S.I. No. 425/1986 - Courts-Martial (Legal Aid) Regulations, 1986.

S.I. No. 425 of 1986.

COURTS-MARTIAL (LEGAL AID) REGULATIONS, 1986.

I, PADDY O'TOOLE, Minister for Defence, in exercise of the powers conferred on me by section 33 of the Courts-Martial Appeals Act, 1983 (No. 19 of 1983), and in so far as these Regulations are in relation to rates or scales of payment of fees, costs or expenses payable out of monies provided by the Oireachtas pursuant to legal aid certificates, with the consent of the Minister for Finance, hereby make the following Regulations:

1. These Regulations may be cited as the Courts-Martial (Legal Aid) Regulations, 1986.

2. (1) These Regulations shall not apply in relation to proceedings initiated before the commencement of Part III of the Act.

(2) For the purposes of paragraph (1) of this Regulation, proceedings shall be regarded as being initiated against a person on the day on which the person is charged with the offence to which the proceedings relate.

3. In these Regulations—

"the Act" means the Courts-Martial Appeals Act, 1983 (No. 19 of 1983);

"legal aid certificate" means a legal aid (preliminary proceedings) certificate, a legal aid (court-martial) certificate, a legal aid (Courts-Martial Appeal Court) certificate or a legal aid (Supreme Court) certificate;

"the Minister" means the Minister for Defence.

4. The Deputy Judge Advocate-General, Adjutant-General's Branch, Department of Defence (supsequently referred to in these Regulations as "the Deputy Judge Advocate-General") is hereby prescribed to be the prescribed authority for the purposes of Part III of the Act.

5. (1) As soon as may be after the making of these Regulations, the Minister shall compile a list in respect of areas determined by the Minister of solicitors who have notified him of their willingness to act for persons to whom legal aid certificates are granted in relation to the proceedings to which the certificates relate and the list shall specify the places within the area to which it relates, and the Courts, if any, at which the solicitors are willing so to act.

(2) The Minister shall send a copy of the list compiled pursuant to paragraph (1) of this Regulation to—

( a ) the registrar of the Supreme Court,

( b ) the registrar of the Courts-Martial Appeal Court,

( c ) the Secretary of the Incorporated Law Society, and

( d ) the Deputy Judge Advocate-General.

(3) ( a ) A solicitor who wishes to have the particulars specified in the list compiled pursuant to paragraph (1) of this Regulation varied shall notify in writing the Minister and, upon making the variation referred to in subparagraph (b) of this paragraph, the Minister shall notify the solicitor of the variation.

( b ) Where the Minister is notified by a solicitor of his wish to have the particulars specified in respect of him in the list compiled pursuant to paragraph (1) of this Regulation varied in the manner specified in the notification, the Minister shall vary those particulars in accordance with the notification and shall notify the persons specified in paragraph (2) of this Regulation of the variation.

(4) Where at any time after the compilation of the list of solicitors in pursuance of this Regulation—

( a ) the Minister is notified by a solicitor of his willingness to act for persons to whom legal aid certificates are granted or of his wish to have his name deleted from the list,

( b ) an order is made removing from or striking off the roll maintained under section 9 of the Solicitors' Act, 1954 (No. 36 of 1954), the name of a solicitor whose name is on the list or restoring to such roll the name of a solicitor whose name was on the list, or suspending from practice a solicitor whose name is on the list, or

( c ) the period of suspension from practice of a solicitor whose name was on the list at the time of the commencement of the suspension has ended,

the Minister shall amend accordingly the list by adding thereto or deleting therefrom, as the case may be, the name of the solicitor and shall notify the persons mentioned in paragraph (2) of this Regulation of the amendment.

(5) A solicitor who is willing to act for persons to whom legal aid certificates are granted and who wishes to have his name included in the list compiled pursuant to this Regulation and a solicitor who wishes to have his name deleted from such list shall notify in writing the Minister and, upon making the amendment referred to in paragraph (4) of this Regulation, the Minister shall notify the solicitor of the amendment.

