S.I. No. 311/1996 - Criminal Justice (Legal Aid) (Amendment) Regulations, 1996.

S.I. No. 311 of 1996.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1996.

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 these 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, 1996.

(2) The Criminal Justice (Legal Aid) Regulations, 1965 to 1986, the Criminal Justice (Legal Aid) (Amendment) Regulations ( S.I. No. 78 of 1988 ), the Criminal Justice (Legal Aid) (Amendment) Regulations ( S.I. No. 345 of 1988 ), the Criminal Justice (Legal Aid) (Amendment) Regulations ( S.I. No. 129 of 1989 ), the Criminal Justice (Legal Aid) (Amendment) Regulations ( S.I. No. 20 of 1990 ), the Criminal Justice (Legal Aid) (Amendment) Regulations ( S.I. No. 24 of 1991 ), the Criminal Justice (Legal Aid) (Amendment) Regulations ( S.I. No. 70 of 1991 ), the Criminal Justice (Legal Aid) (Amendment) Regulations ( S.I. No. 56 of 1993 ), and the Criminal Justice (Legal Aid) (Amendment) Regulations ( S.I. No. 57 of 1993 ), and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations, 1965 to 1996.

2. These Regulations shall be deemed to have come into operation on the 1st day of June, 1993.

3. There shall be paid to a solicitor assigned in relation to a case in pursuance of a certificate for free legal aid for a case in the District Court or an appeal to the Circuit Court a fee of £350.00 in lieu of the fees of £120.00 and £72.00 provided in Part 1 of the First Schedule to the Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 1993 ( S.I. No. 57 of 1993 ), for the first day of the hearing in a case involving one defendant and the first defendant in a case involving multiple defendants which the Minister after consultation with the Chief State Solicitor decides is an exceptional case.

GIVEN under my Official Seal, this 18th day of October, 1996.

NORA OWEN

Minister for Justice.

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 18th day of October, 1996.

RUAIRÍ QUINN

Minister for Finance.

EXPLANATORY NOTE

This Regulation, which takes effect from 1 June, 1993, provides for the payment of a fee of £350.00 to solicitors who are assigned to exceptional cases in the District Court and appeals to the Circuit Court, where the Department of Justice following consultation with the Chief State Solicitor's Office, decides that a particular case is exceptional.