S.I. No. 100/1975:

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1975.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1975.

I, PATRICK COONEY, 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, 1975.

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 );

"the 1970 Regulations" means the Criminal Justice (Legal Aid) (Amendment) Regulations, 1970 ( S.I. No. 240 of 1970 ).

3. Regulation 7 (2) of the Principal Regulations is hereby amended by the substitution for "the defense or appeal, as the case may be," of "his case" and the said Regulation 7 (2), as so amended, is set out in the Table to this paragraph.

TABLE.

(2) The court granting a certificate (other than a legal aid (District Court) certificate) for free legal aid may, if the person to whom it is granted is charged with murder or the case concerning him appears to present exceptional difficulty and is not an appeal to the Circuit Court and the court 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.

4. The Principal Regulations are hereby amended by the substitution for Regulation 10 (as amended by Regulation 4 (1) of the 1970 Regulations) of the following Regulation--

"10. (1) Subject to paragraphs (4), (6) and (7) of this Regulation, the fees (payable under the Act) of a solicitor assigned in relation to any particular case in pursuance of a certificate for free legal aid shall be those specified in column (2) of the First Schedule to these Regulations opposite the mention of the particular case in column (1) of the said Schedule, together with, if the case lasts for more than one day, the fees specified in column (3) of the said Schedule opposite the mention of the particular case in the said column (1) for each day or part of a day after the first for which the case lasts.

(2) Subject to paragraphs (4), (5), (7) and (8) of this Regulation, where one counsel only is assigned in relation to any particular case in pursuance of a certificate for free legal aid, the fees (payable under the Act) of the counsel so assigned shall be those specified in column (4) of the First Schedule to these Regulations opposite the mention of the particular case in column (1) of the said Schedule, together with, if the case lasts for more than one day, the fees specified in column (5) of the said Schedule opposite the mention of the particular case in the said column (1) for each day or part of a day after the first for which the case lasts.

(3) Subject to paragraphs (4), (5), (7) and (8) of this Regulation, where two counsel are assigned in relation to any particular case in pursuance of a certificate for free legal aid, the fees (payable under the Act) of the first counsel so assigned shall be those specified in column (4) of the First Schedule to these Regulations opposite the mention of the particular case in column (1) of the said Schedule together with, if the case lasts for more than one day, the fees specified in column (5) of the said Schedule opposite the mention of the particular case in the said column (1) for each day or part of a day after the first for which the case lasts and the fees (payable under the Act) of the second counsel so assigned shall be two-thirds of each of the fees aforesaid rounded up to the nearest pound.

(4) 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 or a remand--

( a ) a fee of £5.25 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 £4.20 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):

Provided that, where a person has been sent forward for sentence under section 13 (2) of the Criminal Procedure Act, 1967 (No. 12 of 1967), the hearing at which he appears or is brought before the court for sentence shall not, for the purpose of this paragraph, be treated as consisting only of the consideration of the penalty (if any) to be imposed on conviction of an offence and the imposition or non-imposition of a penalty.

(5) No fee shall be paid under the Act to counsel assigned in relation to any particular case in pursuance of a certificate for free legal aid in respect of any day on which the hearing consists only of an application in relation to bail.

(6) No fee shall be paid under the Act to a solicitor assigned in relation to any particular case in pursuance of a certificate for free legal aid in respect of any day on which the hearing of the case consists only of an application in relation to bail other than an application in relation to bail to the High Court or Supreme Court in respect of which--

( a ) if the hearing lasts for one day only, a fee of £28 shall be paid, and,

( b ) if the hearing lasts for more than one day, a fee of £28 shall be paid for the first day and a fee of £14 shall be paid for each day or part of a day after the first for which the case lasts.

