S.I. No. 575/2002 - Criminal Justice (Legal Aid) (Amendment) Regulations 2002

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 2002.

(2) The Criminal Justice (Legal Aid) Regulations 1965 to 2001 and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations 1965 to 2002.

(3) These Regulations are deemed to have come into operation on 1 October, 2002.

2. In these Regulations -

“Act” means the Criminal Justice (Legal Aid) Act 1962 (No. 12 of 1962);

“prison” means a place of custody administered by the Minister for Justice, Equality and Law Reform other than a Garda Síochána station.

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 those specified in Part 1 of Schedule 1.

(2) The scale 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 that specified in Part 2 of Schedule 1.

(3) The scale of payment of fee payable to a solicitor assigned, pursuant to a legal aid certificate, to a person in respect of any visit to that 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 that specified in Part 3 of Schedule 1.

4. (1) The scale 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 that specified in Part 1 of Schedule 2.

(2) The scale of payment of fee payable to counsel assigned, pursuant to a legal aid certificate, to a person in respect of any visit to that 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 that specified in Part 2 of Schedule 2.

5. The Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations 2001 ( S.I. No. 427 of 2001 ) 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.	€ 217.08 in relation to first 4 cases.	€ 130.23 in relation to each subsequent case.	€ 54.28
Fee in respect of second defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.	€ 130.23 in relation to first 4 cases.	€ 77.78 in relation to each subsequent case.	€ 54.28
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	€ 86.85 in relation to first 4 cases.	€ 54.28 in relation to each subsequent case.	€ 54.28

Part 2

Bail Applications

Fee in respect of each contested bail

application to Circuit Court or Special Criminal Court:

€98.59

Part 3

Essential Visits

Fee in respect of each essential visit to prison:

€104.73

SCHEDULE 2

COUNSELS' FEES

Part 1

Bail Applications

Fee in respect of each contested bail

application to Circuit Court or Special Criminal Court:

€98.59

Part 2

Essential Visits

Fee in respect of each essential visit to prison:

€104.73

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GIVEN under my Official Seal,

_____________________ 2002.

_________________________

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,

______________________2002.

__________________

Charlie McCreevy

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:

4% with effect from 1st October, 2002.