(1) This paragraph applies to a case in the magistrates’ court which was listed for, but did not proceed as, a contest because the assisted person pleaded guilty to one or more charges.

(2) Subject to sub-paragraph (3), the additional fee set out in the Table following paragraph 9 shall be payable, as appropriate to the representative and the offence with which the assisted person was charged.

(3) Where the court assigned counsel under Article 28 of the 1981 Order, the additional fee shall be payable to counsel but not to the solicitor.

8B

(1) This paragraph applies to a case which was listed for committal to the Crown Court, whether or not the assisted person was in fact returned for trial.

(2) Where the number of pages of prosecution evidence forming part of the committal bundle exceeds 750 pages, the additional fee set out in the Table following paragraph 9 shall be payable as appropriate to the representative.

(3) For the purposes of this paragraph the pages of prosecution evidence forming part of the committal bundle includes all witness statements, documentary and pictorial exhibits, records of interviews with the assisted person and records of interviews with other defendants.

Youth conference cases

12A

(1) This paragraph applies where the assisted person failed to appear in court, the case proceeded as a contest and, upon conviction, an arrest warrant was issued.

(2) Without prejudice to any fee which may be payable under paragraph 4 ..., when the arrest warrant is executed and the assisted person is produced again in court, an additional fee shall be payable.

(3) Subject to sub-paragraph (4), the additional fee payable under sub-paragraph (2) shall be fifty per cent of the standard Guilty Plea Fee provided for in Part 2 as appropriate to the representative and the offence with which the assisted person was charged.

(4) Where a significant period of time had elapsed since the issuing of the arrest warrant, the Commission may, at its discretion, allow up to one hundred per cent of the standard Guilty Plea Fee.

Breach of court order

Applications

Dismissal or withdrawal of representative

15A

(1) This paragraph applies where, following the conviction of the assisted person, there is a change of representative in the magistrates’ court and the court grants a fresh criminal aid certificate for the purposes of the sentencing hearing.

(2) The fee payable to the new representative shall be fifty per cent of the standard Guilty Plea Fee provided for in Part 2 as appropriate to the representative and the offence with which the assisted person was charged.

Limited certificates

Withdrawn or discontinued cases

Deferred sentence fee

Fine default Hearings

18A

(1) This paragraph applies where a criminal aid certificate was granted for—

(a) a Fine Default Hearing; or

(b) a Referral Hearing.

(2) A single fixed fee of £87 shall be payable for all work undertaken by an assigned solicitor in respect of a Fine Default Hearing or a Referral Hearing.

(3) In this paragraph─

“a Fine Default Hearing” means a hearing at which the court considers the exercise of its powers under Article 92 of the Magistrates’ Courts (Northern Ireland) Order 1981; and

“a Referral Hearing” means a hearing at which the court considers the exercise of its powers under section 9 of the Justice Act (Northern Ireland) 2016.

Newton Hearings

18B

(1) This paragraph applies where a Newton hearing took place in the magistrates’ court.

(2) An uplift of seventy five per cent shall be payable on the standard Guilty Plea Fee provided for in Part 2 as appropriate to the representative and the offence with which the assisted person was charged.

Late sitting fee

Senior counsel

Travelling allowance – solicitors

Travelling allowance – counsel

Exceptional Preparation – Application for Certificate of Exceptionality

10A

(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

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 Public Prosecution Service has settled the charges against the assisted person.

(4) The application shall be submitted to the Department in such form and manner as the Department 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;

(d) the representative or other fee-earner who will be responsible for each piece of the work.

(5) 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.

(6) 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

10B

(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 10A(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 10A(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

10C

(1) This rule applies where the Department grants a Certificate of Exceptionality under rule 10B.

(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 10E(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 6 or 8, as appropriate, as if the Certificate had never been granted.

Exceptional Preparation – Appeal to the taxing master

10D

(1) A representative may appeal to the taxing master against a decision made by the Department under rule 10B or 10C and, subject to rule 15, 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 13(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 (1) shall be final.

Exceptional Preparation – Determination of representatives’ fees

10E

(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 10B, and that certificate has not been revoked under rule 10C.

(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 6 or rule 8, 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 10C(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	£100	£80	£40
	Queen’s Counsel	Junior Counsel
---	---	---
Hourly rate	£100	£80

(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 5, 6, 8 and 11 to 13 shall apply with the necessary modifications to the fees payable under this rule.

Payment of costs

Reasons for Commission decisions

Appeals to the taxing master

Restriction on payment

Time limits

Review

Fine Default Hearings and Referral Hearings

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