Legal Aid And Advice Citation, commencement and application 1 These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2015 and shall come into operation on 5th May 2015. 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 . 3 1 Without prejudice 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 5th May 2015. 2 Rules 4 and 12(n) of these Rules also 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 before 5th May 2015 where the costs remain to be determined by the Department of Justice under rule 8 or 11, as applicable. Amendments to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 4 The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 are amended as follows. 5 1 In each place where it appears, for the term “the Commission” substitute the term “the Department”. 2 In each place where it appears, for the term “Guilty Plea 1 Fee” substitute the term “Guilty Plea Fee”. 6 Subject to rules 9 and 12(h) and (i)(i) of these Rules, in each place where it appears, for the term “Guilty Plea 2 Fee” substitute the term “Trial Preparation Fee”. 7 In rule 2— a omit the definition of “the Commission”; b for the definition of “main hearing”, substitute— “main hearing” means— in relation to a case which goes to trial, the trial, in relation to a case where a Trial Preparation Fee is payable to counsel, the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing, and in relation to any proceedings specified in paragraph 2 of Schedule 1, the final hearing . 8 In rule 7(1), omit “or within three months of his receipt of a copy of the certificate, whichever is the later”. 9 In rule 8(3)(a), omit “or Guilty Plea 2 Fee, as applicable”. 10 In rule 10(1), omit “or within three months of his receipt of a copy of the certificate, whichever is the later”. 11 In rule 20, for paragraph (5), substitute— In paragraph (2) “review period” means the period of three years beginning with 5th May 2015 and each subsequent period of three years. . 12 In Schedule 1— a in paragraph 3(2), omit the words “at the first arraignment”; b in paragraph 3(3), after “shall be payable” insert “to counsel”; c in paragraph 4, after “and” insert “, subject to paragraph 4A,”; d after paragraph 4, insert— 4A 1 This paragraph applies to the following offences— a causing death by dangerous driving, contrary to Article 9 of the Road Traffic (Northern Ireland) Order 1995 ; b causing death by careless driving while under the influence of drink or drugs, contrary to Article 14 of the Road Traffic (Northern Ireland) Order 1995; c aggravated vehicle taking resulting in death, contrary to Article 172B of the Road Traffic (Northern Ireland) Order 1981 . 2 Notwithstanding the provisions in paragraphs 4 and 5(1)(a), for the purpose of this Schedule, the offences listed in sub-paragraph (1) shall be deemed to fall within Class D, rather than Class B, in the Table of Offences. ; e following paragraph 7, for the Tables of Basic Trial Fees, substitute the following Tables— SOLICITOR Actual Duration of Trial Offence falling within PPE Range Trial Fee 1 1 to 8 days Trial Fee 2 9 to 16 days Trial Fee 3 17 to 80 days Class A 1 – 750 £4,153 £5,524 £8,266 Class A 751 – 3,000 £6,419 £7,790 £10,532 Class A 3,001 – 4,430 £8,685 £10,056 £12,798 Class B 1 – 687 £1,494 £2,151 £3,140 Class B 688 – 1,462 £2,390 £3,047 £4,036 Class B 1,463 – 2,237 £3,286 £3,943 £4,932 Class C 1 – 714 £915 £1,309 £1,898 Class C 715 – 1,262 £1,510 £1,904 £2,493 Class C 1,263 – 1,809 £2,105 £2,499 £3,088 Class D 1 – 733 £2,313 £3,469 £4,614 Class D 734 – 1,631 £3,694 £4,851 £5,996 Class D 1,632 – 2,229 £5,076 £6,233 £7,377 Class E 1 – 750 £915 £1,309 £1,898 Class E 751 – 1,636 £1,510 £1,904 £2,493 Class E 1,637 – 2,521 £2,105 £2,499 £3,088 Class F 1 – 677 £1,060 £1,516 £2,198 Class F 678 – 1,225 £1,696 £2,152 £2,834 Class F 1,226 – 1,773 £2,332 £2,788 £3,470 Class G 1 – 750 £1,734 £2,602 £3,461 Class G 751 – 1,750 £2,775 £3,642 £4,501 Class G 1,751 – 2,750 £3,816 £4,683 £5,542 Class H 1 – 750 £915 £1,309 £1,898 Class H 751 – 1,443 £1,510 £1,904 £2,493 Class H 1,444 – 2,135 £2,105 £2,499 £3,088 Class I 1 – 870 £915 £1,309 £1,898 Class I 871 – 1,606 £1,510 £1,904 £2,493 Class I 1607 – 2,341 £2,105 £2,499 £3,088 COUNSEL Queen’s Counsel 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 24 days Trial Fee 4 25 to 32 days Trial Fee 5 33 to 40 days Trial Fee 6 41 to 48 days Trial Fee 7 49 to 56 days Trial Fee 8 57 to 64 days Trial Fee 9 65 to 72 days Trial Fee 10 73 to 80 days Class A £6,000 £8,000 £12,000 £16,000 £20,000 £28,000 £36,000 £48,000 £60,000 £72,000 Class B £2,138 £3,074 £4,477 £5,969 £7,461 £10,446 £13,434 £17,907 £22,384 £26,861 Class C £1,871 £2,673 £3,875 £5,167 £6,458 £9,041 £11,627 £15,499 £19,374 £23,249 Class D £4,000 £6,000 £8,000 £12,000 £15,000 £21,000 £27,000 £36,000 £44,999 £53,999 Class E £1,871 £2,673 £3,875 £5,167 £6,458 £9,041 £11,627 £15,499 £19,374 £23,249 Class F £1,871 £2,673 £3,875 £5,167 £6,458 £9,041 £11,627 £15,499 £19,374 £23,249 Class G £2,673 £4,009 £5,345 £7,126 £8,908 £12,741 £16,038 £21,379 £26,724 £32,068 Class H £1,871 £2,673 £3,875 £5,167 £6,458 £9,041 £11,627 £15,499 £19,374 £23,249 Class I £1,871 £2,673 £3,875 £5,167 £6,458 £9,041 £11,627 £15,499 £19,374 £23,249 Leading Junior Counsel 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 24 days Trial Fee 4 25 to 32 days Trial Fee 5 33 to 40 days Trial Fee 6 41 to 48 days Trial Fee 7 49 to 56 days Trial Fee 8 57 to 64 days Trial Fee 9 65 to 72 days Trial Fee 10 73 to 80 days Class A £4,500 £6,000 £9,000 £12,000 £15,000 £21,000 £27,000 £36,000 £45,000 £54,000 Class B £1,604 £2,305 £3,358 £4,477 £5,597 £7,835 £10,076 £13,431 £16,789 £20,147 Class C £1,403 £2,005 £2,907 £3,876 £4,845 £6,783 £8,723 £11,627 £14,534 £17,441 Class D £3,000 £4,500 £6,000 £9,000 £11,250 £15,750 £20,250 £27,000 £33,750 £40,500 Class E £1,403 £2,005 £2,907 £3,876 £4,845 £6,783 £8,723 £11,627 £14,534 £17,441 Class F £1,403 £2,005 £2,907 £3,876 £4,845 £6,783 £8,723 £11,627 £14,534 £17,441 Class G £2,005 £3,007 £4,009 £5,345 £6,681 £9,354 £12,029 £16,035 £20,044 £24,053 Class H £1,403 £2,005 £2,907 £3,876 £4,845 £6,783 £8,723 £11,627 £14,534 £17,441 Class I £1,403 £2,005 £2,907 £3,876 £4,845 £6,783 £8,723 £11,627 £14,534 £17,441 Led Junior Counsel 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 24 days Trial Fee 4 25 to 32 days Trial Fee 5 33 to 40 days Trial Fee 6 41 to 48 days Trial Fee 7 49 to 56 days Trial Fee 8 57 to 64 days Trial Fee 9 65 to 72 days Trial Fee 10 73 to 80 days Class A £3,600 £4,800 £7,200 £9,600 £12,000 £16,800 £21,600 £28,800 £36,000 £43,200 Class B £1,283 £1,844 £2,686 £3,581 £4,477 £6,267 £8,060 £10,743 £13,429 £16,115 Class C £935 £1,336 £1,938 £2,584 £3,230 £4,522 £5,815 £7,752 £9,689 £11,627 Class D £2,000 £3,000 £4,000 £6,000 £7,500 £10,500 £13,500 £18,000 £22,500 £27,000 Class E £935 £1,336 £1,938 £2,584 £3,230 £4,522 £5,815 £7,752 £9,689 £11,627 Class F £935 £1,336 £1,938 £2,584 £3,230 £4,522 £5,815 £7,752 £9,689 £11,627 Class G £1,336 £2,005 £2,673 £3,564 £4,455 £6,237 £8,021 £10,691 £13,364 £16,037 Class H £935 £1,336 £1,938 £2,584 £3,230 £4,522 £5,815 £7,752 £9,689 £11,627 Class I £935 £1,336 £1,938 £2,584 £3,230 £4,522 £5,815 £7,752 £9,689 £11,627 Sole Junior Counsel 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 24 days Trial Fee 4 25 to 32 days Trial Fee 5 33 to 40 days Trial Fee 6 41 to 48 days Trial Fee 7 49 to 56 days Trial Fee 8 57 to 64 days Trial Fee 9 65 to 72 days Trial Fee 10 73 to 80 days Class A £3,900 £5,200 £7,800 £10,400 £13,000 £18,200 £23,400 £31,200 £39,000 £46,800 Class B £1,390 £1,998 £2,910 £3,880 £4,850 £6,790 £8,732 £11,639 £14,549 £17,459 Class C £1,216 £1,737 £2,519 £3,359 £4,198 £5,878 £7,558 £10,075 £12,594 £15,113 Class D £2,600 £3,900 £5,200 £7,800 £9,750 £13,650 £17,550 £23,400 £29,250 £35,100 Class E £1,216 £1,737 £2,519 £3,359 £4,198 £5,878 £7,558 £10,075 £12,594 £15,113 Class F £1,216 £1,737 £2,519 £3,359 £4,198 £5,878 £7,558 £10,075 £12,594 £15,113 Class G £1,737 £2,606 £3,474 £4,632 £5,790 £8,106 £10,424 £13,895 £17,369 £20,843 Class H £1,216 £1,737 £2,519 £3,359 £4,198 £5,878 £7,558 £10,075 £12,594 £15,113 Class I £1,216 £1,737 £2,519 £3,359 £4,198 £5,878 £7,558 £10,075 £12,594 £15,113; . f after the Tables of Basic Trial Fees and Refresher Fees following paragraph 7, insert— 7 1 This paragraph applies where a fee is payable to a solicitor under this Part. 2 Where the PPE Range exceeds the upper limit specified in the Table of Basic Trial Fees payable to a solicitor, as appropriate to the Class of Offence involved, an additional fee shall be payable to the solicitor of £1 per each additional page. ; g omit paragraph 8(1) and (2); h in paragraph 8(3), for “a Guilty Plea 2 Fee” substitute “a Guilty Plea Fee or a Trial Preparation Fee”; i in paragraph 8(4)— i for “the Guilty Plea 2 Fee” substitute “the Guilty Plea Fee or Trial Preparation Fee”; ii after “was charged”, insert “, including the PPE Range where applicable”; j for paragraph 9, substitute— For the purposes of paragraph 8 the fee appropriate to any offence shall be that specified in the Table below as appropriate to the representative (including the category of counsel instructed, as applicable) and the Class within which that offence falls according to paragraph 5, including the PPE Range where applicable. ; k following paragraph 9, for the Tables of Guilty Plea Fees, substitute the following Tables— TABLES OF GUILTY PLEA FEES AND TRIAL PREPARATION FEES (a) Guilty Plea Fees SOLICITOR Offence falling within PPE Range Fee Class A 1 – 750 £3,734 Class A 751 – 3,000 £6,000 Class A 3,001 – 4,430 £7,440 Class B 1 – 687 £896 Class B 688 – 1,462 £1,792 Class B 1,463 – 2,237 £2,688 Class C 1 – 714 £595 Class C 715 – 1,262 £1,190 Class C 1,263 – 1,809 £1,785 Class D 1 – 733 £1,850 Class D 734 – 1,631 £3,232 Class D 1,632 – 2,229 £4,153 Class E 1 – 750 £595 Class E 751 – 1,636 £1,190 Class E 1,637 – 2,521 £1,785 Class F 1 – 677 £636 Class F 678 – 1,225 £1,272 Class F 1,226 – 1,773 £1,908 COUNSEL Offence falling within Queen’s Counsel Fee Leading Junior Counsel Fee Led Junior Counsel Fee Sole Junior Counsel Fee Class A £2,860 £2,145 £1,430 £1,859 Class B £1,067 £800 £533 £693 Class C £914 £686 £457 £594 Class D £1,976 £1,482 £988 £1,285 Class E £914 £686 £457 £594 Class F £914 £686 £457 £594 Class G £1,158 £869 £579 £753 Class H £914 £686 £457 £594 Class I £914 £686 £457 £594 b Trial Preparation Fees for Counsel COUNSEL Offence falling within Queen’s Counsel Fee Leading Junior Counsel Fee Led Junior Counsel Fee Sole Junior Counsel