S.I. No. 357/1979 - Criminal Justice (Legal Aid) (Amendment) Regulations, 1979.

S.I. No. 357 of 1979.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1979.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 10 of the Criminal Justice (Legal Aid Act, 1962 (No. 12 of 1962), and, in so far as these regulations are in relation to rates or scales of payment of fees, costs or expenses payable out of moneys provided by the Oireachtas pursuant to certificates for free legal aid, 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, 1979.

(2) The Criminal Justice (Legal Aid) Regulations, 1965 to 1978, and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations, 1965 to 1979.

2. The Criminal Justice (Legal Aid) (Amendment) Regulations, 1978 ( S.I. No. 33 of 1978 ), are hereby amended by the substitution of the following subparagraph for subparagraph (a) of Regulation 3(2):

"( a ) The fees (payable under the Act) of a solicitor assigned in relation to a case in the District Court or an appeal to the Circuit Court in pursuance of a certificate for free legal aid shall be £31.05 together with, if the hearing lasts for more than one day, a fee of £13.80 for each day or part of a day after the first for which the hearing lasts and for which the solicitor attends the hearing".

3. The Criminal Justice (Legal Aid) (Amendment) Regulations, 1975 ( S.I. No. 100 of 1975 ), are hereby amended by the substitution of the following Regulation for Regulation 7 (inserted by the said Criminal Justice (Legal Aid) (Amendment) Regulations, 1978):

"7. Where, in connection with a case or cases in relation to which a solicitor has been assigned pursuant to a certificate or certificates for free legal aid, it is essential for a solicitor to visit a prison, or other custodial centre (other than a Garda Station), there shall be paid under the Act a fee of £16.10 in respect of each such visit together with travelling expenses actually and necessarily incurred as follows:

( a ) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 21p per mile of the journey, and

( b ) in any other case, a sum equal to whichever of the following is lesser—

(i) the actual cost of the journey, or

(ii) the cost of the journey by public transport and (to the extent (if any) that public transport is not available) hired car, or, if no public transport is available for the journey, hired car."

4. The Criminal Justice (Legal Aid) Regulations, 1965 ( S.I. No. 12 of 1965 ), are hereby amended by the substitution of the following clause for clause (i) (inserted by the Criminal Justice (Legal Aid) (Amendment) Regulations, 1978) of Regulation 11 (3) (a):

"(i) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 21p per mile of the journey shall be paid, and".

GIVEN under my Official Seal, this 1st day of November, 1979.

GERARD COLLINS,

Minister for Justice.

The Minister for Finance hereby consents to the making of the foregoing Regulations in so far as they are in relation to rates or scales of payment of fees, costs or expenses.

GIVEN under the Official Seal of the Minister for Finance, this 1st day

of November, 1979.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE

These Regulations which come into effect on 1 November, 1979 provide for increases of 15% in the legal aid fees payable to solicitors in respect of attendance in the District Court and for visits to prisons and other custodial centres as well as for an increase in the motor mileage allowance from 15p to 21p per mile.