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The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011

Type Ni-Statutory-Rule
Publication 2011-03-23
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

Made: 23rd March 2011

Coming into operation: 13th April 2011

In accordance with Article 37 of that Order, the Department has had regard to the matters specified in that Article.

Citation, commencement and application

1

These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011 and shall come into operation on 13th April 2011.

2

In these Rules a reference to a rule or Schedule by number alone is a reference to the rule or Schedule so numbered in or to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005[^f00003].

3

  • (1) Subject to paragraph (2), these Rules 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 Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 on or after 13th April 2011.
  • (2) The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 continue to apply as if these Rules had not been made in respect of cases in which a criminal aid certificate was granted under Article 29, or deemed to have been granted under Article 36(2), of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 before 13th April 2011.

4

The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 are amended as follows.

5

In each place where it appears, for “advocate” substitute “counsel”.

6

In rule 2—

  • (a) omit the definition of ‘advocate’;
  • (b) omit the definition of ‘Certificate of Exceptionality’;
  • (c) after the definition of ‘counsel’, insert–
  • “court-ordered youth conference” has the meaning given by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998[^f00004];
  • “the Department” means the Department of Justice established by the Department of Justice Act (Northern Ireland) 2010[^f00005];
  • (d) omit the definition of ‘the Court Service’;
  • (e) after the definition of ‘main hearing’, insert—
  • “meeting” has the meaning given by Article 3A(1) and (2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;
  • (f) after the definition ‘the Order’, insert–
  • “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, and records of interviews with other defendants, served on the court;
  • “Queen’s Counsel” includes senior counsel practising outside of Northern Ireland;
  • (g) after the definition of ‘taxing master’, insert—
  • “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.
  • (h) omit the definitions of ‘a Very High Cost Case’ and ‘a Very High Cost Case Certificate’.

7

In rule 4—

  • (a) in paragraph (1), omit “Subject to rules 16 and 17,”;
  • (b) after paragraph (2), insert—

(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.

8

After rule 4, insert—

(4A) (1) Where a solicitor exercising his right of audience under section 50 of the Judicature (Northern Ireland) Act 1978[^f00006] conducts a trial or hearing without counsel he shall be entitled to an enhancement of his costs in accordance with this rule. (2) Subject to paragraphs (4) to (6), where the solicitor has at least three years’ standing, the amount of any enhancement under this rule shall be the standard fee to which a sole junior counsel, if conducting the trial or hearing, would have been entitled. (3) Subject to paragraphs (4) to (6), where the solicitor has less than three years’ standing, the amount of any enhancement under this rule shall be fifty per cent of the standard fee to which a sole junior counsel, if conducting the trial or hearing, would have been entitled. (4) This rule also applies where a criminal aid certificate was granted for two counsel and a solicitor conducts the trial or hearing with or without a second counsel. (5) Where the solicitor has at least three years’ standing, the amount of any enhancement under this rule shall be the standard fee to which a leading junior counsel (or led junior counsel, as applicable), if conducting the trial or hearing, would have been entitled. (6) Where the solicitor has less than three years’ standing, the amount of any enhancement under this rule shall be fifty percent of the standard fee to which a leading junior counsel (or led junior counsel, as applicable), if conducting the trial or hearing, would have been entitled.

9

Omit rule 7(4).

10

In rule 8—

  • (a) omit paragraphs (4) to (14);
  • (b) after paragraph (3), insert–

(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 Commission 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 Commission 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.

11

Omit rule 10(4).

12

In rule 11—

  • (a) omit paragraphs (4) to (8);
  • (b) after paragraph (3), insert–

(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 Commission 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 Commission 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.

13

In rule 13—

  • (a) in paragraph (1)–
  • (i) omit sub-paragraph (b);
  • (ii) omit “, to review the decision”;
  • (b) in paragraph (6)(a), omit “or the decision referred to in paragraph (1)(b), as the case may be,”;
  • (c) omit paragraph (9).

