The Magistrates’ Courts (Costs in Criminal Cases) (Amendment) Rules (Northern Ireland) 2012

Made: 3rd December 2012

Coming into operation: 1st January 2013

The Magistrates’ Courts Rules Committee makes the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981[^f00001] and section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968[^f00002] after consultation with the Department of Justice and with the agreement of the Lord Chief Justice.

Citation and commencement

1

These Rules may be cited as the Magistrates’ Courts (Costs in Criminal Cases) (Amendment) Rules (Northern Ireland) 2012 and shall come into operation on 1st January 2013.

Amendments to the Magistrates’ Courts (Costs in Criminal Cases) Rules (Northern Ireland) 1988

2

The Magistrates’ Courts (Costs in Criminal Cases) Rules (Northern Ireland) 1988[^f00003] shall be amended as follows.

3

In rule 4—

• (a) for “Secretary of State”, substitute “Director of Public Prosecutions”;

• (b) for the words from “the amount” to “Schedule 1”, substitute—

the court may order the payment of— (a) such amount as it thinks just, in respect of the remuneration and outlay (other than outlay incurred in connection with witnesses recoverable under rule 5 and the Schedule) of the solicitor for the prosecution or, as the case may be, the defence in taking instructions, preparing the case, attending in court and, where counsel is not instructed, conducting the proceedings at the hearing and in respect of all other reasonable charges incidental to the proceedings; (b) where it is reasonable to instruct counsel, such amount as it thinks just in respect of counsel’s fees; or (c) such amount for costs and outlay incurred by a party appearing in person as it thinks just

4

In rule 5, for “Schedule 2”, substitute “the Schedule”.

5

Omit Schedule 1.

6

For Schedule 2, substitute the Schedule set out in the Schedule to these Rules.

SCHEDULE

Signed

William A McNally — Peter Luney — Robin Steer — John Rea — Dated 3rd December 2012

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Magistrates’ Courts (Costs in Criminal Cases) Rules (Northern Ireland) 1988 (S.R. 1988 No. 136) so as to remove the maximum amount payable for fees of solicitors or counsel; update the amounts payable in connection with the attendance of witnesses, etc.; and substitute reference to the Secretary of State with reference to the Director of Public Prosecutions in consequence of paragraph 3 of Schedule 14 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I.2010/976).

Footnotes

[^f00001]: S.I. 1981/1675 (N.I. 26): Article 13 was amended by paragraph 65 of Schedule 5 and by Schedule 18 to the Constitutional Reform Act 2005 (c.4); and by paragraph 133 of Schedule 18 to S.I. 2010/976.

[^f00002]: 1968 c.10 (N.I.): section 7 was amended by rule 48 of S.R. 1979 No. 90.

[^f00003]: S.R. 1988 No. 136; to which the most recent relevant amendment was made by S.R. 2008 No. 363.