S.I. No. 33/1978 - Criminal Justice (Legal Aid) (Amendment) Regulations, 1978.

S.I. No. 33 of 1978.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1978.

I, GERARD COLLINS, 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) Regulations, 1978.

(2) The Regulations and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations, 1965 to 1978.

(3) These Regulations shall be deemed to have come into operation on the 28th day of September, 1977.

2. In these Regulations—

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

"the Regulations" means the Criminal Justice (Legal Aid) Regulations, 1965 to 1976, and the Criminal Justice (Legal Aid) (Amendment) Regulations, 1977 ( S.I. No. 202 of 1977 ).

3. (1) ( a ) The fees (payable under the Act) of a solicitor assigned in relation to any particular case (other than a case in the District Court or an appeal to the Circuit Court) in pursuance of a certificate or certificates for free legal aid shall be those specified in column (2) of the 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 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 the 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 certificate or certificates for free legal aid 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 Schedule to these Regulations to junior counsel's refresher is a reference to the fee that was or would be payable under the 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 certificate or certificates for free legal aid and was or had been present as aforesaid.

( d ) A reference in column (2) of the 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 the 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 certificate or certificates for free legal aid 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 Schedule to these Regulations to senior counsel's refresher is a reference to the fee that was or would be payable under the 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 certificate or certificates for free legal aid and was or had been present as aforesaid.

( f ) Where—

(i) the same counsel is or are assigned in pursuance of two or more certificates for free legal aid to two or more defendants and the cases to which they relate are heard together and are not cases in the District Court or appeals to the Circuit Court, and

(ii) the same solicitors are not assigned in relation to all the cases in pursuance of certificates for free legal aid to all the defendants 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, formed after consultation with the Director of Public Prosecutions, would have been payable to the counsel if the prosecution had related only to the defendant or defendants 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 certificates for free legal aid to one or more defendants and the cases to which they relate are heard together and are not cases in the District Court or appeals to the Circuit Court, the solicitor so assigned shall be deemed, for the purposes of these Regulations, to have been assigned to the said defendant or defendants, 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 defendant and the same counsel are not assigned in pursuance of the certificates referred to therein to all the defendants, 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, formed after consultation with the Director of Public Prosecutions, have been payable if the same counsel had been so assigned to all the defendants 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 certificate or certificates for free legal aid and relates to 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 in the District Court or an appeal to the Circuit Court in pursuance of a certificate or certificates for free legal aid in respect of any day on which the hearing of the case consists only of an application for an adjournment.

(2) ( a ) The fees (payable under the Act) of a solicitor assigned in relation to a case in the District Court or an appeal to the Circuit Court in pursuance of a certificate for free legal aid shall be £27 together with, if the hearing lasts for more than one day, a fee of £12 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 the District Court or an appeal to the Circuit Court in pursuance of a certificate for free legal aid 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 Court, for the purposes of the solicitor's convenience.

(3) Paragraph (1) of this Regulation is in substitution for so much of the Regulations as prescribes, or otherwise relates to, rates or scales of payment of fees of solicitors assigned in pursuance of certificates for free legal aid in relation to cases other than cases in the District Court or appeals to the Circuit Court.

4. 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 certificate for free legal aid and are of a reasonable amount shall be payable under the Act.

5. The Criminal Justice (Legal Aid) (Amendment) Regulations, 1975 ( S.I. No. 100 of 1975 ), are hereby amended by the substitution of the following Regulation for Regulation 7:

"7. Where, in connection with a case or cases in relation to which a solicitor has been assigned pursuant to a certificate or certificates for free legal aid, it is essential for a solicitor to visit a prison or other custodial centre (other than a Garda Station), there shall be paid under the Act a fee of £14 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 15p 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."

6. Regulation 11 of the Criminal Justice (Legal Aid) Regulations, 1965 ( S.I. No. 12 of 1965 ), is hereby amended—

( a ) by the deletion of "summoned and" in each place where it occurs in subparagraphs (a), (b) and (c) of paragraph (1),

( b ) by the insertion of "(in obedience to a summons or in compliance with a request (being a request which in the opinion of the court was reasonable))" after "attending on behalf of the defence" in the said subparagraphs (a), (b) and (c),

( c ) by the substitution of the following paragraph for subparagraph (a) of paragraph (2):

"(a) in case the solicitor makes the whole journey in his own motor-car a sum calculated at the rate of 15p per mile of the journey shall be paid, and",

and

( d ) by the substitution of the following clause for clause (i) of paragraph (3) (a):

"(i) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 15p per mile of the journey shall be paid, and".

SCHEDULE.

Regulation 3.

Solicitor's fees in cases in Courts other than cases in the District Court or appeals to the Circuit Court.

Type of hearing	One-day hearing	Each additional day
(1)	(2)	(3)
Circuit Court, Central Criminal Court or Special Criminal Court hearing in relation to a charge—
(1) other than murder	The same as junior counsel's fee	73% of junior counsel's refresher
(2) of murder in which—
( a ) 1 counsel only is assigned	The same as junior counsel's fee	74% of junior counsel's refresher
( b ) 2 counsel are assigned	The same as senior counsel's fee	48% of senior counsel's refresher
Court of Criminal Appeal hearing in relation to a charge
(1) other than murder—	119% of junior counsel's fee	73% of junior counsel's refresher
(2) of murder in which—
( a ) 1 counsel only is assigned	The same as junior counsel's fee	58% of junior counsel's refresher
( b ) 2 counsel are assigned	The same as senior counsel's fee	38% of senior counsel's refresher
High Court hearing of case stated by District Court	The same as junior counsel's fee	73% of junior counsel's refresher
Supreme Court hearing of case stated by Circuit Court	The same as junior counsel's fee	73% of junior counsel's refresher
Supreme Court hearing of appeal from determination of High Court on case stated by District Court	The same as junior counsel's fee	73% of junior counsel's refresher
Supreme Court hearing of appeal from Court of Criminal Appeal in relation to a charge—
(1) other than murder	119% of junior counsel's fee	73% of junior counsel's refresher
(2) of murder in which—
( a ) 1 counsel only is assigned	80% of junior counsel's fee	58% of junior counsel's refresher
( b ) 2 counsel are assigned	83% of senior counsel's fee	38% of senior counsel's refresher

GIVEN under my Official Seal, this 15th day of February, 1978.

GERARD COLLINS,

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 15th day of February, 1978.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for changes in the fees and expenses payable to solicitors under the Criminal Legal Aid Scheme. Increased fees are prescribed in respect of hearings in the District Court and the hearing of appeals to the Circuit Court. The fees in all other cases will be related to those payable to defence counsel. Increased fees for prison visits and increased travelling expenses are also prescribed and provision is made for the payment of reasonable disbursements.