Fee PPE Range Class A 1 – 750 £4,090 £3,068 £2,045 £2,659 Class A 751 – 3,000 £7,015 £5,261 £3,508 £4,560 Class A 3,001 – 4,430 £14,890 £11,168 £7,445 £9,679 Class B 1 – 687 £1,502 £1,126 £751 £976 Class B 688 – 1,462 £3,062 £2,296 £1,531 £1,990 Class B 1,463 – 2,237 £7,262 £5,446 £3,631 £4,720 Class C 1 – 714 £1,319 £989 £660 £858 Class C 715 – 1,262 £2,684 £2,013 £1,342 £1,745 Class C 1,263 – 1,809 £5,996 £4,497 £2,998 £3,898 Class D 1 – 733 £2,744 £2,058 £1,372 £1,784 Class D 734 – 1,631 £4,694 £3,520 £2,347 £3,051 Class D 1,632 – 2,229 £9,944 £7,458 £4,972 £6,464 Class E 1 – 750 £1,319 £989 £660 £858 Class E 751 – 1,636 £2,684 £2,013 £1,342 £1,745 Class E 1,637 – 2,521 £6,359 £4,769 £3,180 £4,134 Class F 1 – 677 £1,319 £989 £660 £858 Class F 678 – 1,225 £2,684 £2,013 £1,342 £1,745 Class F 1,226 – 1,773 £6,359 £4,769 £3,180 £4,134 Class G 1 – 750 £1,926 £1,445 £963 £1,252 Class G 751 – 1,750 £3,876 £2,907 £1,938 £2,519 Class G 1,751 – 2,750 £9,126 £6,845 £4,563 £5,932 Class H 1 – 750 £1,319 £989 £660 £858 Class H 751 – 1,443 £2,684 £2,013 £1,342 £1,745 Class H 1,444 – 2,135 £6,359 £4,769 £3,180 £4,134 Class I 1 – 870 £1,319 £989 £660 £858 Class I 871 – 1,606 £2,684 £2,013 £1,342 £1,745 Class I 1,607 – 2,341 £6,359 £4,769 £3,180 £4,134 ; l after the Tables of Guilty Plea Fees and Trial Preparation Fees following paragraph 9, insert— 9A 1 This paragraph applies where a fee is payable to a representative under this Part. 2 Where the PPE Range exceeds the upper limit, as appropriate to the Class of Offence involved, an additional fee shall be payable to the representative of £1 per each additional page. 3 In this paragraph “the upper limit” means the upper limit specified in the Table of Guilty Plea Fees payable to a solicitor, or the Table of Trial Preparation Fees payable to counsel, as applicable. ; m omit paragraph 10A; n for paragraph 14(2) and (3), substitute— 2 A hearing to which this paragraph applies shall not be included in the length of the main hearing or of any sentencing hearing for the purpose of calculating costs, and the fee specified in the Table below as appropriate to the representative (including the category of counsel instructed, as applicable) shall be payable for each day of the hearing. TABLE OF CONFISCATION HEARING FEES Queen’s Counsel Fee Leading Junior Counsel Fee Led Junior Counsel Fee Sole Junior Counsel Fee Solicitor Fee Full Day £525 £800 £600 £400 £520 Half Day £263 £400 £300 £200 £260 ; o after paragraph 15B, insert— 15C 1 This paragraph applies to— a the hearing of an application for a sexual offences prevention order under section 104 of the Sexual Offences Act 2003 ; b the hearing of an application for a disqualification order under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 ; c the hearing of an application for an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008 ; and d the hearing of an application for an extended custodial sentence under Article 14 of the Criminal Justice (Northern Ireland) Order 2008. 2 A hearing to which this paragraph applies shall not be included in the length of the main hearing or of any sentencing hearing for the purpose of calculating costs, and the time-based fee set out in the Table following paragraph 19 as appropriate to the representative (including the category of counsel instructed, as applicable) and the duration of the hearing on that day shall be payable. 