S.I. No. 389/2005 - Criminal Justice (Legal Aid) (Amendment) Regulations 2005

S.I. No. 389 of 2005 .

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS 2005.

I, MICHAEL McDOWELL, 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 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 2005.

(2) The Criminal Justice (Legal Aid) Regulations 1965 to 2003 and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations 1965 to 2005.

(3) These Regulations are deemed to have come into operation on 1 June 2005.

2. (1) In these Regulations “prison” means a place of custody administered by the Minister for Justice, Equality and Law Reform other than a Garda Síochána station.

(2) In these Regulations a reference to a Schedule is a reference to a Schedule to these Regulations.

3. (1) The scales of payment of fees payable to a solicitor assigned, pursuant to a legal aid certificate, to a person charged before the District Court or to an appellant in the Circuit Court shall be as follows:

(a) from 1 June 2005 to 30 November 2005, those specified in Part 1 of Schedule 1,

(b) from 1 December 2005 to 31 May 2006, those specified in Part 1 of Schedule 3, and

(2) The rate of payment of fee payable to a solicitor assigned, pursuant to a legal aid certificate, to a person before the Circuit Court or Special Criminal Court in relation to an application to be admitted to bail that is contested by the prosecution shall be as follows:

(a) from 1 June 2005 to 30 November 2005, that specified in Part 2 of Schedule 1,

(b) from 1 December 2005 to 31 May 2006, that specified in Part 2 of Schedule 3, and

(3) The rate of payment of fee payable to a solicitor assigned, pursuant to a legal aid certificate, to a person in respect of any visit to the person in prison that is essential to the preparation and conduct of the person's defence appeal or case stated, as the case may be, shall be as follows:

(a) from 1 June 2005 to 30 November 2005, that specified in Part 3 of Schedule 1,

(b) from 1 December 2005 to 31 May 2006, that specified in Part 3 of Schedule 3, and

4. (1) The rate of payment of fee payable to counsel assigned, pursuant to a legal aid certificate, to a person before the Circuit Court or Special Criminal Court in relation to an application to be admitted to bail that is contested by the prosecution shall be as follows:

(a) from 1 June 2005 to 30 November 2005, that specified in Part 1 of Schedule 2,

(b) from 1 December 2005 to 31 May 2006, that specified in Part 1 of Schedule 4, and

(2) The rate of payment of fee payable to counsel assigned, pursuant to a legal aid certificate, to a person in respect of any visit to the person in prison that is essential to the preparation and conduct of the person's defence appeal or case stated, as the case may be, shall be as follows:

(a) from 1 June 2005 to 30 November 2005, that specified in Part 2 of Schedule 2,

(b) from 1 December 2005 to 31 May 2006, that specified in Part 2 of Schedule 4, and

5. The Criminal Justice (Legal Aid) (Amendment) Regulations 2003 ( S.I. No. 713 of 2003 ) are revoked.

SCHEDULE 1

SOLICITORS’ FEES

Part 1

District Court and appeals to Circuit Court

Defendant/Appellant	First day of hearing		Subsequent days of hearing
(1)	(2)		(3)
Fee in respect of defendant/appellant where only one defendant/appellant represented and in respect of first defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.	€236.11 in relation to first 4 cases.	€141.65 in relation to each subsequent case.	€59.04
Fee in respect of second defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.	€141.65 in relation to first 4 cases.	€84.59 in relation to each subsequent case.	€59.04
Fee in respect of each defendant/appellant (other than the first and second defendants/appellants) where solicitor assigned in respect of more than 2 defendants/appellants	€94.48 in relation to first 4 cases.	€59.04 in relation to each subsequent case.	€59.04

Part 2

Bail Applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€107.23

Part 3

Essential Visits

Fee in respect of each essential visit to prison:

€113.91

SCHEDULE 2

COUNSELS’ FEES

Part 1

Bail Applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€107.23

Part 2

Essential Visits

Fee in respect of each essential visit to prison:

€113.91

SCHEDULE 3

SOLICITORS’ FEES

Part 1

District Court and appeals to Circuit Court

Defendant/Appellant	First day of hearing		Subsequent days of hearing
(1)	(2)		(3)
Fee in respect of defendant/appellant where only one defendant/appellant represented and in respect of first defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.	€239.65 in relation to first 4 cases.	€143.77 in relation to each subsequent case.	€59.93
Fee in respect of second defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.	€143.77 in relation to first 4 cases.	€85.86 in relation to each subsequent case.	€59.93
Fee in respect of each defendant/appellant (other than the first and second defendants/appellants) where solicitor assigned in respect of more than 2 defendants/appellants	€95.90 in relation to first 4 cases.	€59.93 in relation to each subsequent case.	€59.93

Part 2

Bail Applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€108.84

Part 3

Essential Visits

Fee in respect of each essential visit to prison:

€115.62

SCHEDULE 4

COUNSELS’ FEES

Part 1

Bail Applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€108.84

Part 2

Essential Visits

Fee in respect of each essential visit to prison:

€115.62

SCHEDULE 5

SOLICITORS’ FEES

Part 1

District Court and appeals to Circuit Court

Defendant/Appellant	First day of hearing		Subsequent days of hearing
(1)	(2)		(3)
Fee in respect of defendant/appellant where only one defendant/appellant represented and in respect of first defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.	€245.64 in relation to first 4 cases.	€147.36 in relation to each subsequent case.	€61.43
Fee in respect of second defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.	€147.36 in relation to first 4 cases.	€88.01 in relation to each subsequent case.	€61.43
Fee in respect of each defendant/appellant (other than the first and second defendants/appellants) where solicitor assigned in respect of more than 2 defendants/appellants	€98.30 in relation to first 4 cases.	€61.43 in relation to each subsequent case.	€61.43

Part 2

Bail Applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€111.56

Part 3

Essential Visits

Fee in respect of each essential visit to prison:

€118.51

SCHEDULE 6

COUNSELS’ FEES

Part 1

Bail Applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€111.56

Part 2

Essential Visits

Fee in respect of each essential visit to prison:

€118.51

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GIVEN under my Official Seal, this 22nd day of July 2005.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

The Minister for Finance consents to the making of the foregoing Regulations.

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GIVEN under my Official Seal, this 25th day of July 2005.

BRIAN COWEN,

Minister for Finance.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

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 essential visits to prisons and other custodial centres (other than Garda Stations) and for certain bail applications, as follows;

1.5% with effect from 1st June 2005

1.5% with effect from 1st December 2005

2.5% with effect from 1st June 2006.