S.I. No. 160/1998:

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) (NO. 2) REGULATIONS, 1998.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) (NO. 2) REGULATIONS, 1998.

I, JOHN O'DONOGHUE, 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 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) (No. 2) Regulations, 1998.

(2) The collective citation "the Criminal Justice (Legal Aid) Regulations, 1965 to 1998" shall include these Regulations.

2. (1) In these Regulations--

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

"the Regulations of 1997" means the Criminal Justice (Legal Aid) (Amendment) Regulations, 1997 ( S.I. No. 232 of 1997 ).

(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, 1997, those set out in the First Schedule (in lieu of those set out in the Ninth Schedule to the Regulations of 1997),

(b) with effect from the 1st day of April, 1998, 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 July, 1998, those set out in the Fifth Schedule (in lieu of those set out in the Third 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, 1997, those set out in the Second Schedule (in lieu of those set out in the Tenth Schedule to the Regulations of 1997),

(b) with effect from the 1st day of April, 1998, 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 July, 1998 those set out in the Sixth Schedule (in lieu of those set out in the Fourth Schedule).

5. The Regulations of 1997 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.

PART 2

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

£61.21

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).

£65.03

SECOND SCHEDULE

PART 1

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

£61.21

PART 2

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

£65.03

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.

PART 2

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

£62.74

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).

£66.66

FOURTH SCHEDULE

PART 1

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

£62.74

PART 2

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

£66.66

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.

PART 2

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

£64.15

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).

£68.16

SIXTH SCHEDULE

PART 1

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

£64.15

PART 2

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

£68.16

GIVEN under my Official Seal, this 14th day of May, 1998.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

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

GIVEN under my Official Seal, this 14th day of May, 1998.

CHARLIE McCREEVY,

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:

1% with effect from 1st January, 1997,

2.5% with effect from 1st April, 1998 and

2.25% with effect from 1st July, 1998.