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Irish Statutory Instruments
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URL: http://www.bailii.org/ie/legis/num_reg/1997/0232.html

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S.I. No. 232/1997 -- Criminal Justice (Legal Aid) (Amendment) Regulations, 1997

S.I. No. 232/1997 -- Criminal Justice (Legal Aid) (Amendment) Regulations, 1997 1997 232

S.I. No. 232/1997:

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1997

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1997

I, NORA OWEN, Minister for Justice, 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) and in so far as the following Regulations relate to rates or scales of payment of fees with the consent of the Minister for Finance, hereby make the following Regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations, 1997.

(2) The Criminal Justice (Legal Aid) Regulations, 1965 to 1996, and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations, 1965 to 1997.

2. (1) In these Regulations-

"the Act" means the Criminal Justice (Legal Aid) Act, 1962 ;

"the No. 2 Regulations of 1993" means the Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 1993 ( S.I. No. 57 of 1993 ).

(2) In these Regulations a reference to a Schedule is a reference to a Schedule to these Regulations unless it is indicated that reference to some other Regulations is intended.

3. The fees, payable under the Act, of a solicitor assigned in relation to a case in pursuance of a certificate for free legal aid for cases in the District Court and appeals to the Circuit Court, for bail applications to the Circuit Court or Special Criminal Court which are contested by the prosecution and for essential visits to prisons and other custodial centres (other than Garda Stations), shall be -

( a ) with effect from the 1st day of January, 1994, those set out in the First Schedule (in lieu of those set out in the First Schedule to the No. 2 Regulations of 1993),

( b ) with effect from the 1st day of June, 1994, those set out in the Third Schedule (in lieu of those set out in the First Schedule),

( c ) with effect from the 1st day of June, 1995, those set out in the Fifth Schedule (in lieu of those set out in the Third Schedule),

( d ) with effect from the 1st day of June, 1996, those set out in the Seventh Schedule (in lieu of those set out in the Fifth Schedule),

( e ) with effect from the 1st day of October, 1996, those set out in the Ninth Schedule (in lieu of those set out in the Seventh Schedule).

4. The fees, payable under the Act, of counsel assigned in relation to a case in pursuance of a certificate for free legal aid for bail applications to the Circuit Court or the Special Criminal Court which are contested by the prosecution and for essential visits to prisons and other custodial centres (other than Garda Stations), shall be--

( a ) with effect from the 1st day of January, 1994, those set out in the Second Schedule (in lieu of those set out in the Second Schedule to the No. 2 Regulations of 1993),

( b ) with effect from the 1st day of June, 1994, those set out in the Fourth Schedule (in lieu of those set out in the Second Schedule),

( c ) with effect from the 1st day of June, 1995, those set out in the Sixth Schedule (in lieu of those set out in the Fourth Schedule),

( d ) with effect from the 1st day of June, 1996, those set out in the Eight Schedule (in lieu of those set out in the Sixth Schedule),

( e ) with effect from the 1st day of October, 1996, those set out in the Tenth Schedule (in lieu of those set out in the Eighth Schedule).

5. Regulations 4 and 5 of, and the First and Second Schedules to, the No. 2 Regulations of 1993 are hereby revoked.

FIRST SCHEDULE

PART 1

The fees payable to a solicitor in cases in the District Court and appeals to the Circuit Court in respect of (a) the first day of a hearing and (b) each subsequent day.
Classification of defendant (a) First date of hearing (b) Each subsequent day
Fee for each of the first four such persons represented on any one day by the solicitor. Fee for the fifth and for each additional such person represented on any one day by the solicitor. Fee for each such person represented on any one day by the solicitor.
(1) (2) (3) (4)
£. £ £
The defendant, in cases involving only one defendant and the first defendant in cases involving multiple defendants. 124.50 74.70 31.13
The second involving multiple defendant in cases defendants. 74.70 44.61 31.13
The third defendant in cases involving multiple defendants. The scale of fees applicable to third defendants in cases involving multiple defendants shall apply also to the fourth defendant, the fifth defendant, etc., in each such case. 49.80 31.13 31.13

PART 2

The fee payable to a solicitor in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£56,54

PART 3

The fee payable to a solicitor in respect of each visit to a prison or other custodial centre (other than a Garda Station).

£60.07

SECOND SCHEDULE

PART 1

The fee payable to counsel in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£56.54

PART 2

The fee payable to counsel in respect of each visit to a prison or other custodial centre (other than a Garda Station).

£60.07

THIRD SCHEDULE

PART 1

The fees payable to a solicitor in cases in the District Court and appeals to the Circuit Court in respect of (a) the first day of a hearing and (b) each subsequent day.
Classification of defendant (a) First day of hearing (b) Each subsequent day
Fee for each of the first four such persons represented on any one day by the solicitor. Fee for the fifth and for each additional such person represented on any one day by the solicitor. Fee for each such person represented on any one day by the solicitor.
(1) (2) (3) (4)
£ £ £
The defendant, in cases involving only one defendant and the first defendant in cases involving multiple defendants. 126.99 76.19 31.75
The second defendant in cases involving multiple defendants. 76.19 45.50 31.75
The third defendant in cases involving multiple defendants. The scale of fees applicable to third defendants in cases involving multiple defendants shall apply also to the fourth defendant, the fifth defendant, etc., in each such case. 50.80 31.75 31,75

PART 2

The fee payable to a solicitor in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£57.67

PART 3

The fee payable to a solicitor in respect of each visit to a prison or other custodial centre (other than a Garda Station).

