S.I. No. 713/2003 - Criminal Justice (Legal Aid) (Amendment) Regulations 2003

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid (Amendment) Regulations 2003.

(2) The Criminal Justice (Legal Aid) Regulations 1965 to 2002 and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations 1965 to 2003.

(3) These Regulations shall come into operation on 1 January 2004.

2. (1) In these Regulations “prison” means a place of custody administered by the Minister for Justice, Equality and Law Reform other than a Garda Síochána station.

(2) In these Regulations a reference to a Schedule is a reference to a Schedule to these Regulations

3. (1) The scales of payment of fees payable to a solicitor assigned, pursuant to a legal aid certificate, to a person charged before the District Court or to an appellant in the Circuit Court shall be as follows

(a) from 1 January 2004 to 30 June 2004, those specified in Part 1 of Schedule 1,

(b) from 1 July 2004 to 30 November 2004, those specified in Part 1 of Schedule 3, and

(c) from 1 December 2004, those specified in Part 1 of Schedule 5.

(2) The rate of payment of fee payable to a solicitor assigned, pursuant to a legal aid certificate, to a person before the Circuit Court or Special Criminal Court in relation to an application to be admitted to bail that is contested by the prosecution shall be as follows

(a) from 1 January 2004 to 30 June 2004, that specified in Part 2 of Schedule 1,

(b) from 1 July 2004 to 30 November 2004, that specified in Part 2 of Schedule 3, and

(c) from 1 December 2004, that specified in Part 2 of Schedule 5.

(3) The rate of payment of fee payable to a solicitor assigned, pursuant to a legal aid certificate, to a person in respect of any visit to the person in prison that is essential to the preparation and conduct of the person's defence, appeal or case stated as the case may be, shall be as follows

(a) from 1 January 2004 to 30 June 2004, that specified in Part 3 of Schedule 1,

(b) from 1 July 2004 to 30 November 2004, that specified in Part 3 of Schedule 3, and

(c) from 1 December 2004, that specified in Part 3 of Schedule 5.

4. (1) The rate of payment of fee payable to counsel assigned, pursuant to a legal aid certificate, to a person before the Circuit Court or Special Criminal Court in relation to an application to be admitted to bail that is contested by the prosecution shall be as follows

(a) from 1 January 2004 to 30 June 2004, that specified in Part 1 of Schedule 2,

(b) from 1 July 2004 to 30 November 2004, that specified in Part 1 of Schedule 4, and

(c) from 1 December 2004, that specified in Part 1 of Schedule 6.

(2) The rate of payment of fee payable to counsel assigned, pursuant to a legal aid certificate, to a person in respect of any visit to the person in prison that is essential to the preparation and conduct of the person's defence, appeal or case stated, as the case may be, shall be as follows

(a) from 1 January 2004 to 30 June 2004, that specified in Part 2 of Schedule 2,

(b) from 1 July 2004 to 30 November 2004, that specified in Part 2 of Schedule 4, and

(c) from 1 December 2004, that spedified in Part 2 of Schedule 6.

5. The Criminal Justice (Legal Aid) (Amendment) Regulations 2002 (

S.I. No. 575 of 2002

) are revoked.

SCHEDULE 1

SOLICITORS' FEES

Part 1

District Court and appeals to Circuit Court

DEFENDANT / APPELLANT

FIRST DAY OF HEARING

SUBSEQUENT DAYS OF HEARING

(1)

(2)

(3)

Fee in respect of defendant/appellant where only one defendant/appellant represented and in respect of first defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.

€ 223.59

in relation to first 4 cases.

€ 134.14

in relation to each subsequent case.

€ 55.91

Fee in respect of second defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.

€ 134.14

in relation to first 4 cases.

€ 80.11

in relation to each subsequent case.

€ 55.91

Fee in respect of each defendant/appellant (other than the first and second defendants/appellants) where solicitor assigned in respect of more than 2 defendants/appellants

€ 89.46

in relation to first 4 cases.