6. (1) As soon as may be after the making of these Regulations, the Council shall send to the Minister the names of the counsel who have notified it of their willingness to act for persons to whom legal aid certificates are granted pursuant to the Act.

(2) The Minister shall keep a list of the names aforesaid and shall send a copy of the list to—

( a ) the registrar of the Supreme Court,

( b ) the registrar of the Courts-Martial Appeal Court,

and

( c ) the Deputy Judge Advocate-General.

(3) Where, at any time after the compilation of a list in pursuance of this Regulation, the Council is notified by a counsel of his willingness to act for persons to whom legal aid certificates have been granted or of his wish to have his name deleted from the list, the Council shall notify the Minister of such wish and the Minister shall amend accordingly the list kept by him pursuant to this Regulation by adding thereto or deleting therefrom, as the case may be, the name of the counsel and the Minister shall notify the persons mentioned in paragraph (2) of this Regulation of the amendment.

(4) A counsel who is willing to act for persons granted legal aid certificates and who wishes to have his name included in the list kept by the Minister pursuant to this Regulation and a counsel who wishes to have his name deleted from such list shall notify the Council in writing and upon receipt of the notification the Council shall notify the Minister and the Minister shall amend accordingly the list kept by him pursuant to this Regulation and shall notify the counsel of the amendment.

(5) In this Regulation "the Council" means the General Council of the Bar of Ireland.

7. (1) The registrar of the Supreme Court and the registrar of the Courts-Martial Appeal Court shall each keep a register of all cases in which application is made to the court of which he is registrar for a legal aid certificate and shall record therein in respect of each case:

( a ) the date of the application;

( b ) the name of the applicant;

( c ) in general terms, the charge or charges involved and the nature of the proceedings;

( d ) the result of the application; and

( e ) if the application is granted, the names of the solicitor and of counsel (if any) assigned.

(2) The Deputy Judge Advocate-General shall keep a register of all cases in which application in made to him for a legal aid certificate and shall record therein in respect of each case the particulars mentioned in clauses (a) to (e) of paragraph (1) of this Regulation.

(3) Each officer specified in paragraphs (1) and (2) of this Regulation shall send to the Secretary of the Department of Defence, at such times as the Minister may from time to time direct, a copy of the entries in the register kept by him.

8. (1) Upon the grant of a legal aid certificate, the Deputy Judge Advocate-General, the Courts-Martial Appeal Court or the Supreme Court, as the case may be, shall, having taken into consideration the representations (if any) of the person to whom the certificate was granted, assign to him a solicitor from the list kept pursuant to Regulation 5 of these Regulations to act for him in the preparation and conduct of his case.

(2) The Deputy Judge Advocate-General, the Courts-Martial Appeal Court or the Supreme Court, as the case may be, in granting a legal aid certificate (other than a legal aid (preliminary proceedings) certificate) may, if the person to whom it is granted is charged with a capital offence or murder or the case concerning him appears to present exceptional difficulty and the Deputy Judge Advocate-General, the Courts-martial Appeal court or the Supreme Court, as the case may be, is of opinion that his case cannot be conducted adequately without the assistance of two counsel, direct that two counsel be assigned to the person to act for him in the preparation and conduct of his case.

(3) Where a legal aid certificate is granted to a person and the certificate entitles the person to have counsel assigned to him—

( a ) in case the certificate includes a direction under paragraph (2) of this Regulation, any two counsel whose names are included in the list kept by the Minister pursuant to Regulation 6 of these Regulations, and

( b ) in any other case, any one counsel whose name is included in such list,

may be retained on behalf of the person by the solicitor who has been assigned pursuant to the certificate to act for the person in the preparation and conduct of his case and, upon such retention, the counsel shall be deemed to have been assigned to the person pursuant to the certificate to act for the person in the preparation and conduct of his case.

(4) Where two or more legal aid certificates are granted to a person and the cases in relation to which they are granted are heard together or in immediate succession, one certificate only shall (unless the Deputy Judge Advocate-General, being satisfied that there is good reason for so doing, otherwise directs and the cases are cases to which Regulation 12(2)(a) applies) be deemed, for the purposes of these Regulations, to have been granted to the person.

