S.I. No. 57/1993 - Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 1993.

S.I. No. 57 of 1993.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) (NO. 2) REGULATIONS, 1993.

I, MÁIRE GEOGHEGAN-QUINN, 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) (No. 2) Regulations, 1993.

(2) The collective citation "the Criminal Justice (Legal Aid) Regulations, 1965 to 1993" shall include these Regulations.

2. These Regulations (other than Regulation 6) shall have effect from the 1st day of June, 1992. Regulation 6 shall come into operation on the day these Regulations are made.

3. In these Regulations "the Act" means the Criminal Justice (Legal Aid) Act, 1962 , "the Principal Regulations" means the Criminal Justice (Legal Aid) Regulations, 1965 ( S.I. No. 12 of 1965 ).

4. 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 those set out in the First Schedule to these Regulations.

5. 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 those set out in the Second Schedule to these Regulations.

6. The Principal Regulations are hereby amended by the substitution of the following paragraph for paragraph (3) of Regulation 4:

"(3) ( a ) A solicitor who is willing to act for persons to whom certificates for free legal aid are granted and who wishes to have his name included in a list or lists kept pursuant to this Regulation and a solicitor who wishes to have his name deleted from such list or lists shall notify in writing the appropriate county registrar or county registrars and, upon making the amendment referred to in paragraph (2) of this Regulation in the list kept by him, the county registrar, or each county registrar, concerned shall notify the solicitor of the amendment.

( b ) Unless the Minister directs otherwise, where a notification, made in accordance with subparagraph (a) of paragraph 2 of this Regulation, is received from a solicitor wishing to have his name deleted from such list or lists the deletion shall take effect from a date not earlier than four months from the date on which the notification is received by the county registrar."

7. Regulations entered in column (1) of the Third Schedule to these Regulations have been superseded by these Regulations to the extent set out in column (2) of the Schedule with effect from the date entered in column (3) of the Schedule opposite mention of each Regulation or part of a Regulation.

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 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	120	72	30
The second defendant in cases involving multiple defendants	72	43	30
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.	48	30	30

PART 2

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

£54.50

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).

£57.90

SECOND SCHEDULE

PART 1

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

£54.50

PART 2

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

£57.90

THIRD SCHEDULE

Regulations made under s.10 of the Criminal Justice (Legal Aid) Act, 1962 which have been superseded by these Regulations.

Regulation Superseded	Extent	Effective Date
(1)	(2)	(3)
Regulation 3 (2) (a) of S.I. No. 33 of 1978 as inserted by S.I. No. 345 of 1988	In its entirety	1 June, 1992.
Regulation 10 (7) of S.I. No. 12 of 1965 as inserted by S.I. No. 100 of 1975	In so far as it relates to solicitors' fees for assignments in the District Court and appeals to the Circuit Court	1 June, 1992.
Regulation 10 (5) of S.I. No. 12 of 1965 as inserted by Regulation 4 of S.I. No. 100 of 1975 and as amended by Regulation 2 of S.I. No. 129 of 1989	In its entirety	1 June, 1992.
Regulation 7 of S.I. No. 100 of 1975	In so far as it relates to solicitors' fees for prison visits	1 June, 1992.
Regulation 5 of S.I. No. 129 of 1989	In its entirety	1 June, 1992.

GIVEN under my Official Seal, this 26th day of February, 1993.

MÁIRE GEOGHEGAN-QUINN,

Minister for Justice.

The Minister for Finance 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 my Official Seal, this 26th day of February, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations, which take effect from 1 June, 1992, other than Regulation 6 which takes effect from the date these Regulations are made, prescribe new scales of fees in connection with the criminal legal aid scheme for poor persons in certain criminal cases and provide for a period of four months notice by a solicitor of intent to withdraw from a legal aid panel.