€ 55.91

in relation to each subsequent case.

€ 55.91

Part 2

Bail Applications

Fee in respect of each contested bail

application to Circuit Court or Special Criminal Court

€101.55

Part 3

Essential Visits

Fee in respect of each essential visit to prison

€107.87

SCHEDULE 2

COUNSELS' FEES

Part 1

Bail Applications

Fee in respect of each contested bail

application to Circuit Court or Special Criminal Court

€101.55

Part 2

Essential Visits

Fee in respect of each essential visit to prison

€107.87

SCHEDULE 3

SOLICITORS' FEES

Part 1

District Court and appeals to Circuit Court

DEFENDANT / APPELLANT

FIRST DAY OF HEARING

SUBSEQUENT DAYS OF HEARING

(1)

(2)

(3)

Fee in respect of defendant/appellant where only one defendant/appellant represented and in respect of first defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.

€ 228.06

in relation to first 4 cases.

€ 136.82

in relation to each subsequent case.

€ 57.03

Fee in respect of second defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.

€ 136.82

in relation to first 4 cases.

€ 81.71

in relation to each subsequent case.

€ 57.03

Fee in respect of each defendant/appellant (other than the first and second defendants/appellants) where solicitor assigned in respect of more than 2 defendants/appellants

€ 91.25

in relation to first 4 cases.

€ 57.03

in relation to each subsequent case.

€ 57.03

Part 2

Bail Applications

Fee in respect of each contested bail

application to Circuit Court or Special Criminal Court

€103.58

Part 3

Essential Visits

Fee in respect of each essential visit to prison

€110.03

SCHEDULE 4

COUNSELS' FEES

Part 1

Bail Applications

Fee in respect of each contested bail

application to Circuit Court or Special Criminal Court

€103.58

Part 2

Essential Visits

Fee in respect of each essential visit to prison

€110.03

SCHEDULE 5

SOLICITORS' FEES

Part 1

District Court and appeals to Circuit Court

DEFENDANT / APPELLANT

FIRST DAY OF HEARING

SUBSEQUENT DAYS OF HEARING

(1)

(2)

(3)

Fee in respect of defendant/appellant where only one defendant/appellant represented and in respect of first defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.

€232.62

in relation to first 4 cases.

€ 139.56

in relation to each subsequent case.

€ 58.17

Fee in respect of second defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.

€ 139.56

in relation to first 4 cases.

€ 83.34

in relation to each subsequent case.

€ 58.17

Fee in respect of each defendant/appellant (other than the first and second defendants/appellants) where solicitor assigned in respect of more than 2 defendants/appellants

€ 93.08

in relation to first 4 cases.

€ 58.17

in relation to each subsequent case.

€ 58.17

Part 2

Bail Applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court

€105.65

Part 3

Essential Visits

Fee in respect of each essential visit to prison

€112.23

SCHEDULE 6

COUNSELS' FEES

Part 1

Bail Applications

Fee in respect of each contested bail

application to Circuit Court or Special Criminal Court

€105.65

Part 2

Essential Visits

Fee in respect of each essential visit to prison

€112.23

GIVEN under my Official Seal,

17

th

December

2003.

Michael McDowell

Minister for Justice, Equality

and Law Reform.

The Minister for Finance consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

18

th

December

2003.

__________________

Charlie McCreevy

Minister for Finance

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations provide for an increase in the fees payable under the Criminal Legal Aid Scheme to solicitors for attendance in the District Court and for appeals to the Circuit Court and for an increase to solicitors and counsel in respect of essential visits to prisons and other custodial centres (other than Garda Stations) and for certain bail applications, as follows;

3% with effect from 1st January, 2004

2% with effect from 1st July, 2004

2% with effect from 1st December, 2004

I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by

section 10

(1) (b) of the

Criminal Justice (Legal Aid) Act, 1962

(No. 12 of 1962) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 (

S.I. No. 298 of 1997

)), and with the consent of the Minister for Finance, hereby make the following Regulations