9. Where, in relation to proceedings at any place, no solicitor's name is on the list kept pursuant to Regulation 5 of these Regulations and a legal aid certificate falls to be granted to a person, the Deputy Judge Advocate-General may, having taken into consideration the representations (if any) of the person, request any solicitor to act for the person in the preparation and conduct of his case and, if that solicitor is willing so to act, the Deputy Judge Advocate-General may, upon the grant of the certificate, assign that solicitor to the person to act for him in the preparation and conduct of his case.

10. (1) Where a legal aid (Courts-Martial Appeal Court) certificate is granted by the Deputy Judge Advocate-General, a copy of the certificate shall be sent by him to the registrar of the Courts-Martial Appeal Court.

(2) Where a legal aid (Supreme Court) certificate is granted by the Courts-Martial Appeal Court, a copy of the certificate shall be sent by the registrar of the Courts-Martial Appeal Court to the registrar of the Supreme Court and to the Deputy Judge Advocate-General.

(3) Where an application by a person pursuant to section 28(2) of the Act for a legal aid (Courts-Martial Appeal Court) certificate is refused, the Deputy Judge Advocate-General shall notify the registrar of the Courts-Martial Appeal Court of the refusal.

(4) Where an application by a person pursuant to section 29(2) of the Act for a legal aid (Supreme Court) certificate is refused, the registrar of the Courts-Martial Appeal Court shall notify the registrar of the Supreme Court and the Deputy Judge Advocate-General of the refusal.

11. (1) A legal aid certificate shall be in such one of the forms set out in the First Schedule to these Regulations as may be appropriate.

(2) Where a person is required, pursuant to section 32 of the Act, to furnish a statement relevant for determining whether his means are insufficient to enable him to obtain legal aid, the statement shall be in the form set out in the Second Schedule to these Regulations.

12. (1) ( a ) The fees (payable under the Act) of a solicitor assigned in relation to any particular case ( other than a case to which paragraph (2)(a) of this Regulation applies) in pursuance of a legal aid certificate or certificates shall be those specified in column (2) of the Third Schedule to these Regulations opposite the mention of the particular type of hearing in column (1) of the said Schedule together with, if the hearing lasts for more than one day, those specified in column (3) of the said Schedule opposite the mention of the particular type of hearing in the said column (1) for each day or part of a day after the first for which the hearing lasts.

( b ) A reference in column (2) of the Third Schedule to these Regulations, in relation to a case, to junior counsel's fee is a reference to the fee that was or would be payable under these Regulations to the junior counsel in respect of the hearing, or, if the hearing has lasted for more than one day, the first day thereof, if a junior counsel was or had been assigned in relation to that case in pursuance of a legal aid certificate or certificates and was or had been present in court during the hearing to the same extent as the solicitor assigned in relation to the case in pursuance of the certificate or certificates aforesaid was present.

( c ) A reference in column (3) of the Third Schedule to these Regulations, in relation to a case, to junior counsel's refresher is a reference to the fee that was or would be payable under these Regulations to the junior counsel in respect of each day or part of a day after the first for which the hearing has lasted if a junior counsel was or had been assigned in relation to that case in pursuance of a legal aid certificate or certificates and was or had been present as aforesaid.

( d ) A reference in column (2) of the Third Schedule to these Regulations, in relation to a case, to senior counsel's fee is a reference to the fee that was or would be payable under these Regulations to the senior counsel in respect of the hearing, or, if the hearing has lasted for more than one day, the first day thereof, if a senior counsel was or had been assigned in relation to that case in pursuance of a legal aid certificate or certificates and was or had been present in court during the hearing to the same extent as the solicitor assigned in relation to the case in pursuance of the certificate or certificates aforesaid was present.

( e ) A reference in column (3) of the Third Schedule to these Regulations, in relation to a case, to senior counsel's refresher is a reference to the fee that was or would be payable under these Regulations to the senior counsel in respect of each day or part of a day after the first for which the hearing has lasted if a senior counsel was or had been assigned in relation to that case in pursuance of a legal aid certificate or certificates and was or had been present as aforesaid.