14

Omit rule 14(15).

15

Omit rules 16, 16A, 16B, 16C, 17, 17A and 17B.

16

In rule 19(1)(a), for the words “, 15, 16 or 17” substitute “or 15”.

17

In rule 20(4)(a), after “the Lord Chief Justice,” insert “the Attorney General,”.

18

In Schedule 1—

  • (a) omit paragraph 1;
  • (b) following paragraph 7, for the Tables of Basic Trial Fees and Refresher Fees, substitute the following Tables–
Actual Duration of Trial Actual Duration of Trial Actual Duration of Trial Actual Duration of Trial
Offence falling within Trial Fee 1 1 to 8 days Trial Fee 2 9 to 16 days Trial Fee 3 17 to 80 days
Class A £6,465 £8,599 £12,868
Class B £2,325 £3,348 £4,888
Class C £1,425 £2,038 £2,955
Class D £3,600 £5,400 £7,182
Class E £1,425 £2,038 £2,955
Class F £1,650 £2,360 £3,422
Class G £2,700 £4,050 £5,387
Class H £1,425 £2,038 £2,955
Class I £1,425 £2,038 £2,955
Queen’s Counsel Queen’s Counsel Queen’s Counsel Queen’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
1 to 8 days 9 to 16 days 17 to 24 days
Class A £6,000 £8,000 £12,000
Class B £3,200 £4,600 £6,700
Class C £2,800 £4,000 £5,800
Class D £4,000 £6,000 £8,000
Class E £2,800 £4,000 £5,800
Class F £2,800 £4,000 £5,800
Class G £4,000 £6,000 £8,000
Class H £2,800 £4,000 £5,800
Class I £2,800 £4,000 £5,800
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
1 to 8 days 9 to 16 days 17 to 24 days
Class A £4,500 £6,000 £9,000
Class B £2,400 £3,450 £5,025
Class C £2,100 £3,000 £4,350
Class D £3,000 £4,500 £6,000
Class E £2,100 £3,000 £4,350
Class F £2,100 £3,000 £4,350
Class G £3,000 £4,500 £6,000
Class H £2,100 £3,000 £4,350
Class I £2,100 £3,000 £4,350
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
1 to 8 days 9 to 16 days 17 to 24 days
Class A £3,600 £4,800 £7,200
Class B £1,920 £2,760 £4,020
Class C £1,400 £2,000 £2,900
Class D £2,000 £3,000 £4,000
Class E £1,400 £2,000 £2,900
Class F £1,400 £2,000 £2,900
Class G £2,000 £3,000 £4,000
Class H £1,400 £2,000 £2,900
Class I £1,400 £2,000 £2,900
Sole Junior Counsel Sole Junior Counsel Sole Junior Counsel Sole Junior Counsel
--- --- --- ---
Action Duration of Trial Action Duration of Trial Action Duration of Trial Action Duration of Trial
Offence falling within Trial Fee 1 Trial Fee 2 Trial Fee 3
1 to 8 days 9 to 16 days 17 to 24 days
Class A £3,900 £5,200 £7,800
Class B £2,080 £2,990 £4,355
Class C £1,820 £2,600 £3,770
Class D £2,600 £3,900 £5,200
Class E £1,820 £2,600 £3,770
Class F £1,820 £2,600 £3,770
Class G £2,600 £3,900 £5,200
Class H £1,820 £2,600 £3,770
Class I £1,820 £2,600 £3,770
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
2 to 8 days 9 to 16 days 17 to 80 days
Full Day £375 £450 £525
Half Day £188 £225 £263
Queen’s Counsel Queen’s Counsel Queen’s Counsel Queen’s Counsel
