the Department shall revoke the Certificate granted to that representative, provided that the Certificate shall not be revoked unless the representative has been permitted a reasonable opportunity to show cause in writing why the Certificate should not be revoked.
- (8) Where a Certificate of Exceptionality granted to a representative has been revoked under paragraph (7), that representative’s fees shall be determined under rule 8 or 11, as appropriate, as if the Certificate had never been granted.
Exceptional Preparation – Appeal to the taxing master
11D
- (1) A representative may appeal to the taxing master against a decision made by the Department under rule 11B or 11C and, subject to rule 19, such an appeal shall be instituted within 21 days of receiving notification of the decision by giving notice in writing to the taxing master.
- (2) The provisions of rule 14(3) to (13) shall apply with the necessary modifications to an appeal brought under paragraph (1).
- (3) The decision of the taxing master on an appeal under paragraph (2) shall be final.
Exceptional Preparation – Determination of representatives’ fees
11E
- (1) This rule applies to the determination of fees where the fees are claimed by a representative to whom a Certificate of Exceptionality has been granted under rule 11B, and that certificate has not been revoked under rule 11C.
- (2) Fees payable under this rule shall be assessed and determined by the Department in accordance with this rule and having regard to such directions and guidance as may be issued by the Department.
- (3) When determining the fees payable to a representative under paragraph (2), the Department shall –
- (a) have regard to any standard fees payable to the representative under rule 8 or rule 11, as appropriate;
- (b) assess the fees claimed for any additional preparation work based only on the hours recorded in the contemporaneous records maintained by the representative; and
- (c) where it decides that an additional payment is required under Article 37 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, allow fees for such additional preparation work at rates no higher than those set out for the appropriate representative (or other fee-earner, as applicable) in the relevant table following paragraph (7).
- (4) If the Department authorised additional preparation work under rule 11C(1) to (4) –
- (a) the representative shall account to the Department for the manner in which any authorised hours were expended; and
- (b) the work allowed this rule shall not exceed the total number of hours so authorised.
- (5) The Department shall not allow payment for any additional hours claimed under the Certificate of Exceptionality unless satisfied by the representative that the additional preparation work was reasonably undertaken and properly done.
- (6) The Department may require the representative to provide any further information which it requires for the purpose of the determination under this rule.
- (7) Any fees allowed under this rule shall be paid to the representative together with the standard fees allowed under Schedule 1.
| Senior Solicitor | Solicitor | An apprentice or fee earner of equivalent experience | ||
|---|---|---|---|---|
| Hourly rate | £130 | £90 | £50 | |
| Queen’s Counsel | Leading Junior Counsel | Led Junior Counsel | Sole Junior Counsel | |
| Hourly rate | £130 | £105 | £80 | £90 |
| Solicitor with at least three years’ standing | Solicitor with less than three years’ standing | |||
| Hourly rate | £90 | £45 |
- (8) For the purposes of this rule “senior solicitor” means a solicitor who has not less than eight years’ post qualification experience in criminal defence work.
- (9) The provisions of rules 4, 7, 8(1), 10, 11(1) and 12 to 15 shall apply with the necessary modifications to the fees payable under this rule.
Payment of costs
Redetermination of costs by Commission
Appeals to the taxing master
Appeals to the High Court
Very High Cost Cases – Certification
Very High Cost Cases – Determination of representatives' fees
Very High Cost Cases – Review by the taxing master
Very High Cost Cases – Appeals to the High Court
Restriction on payment
Time limits
Review
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) 2016.
- (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.
| 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 |
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.