( f ) Where—

(i) the same counsel is or are assigned in pursuance of two or more legal aid certificates to two or more accused persons and the cases to which they relate are heard together and are not cases to which paragraph (2)(a)(i) of this Regulation applies, and

(ii) the same solicitors are not assigned in relation to all the cases in pursuance of legal aid certificates to all the accused persons aforesaid,

the fees of counsel in the cases shall be deemed, for the purposes of these Regulations, to be, in relation to each such solicitor, such amount as, in the opinion of the Attorney General, would have been payable to the counsel if the prosecution had related only to the accused person or persons represented by that solicitor and the counsel had been present in court during the hearing to the same extent as that solicitor.

( g ) Where the same solicitor is assigned in pursuance of two or more legal aid certificates to one or more accused persons and the cases to which they relate are heard together and are not cases to which paragraph (2)(a) of this Regulation applies, the solicitor so assigned shall be deemed, for the purposes of these Regulations, to have been assigned to the said accused person or persons, as the case may be, in relation to one case only.

( h ) Where, in a case referred to in subparagraph (g) of this paragraph, there is more than one accused person and the same counsel are not assigned in pursuance of the certificates referred to therein to all the accused persons, the fees of counsel who are so assigned shall be deemed, for the purposes of these Regulations, to be the fees that would, in the opinion of the Attorney General, have been payable if the same counsel had been so assigned to all the accused persons in respect of whom the said certificates were granted:

Provided that, if any of the cases to which this subparagraph applies is one in relation to which two counsel are assigned in pursuance of a legal aid certificate or certificates and relates to a capital charge or a charge of murder, the case in relation to which the solicitor is deemed to have been assigned as aforesaid shall be deemed to be such a case.

( i ) No fees shall be paid under the Act to a solicitor assigned in relation to any particular case other than a case to which paragraph (2)(a) of this Regulation applies in pursuance of a legal aid certificate or certificates in respect of any day on which the hearing of the case consists only of one or more of the following, that is to say, an application for an adjournment or in relation to bail or the suspension of the operation of a sentence of penal servitude, imprisonment or detention.

(2) ( a ) The fees (payable under the Act) of a solicitor assigned in relation to any particular case—

(i) in pursuance of a legal aid (preliminary proceedings) certificate, or

(ii) in pursuance of a legal aid (court-martial) certificate the grant of which did not entitle the person to whom the certificate was granted to have counsel assigned to him in relation to that case,

shall be £93.06 together with, if the hearing lasts for more than one day, a fee of £41.38 for each day or part of a day after the first for which the hearing lasts and for which the solicitor attends the hearing.

( b ) No fees shall be paid under the Act to a solicitor assigned in relation to any particular case in pursuance of a legal aid certificate to which subparagraph (a) of this paragraph applies in respect of any day on which the hearing consists only of an application for an adjournment by or on behalf of the solicitor or the prosecution made, in the opinion of the Deputy Judge Advocate-General, for the purposes of the solicitor's convenience.

(3) The fees (payable under the Act) for any particular case of a solicitor assigned to a person in relation to that case in pursuance of a legal aid certificate the grant of which entitled the person to have counsel assigned to him in relation to that case shall, if the person is represented at the hearing of the case by the solicitor and not by counsel and counsel appear for the prosecution in that case, be fees of the same amount as the fees that would, in the opinion of the Attorney General, have been payable to counsel assigned to the person in relation to that case pursuant to the certificates aforesaid if the counsel so assigned were present in court during the whole of the case.

(4) The fees (payable under the Act) of a solicitor assigned pursuant to legal aid certificates on behalf of two or more persons whose cases are being heard together and are cases to which paragraph (2)(a) of this Regulation applies shall be those to which the solicitor would have been entitled under the Act if he had been assigned pursuant to a legal aid certificate on behalf of one person only increased by such amount (if any) as the Deputy Judge Advocate-General may think proper not exceeding—

( a ) in case the assignments are on behalf of two persons only, 40 per cent. of such fees, and

( b ) in case the assignments are on behalf of three or more persons, 40 per cent. of such fees in respect of two of the persons and 20 per cent. of such fees in respect of the other person or each of the other persons, as the case may be.