£61.27

FOURTH SCHEDULE

PART 1

The fee payable to counsel in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£57.67

PART 2

The fee payable to counsel in respect of each visit to a prison or other custodial centre (other than a Garda Station).

£61.27

FIFTH SCHEDULE

PART 1

The fees payable to a solicitor in cases in the District Court and appeals to the Circuit Court in respect of (a) the first day of a hearing and (b) each subsequent day.
Classification of defendant (a) First day of hearing (b) Each subsequent day
Fee for each of the first four such persons represented on any one day by the solicitor, Fee for the fifth and for each additional such person represented on any one day by the solicitor.
Fee for each such person represented on any one day by the solicitor.
(1) (2) (3) (4)
£ £ £
The defendant, in cases involving only one defendant and the first defendant in cases involving multiple defendants. 129.53 77.71 32.39
The second defendant in cases involving multiple defendants. 77.71 46.41 32.39
The third defendant in cases involving multiple defendants. The scale of fees applicable to third defendants in cases involving multiple defendants shall apply also to the fourth defendant, the fifth defendant, etc., in each such case. 51.82 32.39 32.39

PART 2

The fee payable to a solicitor in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£58.82

PART 3

The fee payable to a solicitor in respect of each visit to a prison or other custodial centre (other than a Garda Station).

£62.50

SIXTH SCHEDULE

PART 1

The fee payable to counsel in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£58.82

PART 2

The fee payable to counsel in respect of each visit to a prison or other custodial centre (other than a Garda Station).

£62.50

SEVENTH SCHEDULE

PART 1

The fees payable to a solicitor in cases in the District Court and appeals to the Circuit Court in respect of (a) the first day of a hearing and (b) each subsequent day.
Classification of defendant (a) First day of hearing (b) Each subsequent day
Fee for each of the first four such persons represented on any one day by the solicitor. Fee for the fifth and for each additional such person represented on any one day by the solicitor.
Fee for each such person represented on any one day by the solicitor.
(1) (2) (3) (4)
£ £ £
The defendant, in cases involving only one defendant and the first defendant in cases involving multiple defendants. 131.47 78.88 32,88
The second defendant in cases involving multiple defendants. 78.88 47.11 32.88
The third defendant in cases involving multiple defendants. The scale of fees applicable to third defendants in cases involving multiple defendants shall apply also to the fourth defendant, the fifth defendant, etc., in each such case. 52.60 32.88 32.88

PART 2

The fee payable to a solicitor in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£59.70

PART 3

The fee payable to a solicitor in respect of each visit to a prison or other custodial centre (other than a Garda Station).

£63.44

EIGHTH SCHEDULE

PART 1

The fee payable to counsel in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£59.70

PART 2

The fee payable to counsel in respect of each visit to a prison or other custodial centre (other than a Garda Station).

£63.44

NINTH SCHEDULE

PART 1

The fees payable to a solicitor in cases in the District Court and appeals to the Circuit Court in respect of (a) the first day of a hearing and (b) each subsequent day.
Classification of defendants (a) First date of hearing (b) Each subsequent day
Fee for each of the first four such persons represented on any one day by the solicitor. Fee for the fifth and for each additional such person represented on any one day by the solicitor.
Fee for each such person represented on any one day by the solicitor.
(1) (2) 1 (3) (4)
£. £ £
The defendant, in cases involving only one defendant and the first defendant in cases involving multiple defendants. 133.44 80.06 33.37
The second defendant in cases involving multiple defendants. 80. 06 47.82 33.37
The third defendant in cases involving multiple defendants. The scale of fees applicable to third defendants in cases involving multiple defendants shall apply also to the fourth defendant, the fifth defendant, etc., in each such case. 53.39 33.37 33.37

PART 2

The fee payable to a solicitor in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£60.60

PART 3

The fee payable to a solicitor in respect of each visit to a prison or other custodial centre (other than a Garda station).

£64.39

TENTH SCHEDULE

PART 1

The fee payable to counsel in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£60.60

PART 2

The fee payable to counsel in respect of each visit to a prison or other custodial centre (other than a Garda Station).

£64.39

GIVEN under my Official Seal, this 27th day of May, 1997.

NORA OWEN,

Minister for Justice.

The Minister for Finance consents to the making of the foregoing Regulations insofar as they relate to the scale or payment of fees.

GIVEN under my Official Seal, this 27th day of May, 1997.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

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 visits to prisons and other custodial centres (other than Garda Stations) and for certain bail applications, as follows:

3.75% with effect from 1st January, 1994,

2% with effect from 1st June, 1994,

2% with effect from 1st June, 1995,

1.5% with effect from 1st June, 1996 and

1.5% with effect from 1st October, 1996.

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URL: http://www.bailii.org/ie/legis/num_reg/1997/0232.html