Legal Aid And Advice Citation, commencement and application 1 These Rules may be cited as the Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) (Amendment) Rules (Northern Ireland) 2014 and shall come into operation on 26th June 2014. 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 Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009 . 3 These Rules apply for the determination of costs which are payable in respect of work done under a criminal aid certificate granted under Article 28, 28A or 30 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 on or after 26th June 2014. Amendments to the Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009 4 The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009 are amended as follows. 5 In each place where it appears, for the term “Guilty Plea 1 Fee” substitute the term “Guilty Plea Fee”. 6 In rule 2— a omit the definition of “the Court Service”; b after the definition of “court-ordered youth conference”, insert— “ the Department ” means the Department of Justice established by the Department of Justice Act (Northern Ireland) 2010 ; ; c omit the definition of “Guilty Plea 2 Fee”; d after the definition of “meeting”, insert— “ Newton hearing ” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13; ; e omit the definition of “a Very High Cost Case”. 7 Omit rule 5(2). 8 In rule 6(1) omit “Subject to rules 9 and 10,”. 9 In rule 6(4) omit “Subject to paragraph (5),”. 10 Omit rule 6(5). 11 In rule 8(1) omit “Subject to rules 9 and 10,”. 12 In rule 8(3) omit “Subject to paragraph (4),”. 13 Omit rule 8(4). 14 Omit rules 9 and 10. 15 Omit rule 12(1)(c). 16 In rule 12(3) omit “or the determination of fees under rule 10”. 17 In rule 13(14) omit “or 10”. 18 In rule 16— a in each place where it appears, for the term “the Court Service” substitute the term “the Department”; b in paragraph (4)(a), after “the Lord Chief Justice,” insert “the Attorney-General,”; c for paragraph (5), substitute— In paragraph (2) “ review period ” means the period of three years beginning with 26th June 2014 and each subsequent period of three years. . 19 In Schedule 1— a in paragraph 1(1), omit “Subject to sub-paragraph (2),”; b omit paragraph 1(2); c in paragraph 3(2), omit the words “Subject to sub-paragraph (3),”; d omit paragraph 3(3); e after paragraph 6(1)(b), insert— bb where there was an application by the assisted person to the magistrates’ court for compassionate bail under section 91 of the Justice Act (Northern Ireland) 2011 ; ; f in paragraph 6(2), after “as appropriate to the representative” insert “and the nature of the bail application”; g after paragraph 8, insert— 8A 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. ; h following paragraph 9, for the Table of Standard Fees, substitute the following Table— (1) Paragraph providing for fee (2) Solicitor’s Fee (3) Counsel’s Fee (4) Cases heard in the magistrates’ court Category of offence and nature of disposal of the case Summary offence -Guilty Plea Fee 4 £260 N/A -Contest Fee £470 N/A Hybrid or I/TS offence -Guilty Plea Fee 4 £275 £275 -Contest Fee £590 £550 Indictable only offence -Guilty Plea Fee 4 £300 £300 -Contest Fee £600 £600 Hybrid, I/TS or indictable only offence -Committal Fee 4 £820 £800 Child charged with indictable only offence -Guilty Plea Fee 5 £820 £800 -Contest Fee £1,000 £1,000 Compassionate Bail Application Fee 6(1)(bb) £180 £180 Other Bail Application Fee 6 £75 £120 Additional Hearing Fee 8 £200 per day £200 per day Additional Contest Preparation Fee 8A -Summary offence £75 N/A -Hybrid or I/TS offence £100 £100 -Indictable only offence £100 £100 Additional Committal Preparation Fee 8B £410 £400 Cases appealed to the county court Nature of disposal of the appeal Appeal against sentence fee 7(1) £265 £115 Appeal against conviction fee 7(1) £355 £350 Withdrawn appeal 7(2) £145 £50 Additional Hearing Fee 8 £200 per day £200 per day Diversionary youth conferences (Preparation and Attendance) 9(1)(a) Lower standard fee -Conferences lasting up to and including one hour £112 £84 Principal standard fee -Conferences lasting more than one hour but not exceeding two hours £180 £135 Court-ordered youth conferences (Attendance only) 9(1)(b) Lower standard fee -Conferences lasting up to and including one hour £70 £70 Principal standard fee -Conferences lasting more than one hour but not exceeding two hours £112.50 £112.50 i in paragraph 12(5), after “Subject to sub-paragraphs” insert “(5A),”; j after paragraph 12(5), insert— 5A Where, after the arrest warrant is executed, the case is disposed of as a contest, the fee payable to the representative shall be the difference between the Contest Fee provided for under paragraph 4 or 5, as applicable, and the fee (if any) paid under sub-paragraph (2). ; k after paragraph 12, insert— 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 or 5, as applicable, 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. ; l after paragraph 14(1)(e), insert— f the hearing of an application for a witness anonymity order under section 87 of the Coroners and Justice Act 2009 ; g the hearing of an application for severance under Article 155 of the Magistrates’ Courts (Northern Ireland) Order 1981 ; or h the hearing of an application under Article 118A of the Magistrates’ Courts (Northern Ireland) Order 1981 for disclosure of material held by third parties. ; m after paragraph 15(2)(b), insert— c in any other circumstances, 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. ; n after paragraph 15, insert— 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. ; o after paragraph 18, insert— Fine default Hearings 18A 1 This paragraph applies where a criminal aid certificate was granted for a Fine Default Hearing at which the court will consider the exercise of its powers under Article 92 of the Magistrates’ Courts (Northern Ireland) Order 1981 in respect of the enforcement of a sum adjudged to be paid on conviction. 2 The fixed fee of £75 shall be payable to the assigned solicitor for attending at the Fine Default Hearing. Newton Hearings 18B 1 This paragraph applies where a Newton hearing took place in the magistrates’ court. 2 An uplift of fifty 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. . 20 Omit Schedule 2. Sealed with the Official Seal of the Department of Justice on 17th June 2014 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 18th June 2014 Joanne McBurney A senior officer of the Department of Finance and Personnel