(5) Where a solicitor assigned in pursuance of a legal aid certificate in relation to a case does not attend the hearing or part of the hearing of the case, the fees and expenses payable under the Act in connection with the hearing shall be paid to the solicitor if he was properly represented at the hearing or the part thereof which he did not attend.

13. (1) The fees (payable under the Act) for any particular case of senior counsel (subsequently referred to in this paragraph as "the defence counsel") assigned in relation to that case in pursuance of a legal aid certificate or certificates shall—

( a ) in case the same number of senior counsel appear for the prosecution in relation to that particular case and are present in court during the whole of the case and the prosecution relates only to the accused person or persons to whom the defence counsel are assigned, be fees of the same amount as the fees of the senior counsel appearing for the prosecution, and

( b ) in any other case, be fees of the same amount as the fees that would, in the opinion of the Attorney General, have been payable to senior counsel appearing for the prosecution in that particular case if the same number of senior counsel appeared for the prosecution and were present in court during the whole of the case and the prosecution related only to the accused person or persons to whom the defence counsel were assigned.

(2) The fees (payable under the Act) for any particular case of junior counsel (subsequently referred to in this paragraph as "the defence counsel") assigned in relation to that case in pursuance of a legal aid certificate or certificates shall—

( a ) in case the same number of junior counsel appear for the prosecution in relation to that particular case and are present in court during the whole of the case and the prosecution relates only to the accused person or persons to whom the defence counsel are assigned, be fees of the same amount as the fees of the junior counsel appearing for the prosecution, and

( b ) in any other case, be fees of the same amount as the fees that would, in the opinion of the Attorney General, have been payable to junior counsel appearing for the prosecution in that particular case if the same number of junior counsel appeared for the prosecution and were present in court during the whole of the case and the prosecution related only to the accused person or persons to whom the defence counsel were assigned.

(3) ( a ) Notwithstanding paragraphs (1) and (2) of this Regulation, where any counsel assigned in relation to a case in pursuance of a legal aid certificate is not present in court during the whole of the case, the question whether the fees of that counsel calculated under the said paragraph (1) or (2), as the case may be, should be modified and the nature and extent of the modification (if any) shall be determined by the Attorney General by the application of the criteria applied in determining the like matters in relation to the fees of counsel appearing for the prosecution in a case and any modification so determined shall be made accordingly.

( b ) Notwithstanding paragraphs (1) and (2) of this Regulation, where the fees of counsel appearing for the prosecution in a case include a fee that is specifically for attendance at a conference or consultation in relation to the case, the amount of such fee shall, unless the Attorney General otherwise directs, be disregarded in the calculation of the fees (payable under the Act) of counsel assigned in relation to that case in pursuance of a legal aid certificate.

(4) ( a ) Where the same counsel are assigned—

(i) in pursuance of two or more legal aid certificates to two or more accused persons and the cases to which they relate are heard together, or

(ii) in pursuance of two or more legal aid certificates to one accused person,

the counsel so assigned shall be deemed, for the purposes of these Regulations, to have been assigned to the said accused persons or accused person, as the case may be, in relation to one case only:

Provided that, if the cases in relation to which the certificates are granted are treated, for the purposes of the determination of the fees of counsel appearing for the prosecution in the cases, as being any number of cases other than one, the counsel so assigned shall be deemed, for the purposes of these Regulations, to have been assigned to the said accused persons or accused person, as the case may be, in relation to the same number of cases.

( b ) Regulation 8(4) of these Regulations shall not apply in a case where subparagraph (a)(ii) of this paragraph applies.

(5) References in this Regulation to fees of counsel appearing for the prosecution in a case do not include references to any fee paid to such counsel in respect of the preparation of statements of the evidence to be given on behalf of the prosecution in the case.

(6) Where two senior counsel are assigned to a person in relation to any particular case in pursuance of a legal aid certificate or certificates and two or more senior counsel do not appear for the prosecution in that case, one senior counsel only and one junior counsel only shall be deemed, for the purposes of these Regulations, to have been assigned to the person in relation to that particular case in pursuance of the certificate or certificates aforesaid.