--- --- --- ---
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
2 to 8 days 9 to 16 days 17 to 24 days
Full Day £400 £480 £560
Half Day £200 £240 £280
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 Classes A to I Refresher Fee 1 Refresher Fee 2 Refresher Fee 3
2 to 8 days 9 to 16 days 17 to 24 days
Full Day £300 £360 £420
Half Day £150 £180 £210
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 Classes A to I Refresher Fee 1 Refresher Fee 2 Refresher Fee 3
2 to 8 days 9 to 16 days 17 to 24 days
Full Day £200 £240 £280
Half Day £100 £120 £140
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
Offence falling within Classes A to I Refresher Fee 1 Refresher Fee 2 Refresher Fee 3
2 to 8 days 9 to 16 days 17 to 24 days
Full Day £260 £312 £364
Half Day £130 £156 £182
  • (c) in paragraph 8(2)—
  • (i) after “subject to paragraphs” insert “10A, 14, 15A, 18A, 18B,”;
  • (ii) omit “(and also to paragraph 10 in respect of an advocate)”;
  • (d) in paragraph 9, after “according to paragraph 5” insert “and furthermore, where the case was a Guilty Plea 2, the PPE Range”;
  • (e) following paragraph 9, for the Tables of Guilty Plea Fees, substitute the following Tables—
Offence falling within Fee
Class A £5,813
Class B £1,395
Class C £926
Class D £2,880
Class E £926
Class F £990
Class G £1,620
Class H £926
Class I £926
Offence falling within Queen’s Counsel Fee
--- ---
Class A £2,860
Class B £1,820
Class C £1,560
Class D £1,976
Class E £1,560
Class F £1,560
Class G £1,976
Class H £1,560
Class I £1,560
Offence falling within PPE Range
--- ---
Class A 1 – 750
Class A 751 – 3,000
Class A 3,001+
Class B 1 – 687
Class B 688 – 1,462
Class B 1,463 +
Class C 1 – 714
Class C 715 – 1,262
Class C 1,263 +
Class D 1 – 733
Class D 734 – 1,631
Class D 1,632 +
Class E 1 – 750
Class E 751 – 1,636
Class E 1,637 +
Class F 1 – 677
Class F 678 – 1,225
Class F 1,226 +
Class G 1 – 750
Class G 751 – 1,750
Class G 1,751 +
Class H 1 – 750
Class H 751 – 1,443
Class H 1,444 +
Class I 1 – 870
Class I 871 – 1,606
Class I 1,607 +
Offence falling within PPE Range
--- ---
Class A 1 – 750
Class A 751 – 3,000
Class A 3,001 +
Class B 1 – 687
Class B 688 – 1,462
Class B 1,463 +
Class C 1 – 714
Class C 715 – 1,262
Class C 1,263 +
Class D 1 – 733
Class D 734 – 1,631
Class D 1,632 +
Class E 1 – 750
Class E 751 – 1,636
Class E 1,637 +
Class F 1 – 677
Class F 678 – 1,225
Class F 1,226 +
Class G 1 – 750
Class G 751 – 1,750
Class G 1,751+
Class H 1 – 750
Class H 751 – 1,443
Class H 1,444 +
Class I 1 – 870
Class I 871 – 1,606
Class I 1,607 +
  • (f) under the heading “PART 4”, for the words “FIXED AND TIME-BASED FEES” substitute “ADDITIONAL FEES”;
  • (g) omit paragraph 10;
  • (h) under the heading ‘Additional Fees’, insert—

