S.I. No. 240/1970 - Criminal Justice (Legal Aid) (Amendment) Regulations, 1970.

S.I. No. 240 of 1970.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1970.

I, DESMOND O'MALLEY, 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. These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations, 1970.

2. In these Regulations—

" the Act" means the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962);

" the Principal Regulations " means the Criminal Justice (Legal Aid) Regulations, 1965 ( S.I. No. 12 of 1965 ).

3. Where, in connection with a case which involves a charge of murder, manslaughter or dangerous driving of a vehicle causing death or serious bodily harm to another person and in relation to which a solicitor and one or two counsel are assigned in pursuance of a certificate for free legal aid, a consultation or consultations is or are held, a single fee of £2. 2. 0d. shall be paid to the solicitor involved.

4. (1) Where on any day the hearing of a case in relation to which a solicitor or a solicitor and counsel is or are assigned in pursuance of a certificate for free legal aid consists of one or more of the following, that is to say, the delivery of a reserved judgment, consideration of the penalty (if any) to be imposed on conviction of an offence and the imposition or non-imposition of a penalty or an application for an adjournment—

( a ) notwithstanding anything contained in Regulation 10 (4) of the Principal Regulations, a fee of £3. 3. 0d. shall be paid under the Act to the solicitor if the solicitor attends the hearing, and

( b ) if counsel is or are assigned in pursuance of the certificate a fee of £4. 4. 0d. shall be paid under the act to one counsel if he attends the hearing (other than a hearing consisting only of an application for an adjournment).

(2) Regulation 11 (4) of the Principal Regulations shall have effect as if—

( a ) " the delivery of a reserved judgment, consideration of the penalty (if any) to be imposed on conviction of an offence and the imposition or non-imposition of a penalty" were deleted, and

( b ) " a remand " were substituted for " an adjournment or remand ".

5. Regulation 11 of the Principal Regulations is hereby amended by the substitution of " 1s. per mile " for " 10d. per mile " where it occurs in paragraphs (2) and (3).

6. There shall be paid to a solicitor under the Act any sums 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 certificate for free legal aid.

7. Where a solicitor assigned in pursuance of a certificate for free legal aid 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.

8. The Third Schedule to the Principal Regulations is hereby amended by the substitution for the table therein of the table contained in the Schedule to these Regulations.

SCHEDULE

SOLICITOR'S AND COUNSEL'S FEES

GIVEN under my Official Seal, this 7th day of October, 1970.

DESMOND O'MALLEY,

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 7th

day of October, 1970.

SEOIRSE Ó COLLA.

EXPLANATORY NOTE.

These regulations prescribe new scales of fees and expenses in connection with the Legal Aid Scheme for poor persons in certain criminal cases.