(7) No fees shall be paid under the Act to counsel assigned in relation to any particular case in pursuance of a legal aid certificate or certificates in respect of any day on which the hearing of the case consists only of an application in relation to bail or the suspension of the operation of a sentence of penal servitude, imprisonment or detention or both.

14. Where, in connection with a case or cases in relation to which a solicitor has been assigned pursuant to a legal aid certificate or certificates, it is essential for a solicitor to visit a prison, detention barrack or other custodial centre, there shall be paid under the Act a fee of £24.12 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 £0.50 per mile of the journey, and

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

15. (1) There shall be paid to a solicitor under the Act any sum necessarily expended by him—

( a ) in respect of the service of documents, or

( b ) in payment of court fees prescribed by or under statute,

in connection with a case in relation to which he has been assigned pursuant to a legal aid certificate.

(2) Any disbursements that were reasonably made for the purposes of a case by a solicitor assigned in relation to the case in pursuance of a legal aid certificate and are of a reasonable amount shall be payable under the Act.

16. (1) Subject to paragraphs (2), (4), (5) and (6) of this Regulation, the travelling expenses actually and necessarily incurred by a solicitor in attending the investigation of a charge pursuant to the Rules of Procedure (No. 2) (Defence Forces), 1983 ( S.I. No. 72 of 1983 ), or a court-martial, on any day in any place in connection with a case in relation to which he has been assigned pursuant to a legal aid certificate shall be payable under the Act as follows:

( a ) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of £0.50 per mile of the journey shall be paid, and

( b ) in any other case, a sum equal to the lesser of the following shall be paid, namely:

(i) the actual cost of the journey,

(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.

(2) No travelling expenses shall be payable under the Act to a solicitor practising in the county or county borough of Dublin in connection with his attendance at the investigation of a charge pursuant to the Rules of Procedure (No. 2) (Defence Forces), 1983, or a court-martial, on any day in the county or county borough of Dublin in connection with a case to which he has been assigned pursuant to a legal aid certificate.

(3) Subject to paragraphs (4), (5) and (6) of this Regulation, the travelling and subsistence expenses actually and necessarily incurred by a solicitor practising elsewhere than in the county or county borough of Dublin in attending sittings of the Courts-Martial Appeal Court or the Supreme Court in connection with a case in relation to which he has been assigned pursuant to a legal aid certificate and travelling and subsistence expenses actually and necessarily incurred by a solicitor in travelling to and from any place visited for the purposes of the case shall be payable under the Act as follows:

( a ) in the case of travelling expenses—

(i) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of £0.50 per mile of the journey shall be paid, and

(ii) in any other case, a sum equal to the lesser of the following shall be paid—

(I) the actual cost of the journey,

(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,

and

( b ) in the case of subsistence allowances, on a scale corresponding to the scale for the time being at which the subsistence expenses of civil servants of the highest grade are paid.

(4) No travelling or subsistence expenses shall be paid under the Act to a solicitor assigned in relation to any particular case in pursuance of a legal aid certificate in respect of any day on which the hearing of the case consists only of one or more of the following, that is to say, an application for an adjournment in respect of which fees are not payable under Regulation 12 of these Regulations or in relation to bail or the suspension of the operation of a sentence of penal servitude, imprisonment or detention.

(5) No travelling or subsistence expenses shall be paid under the Act to a solicitor in connection with a case to which Regulation 12(3) of these Regulations applies and in relation to which the solicitor is assigned pursuant to a legal aid certificate.

(6) Where a solicitor is engaged on business in connection with legal proceedings other than business in connection with a case in relation to which he has been assigned pursuant to a legal aid certificate in any place on any day, no travelling or subsistence expenses shall be payable under the Act to the solicitor in connection with the hearing on that day in that place of a case in relation to which he has been assigned in pursuance of a legal aid certificate.