3 In determining the duration of an application for the purpose of sub-paragraph (2), there shall be excluded the period of time during any luncheon adjournment. ; p after paragraph 16, insert— 16A 1 This paragraph applies where the assisted person applies to a magistrates’ court for bail under section 91 of the Justice Act (Northern Ireland) 2011 . 2 The fixed fee of £180 shall be payable to a solicitor in respect of the hearing of the bail application, and paragraph 16(1)(c) shall not apply in respect of that hearing. ; q following paragraph 19, for the Tables of Additional Fees, substitute the following Tables— TABLES OF ADDITIONAL FEES SOLICITOR Type of work Paragraph providing for fee Fee 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 and 16 £188 Application Fee 3 (hearing exceeding 3 hours) £375 Sentence Hearing Preparation Fee PPE Range Up to 500 pages 501 – 750 pages 751 – 1,000 pages 15B £500 £750 £1,000 Public Protection Application Fee 1 (hearing not exceeding 1.5 hours) £113 Public Protection 15C Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours) £188 Public Protection 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 COUNSEL Type of work Paragraph providing for fee Queen’s Counsel Fee Leading Junior Counsel Fee Led Junior Counsel Fee Sole Junior Counsel Fee Arraignment – Not Guilty 11 £120 £113 £75 £98 Standby Fee 12(1) £400 £300 £200 £260 Appearing at deferred sentencing hearing 15(1)(a) £320 £240 £160 £208 Appearing at other sentencing hearing 15(1)(b) £240 £180 £120 £156 Skeleton argument 15A and 18B £250 £188 £125 £163 Late sitting fee 17 £200 £150 £100 £130 Cases within paragraph 2 19 £600 £450 £300 £390 Application Fee 1 (hearing not exceeding 1.5 hours) £100 £94 £63 £82 Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours) 12(2), 13 and 16 £200 £150 £100 £130 Application Fee 3 (hearing exceeding 3 hours) £400 £300 £200 £260 Sentence Hearing Preparation Fee PPE Range Up to 500 pages 501 – 750 pages 751 – 1,000 pages 15B £500 £375 £250 £330 £750 £563 £375 £495 £1,000 £750 £500 £660 Public Protection Application Fee 1 (hearing not exceeding 1.5 hours) £100 £94 £63 £82 Public Protection Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours) 15C £200 £150 £100 £130 Public Protection Application Fee 3 (hearing exceeding 3 hours) £400 £300 £200 £260 Consultation/views 18(1) £63 per hour £47 per hour £31 per hour £41 per hour Listening to or viewing tapes etc. 18(2) £27 per 10 minutes £20 per 10 minutes £14 per 10 minutes £18 per 10 minutes Court-ordered youth conference Lower standard fee (conferences lasting up to and including 1 hour) N/A N/A N/A £70 18A Principal standard fee (conferences lasting more than 1 hour but not exceeding 2 hours) N/A N/A N/A £112.50 . r for paragraph 27, substitute— 27 Where a solicitor was dismissed by the assisted person, or the Department is satisfied that he was obliged to withdraw from the case for compelling professional reasons, the Department may, in its discretion, allow the following fees to the solicitor— a if the solicitor was dismissed or withdrew within one week of the first arraignment but before the trial (if any) commenced, a Guilty Plea Fee as appropriate to the offence with which the assisted person was charged and the applicable PPE Range; b in any other circumstances, such amount as it considers to be reasonable in all the circumstances. . Sealed with the Official Seal of the Department of Justice on 13th April 2015 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 14th April 2015 Emer Morelli A senior officer of the Department of Finance and Personnel