(10A) Where the PPE Range exceeds 750, the fee set out in the Table following paragraph 19 as appropriate to the number of pages shall be payable to the solicitor.

  • (i) after paragraph 15, insert—

(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.

  • (j) after paragraph 18, insert—

(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 Commission 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 £44.75 per hour to a solicitor and £29.25 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.

  • (k) for paragraph 19(2), substitute—

(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.

  • (l) following paragraph 19, for the Tables of Fixed and Time-based Fees, substitute the following Tables—
Type of work Paragraph providing for fee Fee
PPE Enhanced Fee
PPE Range
751 – 1,000 pages £1,150
1,001 – 1,250 pages £2,300
1,251 – 1,500 pages £3,450
1,501 – 1,750 pages 10A £4,600
1,751 – 2,000 pages £5,750
2,001 – 2,250 pages £6,900
2,251 – 2,500 pages £8,050
2,501 + pages An additional £1,150 per additional 250 pages
Arraignment – Not Guilty 11 £90
Standby Fee 12(1) £375
Appearing at deferred sentencing hearing 15(1)(a) £188
Appearing at other sentencing hearing 15(1)(b) £100
Late sitting fee 17 £188
Cases within paragraph 2 19 £563
Application Fee 1 (hearing not exceeding 1.5 hours) £113
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours) 12(2), 13, 14 and 16 £188
Application Fee 3 (hearing exceeding 3 hours) £375
Court-ordered youth conference
Lower standard fee (conferences lasting up to and including 1 hour) 18A £70
Principal standard fee (conferences lasting more than 1 hour but not exceeding 2 hours) £112.50
Type of work Paragraph providing for fee Queen’s Counsel Fee
--- --- ---
Arraignment – Not Guilty 11 £120
Standby Fee 12(1) £400
Appearing at deferred sentencing hearing 15(1)(a) £320
Appearing at other sentencing hearing 15(1)(b) £240
Skeleton argument 15A and 18B £250
Late sitting fee 17 £200
Cases within paragraph 2 19 £600
Application Fee 1 (hearing not exceeding 1.5 hours) £100
Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours) 12(2), 13, 14 and 16 £200
Application Fee 3 (hearing exceeding 3 hours) £400
Consultations/views 18(1) £63 per hour
Listening to or viewing tapes etc. 18(2) £27 per 10 minutes
Court-ordered youth conference
Lower standard fee (conferences lasting up to and including 1 hour) 18A N/A
Principal standard fee (conferences lasting more than 1 hour but not exceeding 2 hours) N/A
  • (m) for paragraph 21, substitute—

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

19

Omit Schedule 2.

20

For Schedule 3, substitute—

SCHEDULE 3

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
--- --- ---
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 law Prison Act (Northern Ireland) 1953 s. 31 1953 c. 18
Rescue Common law Prison Act (Northern Ireland) 1953 s. 29 as above
Escaping from lawful custody without force Common law Prison Act (Northern Ireland) 1953 s. 26 as above
Breach of prison Common law Prison 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. 100 2004 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. 4 2004 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. 9 2004 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
--- --- ---
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

21

The Legal Aid for Youth Conferences (Costs) Rules (Northern Ireland) 2003[^f00007] are revoked.

Signed

Sealed with the Official Seal of the Department of Justice on 23rd March 2011

David Ford — Minister of Justice

The Department of Finance and Personnel hereby approves the foregoing Rules

Sealed with the Official Seal of the Department of Finance and Personnel on 23rd March 2011

W.A.N. Arbuthnot — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005, which 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 Rules—

  • re-set the basis for remunerating solicitors who exercise their right of audience to conduct a case in the Crown Court without counsel (rules 5, 6(a), 7(b) and 8);
  • revoke the provision made for increased levels of standard fees in exceptional cases (rules 6(b), 9, 10(a), 11 and 12(a));
  • revoke the separate provision made for special hourly rates of payment in very high cost cases (rules 6(h), 7(a), 15 and 19);
  • extend the range of standard fees to cover all trials lasting up to 80 days in duration (rule 18(b));
  • substitute reduced levels of standard fees for guilty pleas, trials and other hearings (rules 18(b), (e) and (l));
  • introduce new fixed fees for certain skeleton arguments (rule 18(i) and (j));
  • make a consolidating provision for the payment of standard fees in respect of court-ordered youth conferences (rules 18(j) and 21);
  • expand the relevant entries in the Table of Offences in respect of Class D offences to reflect the changes made by way of the Sexual Offences (Northern Ireland) Order 2008 (rule 20); and
  • make other minor and consequential amendments.

Footnotes

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