17. (1) Allowances to witnesses attending on behalf of the defence (in obedience to a summons or order or in compliance with a request (being a request which in the opinion of—

( a ) the Deputy Judge Advocate-General in relation to the investigation of a charge pursuant to the Rules of Procedure (No. 2) (Defence Forces), 1983, or a court-martial,

( b ) The Courts-Martial Appeal Court in relation to a hearing in that court,

( c ) the Supreme Court in relation to a hearing in that court,

was reasonable)) at the hearing of a case in relation to which a legal aid certificate has been granted shall be payable under the Act on a scale corresponding to the scale for the time being at which allowances to similar witnesses attending on behalf of the prosecution at the hearing or at similar hearings are paid.

(2) The fees and expenses of witnesses who are qualified medical practitioners attending on behalf of the defence (in obedience to a summons or order or in compliance with a request (being a request which in the opinion of—

( a ) the Deputy Judge Advocate-General in relation to the investigation of a charge pursuant to the Rules of Procedure (No. 2) (Defence Forces), 1983, or a court-martial,

( b ) the Courts Martial Appeal Court in relation to a hearing in that court,

( c ) the Supreme Court in relation to a hearing in that court,

was reasonable)) to give professional evidence at the hearing of a case in relation to which a legal aid certificate has been granted shall be payable under the Act on a scale corresponding to the scale for the time being at which fees and expenses of such witnesses attending on behalf of the prosecution to give professional evidence at the hearing or at similar hearings are paid.

(3) The fees and expenses of witnesses (other than those referred to in paragraph (2) of this Regulation) holding a professional qualification attending on behalf of the defence (in obedience to a summons or order or in compliance with a request (being a request which in the opinion of—

( a ) the Deputy Judge Advocate-General in relation to the investigation of a charge pursuant to the Rules of Procedure (No. 2) (Defence Forces), 1983, or a court-martial,

( b ) the Courts-Martial Appeal Court in relation to a hearing in that court,

( c ) the Supreme Court in relation to a hearing in that court,

was reasonable)) to give professional evidence at the hearing of a case in relation to which a legal aid certificate has been granted shall be payable under the Act on a scale corresponding to the scale for the time being at which fees and expenses of such witnesses attending on behalf of the prosecution to give professional evidence at the hearing or at similar hearings are paid.

(4) The expenses of obtaining medical and technical reports necessarily required for use by the defence in a case in relation to which a legal aid certificate has been granted shall be payable under the Act at a rate corresponding to the rate for the time being at which the expenses of obtaining such reports for use by the prosecution in the case or in similar cases are paid.

18. (1) Notwithstanding anything contained in these Regulations, where a legal aid certificate has been granted to a person and a payment has been made or agreed to be made by or on behalf of the person towards the costs or expenses of the case in relation to which the certificate was granted, a payment shall not be made under the Act in respect of those costs or expenses.

(2) If the Minister so thinks fit, he may refuse to make a payment under the Act in relation to a case in respect of which a legal aid certificate has been granted unless the person in respect of whom the payment falls to be made furnishes to the Minister a document stating that he has not made or agreed to make and will not make or agree to make a payment towards the costs or expenses of the case in relation to which the certificate was granted and is not aware of a payment or intention to make a payment by any other person ( other than under the Act) towards such costs or expenses.

FIRST SCHEDULE.

Form A(i)

LEGAL AID (PRELIMINARY PROCEEDINGS) CERTIFICATE (WHERE CHARGE IS A CAPITAL CHARGE OR A CHARGE OF MURDER)

( a ) Delete unless the Deputy Judge Advocate-General thinks fit that counsel should be assigned.

Form B(i)

LEGAL AID (COURT-MARTIAL) CERTIFICATE (WHERE CHARGE IS OTHER THAN A CAPITAL CHARGE OR A CHARGE OF MURDER)

( a ) Delete unless the Deputy Judge Advocate -General thinks fit that counsel should be assigned

( b ) Insert one or two, as appropriate.

Form B(ii)

LEGAL AID (COURT-MARTIAL) CERTIFICATE (WHERE CHARGE IS A CAPITAL CHARGE OR A CHARGE OF MURDER).