(7) The fees (payable under the Act) of a person, being either a solicitor or counsel, assigned pursuant to certificates for free legal aid on behalf of two or more persons whose cases are being heard together, shall be those to which the person would have been entitled under the Act if he had been assigned pursuant to a certificate for free legal aid on behalf of one person only increased by such amount (if any) as the court may think proper not exceeding--

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

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

(8) Where one or two counsel are assigned in relation to any particular case in pursuance of a certificate for free legal aid and, in the opinion of the court hearing the case, it was necessary for the person to whom the certificate was granted to obtain preliminary advice or advices from counsel in writing in relation to the case, a single fee shall be paid under the Act in respect of the advice or advices and it shall be of such amount, not exceeding £10.50, as the court hearing the case considers proper and certifies.

5. Regulation 11 of the Principal Regulations (as amended by Regulation 5 of the 1970 Regulations) is hereby amended by--

( a ) the substitution in paragraphs (2) and (3) for "1s per mile" of "8p per mile", and

( b ) the substitution in paragraph (4) for "one or more of the following, that is to say, an application for a remand or in relation to bail" of "an application in relation to bail other than an application in relation to bail to the High Court or Supreme Court", and

the paragraphs, as so amended, are set out in the Table to this Regulation.

TABLE.

(2) Subject to paragraphs (4) and (5) of this Regulation, the travelling expenses actually and necessarily incurred by a solicitor in attending sittings of the Circuit or District Court on any day in any place (other than the county or county borough of Dublin) in connection with a case in relation to which he has been assigned pursuant to a certificate for free legal aid 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 8p 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.

(3) Subject to paragraphs (4) and (5) 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 a court (other than the Circuit or District Court) in connection with a case in relation to which he has been assigned pursuant to a certificate for free legal aid 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 8p 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 certificate for free legal aid in respect of any day on which the hearing of the case consists only of an application in relation to bail other than an application in relation to bail to the High Court or Supreme Court.

6. Regulation 3 of the 1970 Regulations is hereby amended by the substitution of "£3.50" for "£2.2.0d", and the said Regulation, as so amended, is set out in the Table to this Regulation.

TABLE.

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 £3.15 shall be paid under the Act to the counsel or each of the counsel, as the case may be, involved and a single fee of £3.50 shall be paid to the solicitor involved.

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 £9 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 8p 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.

8. The First Schedule to the Principal Regulations is hereby amended by--

( a ) the insertion after Form B (i) of the Form set out in Part I of the Second Schedule to these Regulations, and

( b ) the insertion after Form C (i) of the Form set out in Part II of the Second Schedule to these Regulations.

9. The Third Schedule to the Principal Regulations (as amended by Regulation 8 of the 1970 Regulations) is hereby amended by the substitution for the Table therein of the Table set out in the First Schedule to these Regulations.

FIRST SCHEDULE.

SOLICITOR'S AND COUNSEL'S FEES

SECOND SCHEDULE.

PART I.

FORM B (i) (A)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY DISTRICT COURT WHERE CHARGE IS OTHER THAN ONE OF MURDER AND WHERE ACCUSED IS BEING SENT FORWARD FOR SENTENCE).

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

SECOND SCHEDULE.

PART II.

FORM C (i) (A)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY CIRCUIT COURT OR CENTRAL CRIMINAL COURT WHERE CHARGE IS OTHER THAN ONE OF MURDER AND WHERE ACCUSED HAS BEEN SENT FORWARD FOR SENTENCE).

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

GIVEN under my Official Seal, this 19th day of May, 1975.

PATRICK COONEY,

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 19th day of May, 1975.

RICHIE RYAN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations prescribe new scales of fees and expenses for solicitors in connection with the legal aid scheme for poor persons in certain criminal cases and restate in decimal currency the other fees currently authorised. The Minister for Industry and Commerce has, under section 2 (2) (a) of the Prices (Amendment) Act, 1972 , consented to the exercise by the Ministers for Justice and Finance of their statutory powers to determine the fees conained in these Regulations.

The Regulations also prescribe two new forms of legal aid certificates.