( a ) Delete unless the Deputy Judge Advocate-General thinks fit that counsel should be assigned.

( b ) Insert one or two, as appropriate.

Form C(i)

LEGAL AID (COURTS-MARTIAL APPEAL COURT) CERTIFICATE (GRANTED BY THE DEPUTY JUDGE ADVOCATE-GENERAL IN RESPECT OF AN APPEAL TO THE COURTS-MARTIAL APPEAL COURT WHERE THE CONVICTION IS ONE OTHER THAN OF A CAPITAL OFFENCE OR MURDER)

( a ) State whether the reason is—

(1) the serious nature of the offence.

(2) exception al circumstances. or

(3) the serious nature of the offence and exceptional circumstances.

( b ) Delete unless the Deputy Judge Advocate-General thinks fit that two counsel should be assigned.

Form C(ii)

LEGAL AID (COURTS-MARTIAL APPEAL COURT) CERTIFICATE (GRANTED BY THE COURTS-MARTIAL APPEAL COURT IN RESPECT OF AN APPEAL TO THE COURTS-MARTIAL APPEAL COURT WHERE THE CONVICTION IS ONE OTHER THAN OF A CAPITAL OFFENCE OR MURDER).

( a ) State whether the reason is—

(1) the serious nature of the offence.

(2) exception circumstances. or

(3) the serious nature of the offence and exceptional circumstances

( b ) Delete unless the Court thinks fit that two counsel should be assigned.

Form C(iii)

LEGAL AID (COURTS-MARTIAL APPEAL COURT) CERTIFICATE (GRANTED BY THE DEPUTY JUDGE-ADVOCATE GENERAL IN RESPECT OF AN APPEAL TO THE COURTS-MARTIAL APPEAL COURT WHERE THE CONVICTION IS OF A CAPITAL OFFENCE OR MURDER)

( a ) Delete unless the Deputy Judge Advocate-General thinks fit that two counsel should be assigned.

Form C(iv)

LEGAL AID (COURTS-MARTIAL APPEAL COURT) CERTIFICATE (GRANTED BY THE COURTS-MARTIAL APPEAL COURT IN RESPECT OF AN APPEAL TO THE COURTS-MARTIAL APPEAL COURT WHERE THE CONVICTION IS OF A CAPITAL OFFENCE OR MURDER).

( a ) Delete unless the Court thinks fit that two counsel should be assigned.

Form D(i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE COURTS-MARTIAL APPEAL COURT IN RESPECT OF AN APPEAL FROM THE COURTS-MARTIAL APPEAL COURT TO THE SUPREME COURT)

( a ) Delete unless the Court thinks fit that two counsel should be assigned.

Form D(ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL FROM THE COURTS-MARTIAL APPEAL COURT TO THE SUPREME COURT)

( a ) Delete unless the Court thinks fit that two counsel should be assigned.

SECOND SCHEDULE

STATEMENT OF MEANS OF AN APPLICANT FOR FREE LEGAL AID

As an applicant for free legal aid, you are hereby required in pursuance of section 32 of the Courts-Martial Appeals Act, 1983 , to furnish on this form particulars relevant for determining whether your means are insufficient to enable you to obtain legal aid.

You must enter true and correct particulars against each numbered heading. If the answer is "None" or "No" that must be written in.

DECLARATION*

I declare that to the best of my knowledge and belief the above particulars are true.

*WARNING—If any person in furnishing this statement of means knowingly makes any false statement or false representation he is liable, on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both.

THIRD SCHEDULE

SOLICITORS' FEES IN COURTS-MARTIAL CASES (OTHER THAN CASES TO WHICH REGULATION 12(2)(a) APPLIES) AND CASES IN THE COURTS-MARTIAL APPEAL COURT AND THE SUPREME COURT

GIVEN under my Official Seal, this 16th day of December, 1986.

P. O'TOOLE.

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 16th

day of December, 1986.

JOHN BRUTON.

EXPLANATORY NOTE.

These Regulations prescribe the procedure for the grant in certain cases of free legal aid to persons charged with, or convicted of, offences against military law. They also prescribe the scales of fees and expenses payable in such cases.