S.I. No. 427/2001 -- Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 2001

S.I. No. 427/2001 -- Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 2001 2001 427

STATUTORY INSTRUMENTS

S.I. No. 427 of 2001

Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 2001

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S.I. No. 427 of 2001

Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 2001

I, John O'Donoghue, 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 in so far as the following Regulations relate to rates or scales of payment of fees, with the consent of the Minister for Finance, make the following Regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 2001.

(2) The collective citation “the Criminal Justice (Legal Aid) Regulations, 1965 to 2001” shall include these Regulations.

(3) These Regulations shall be deemed to have come into operation on 1 October, 2001.

2. In these Regulations “the Act” means the Criminal Justice (Legal Aid) Act, 1962 .

3. The fees payable under the Act to a solicitor assigned in pursuance of a free legal aid certificate for cases in the District Court and appeals to the Circuit Court, for bail applications to the Circuit Court or Special Criminal Court which are contested by the prosecution and for essential visits to prisons and other custodial centres (other than Garda Stations) shall be those set out in the First Schedule to these Regulations.

4. The fees payable under the Act to counsel assigned in pursuance of a free legal aid certificate for bail applications to the Circuit Court or the Special Criminal Court which are contested by the prosecution and for essential visits to prisons and other custodial centres (other than Garda Stations) shall be those set out in the Second Schedule to these Regulations.

5. The Criminal Justice (Legal Aid) (Amendment) Regulations, 2001 ( S.I. No. 124 of 2001 ) are revoked.

FIRST SCHEDULE

Part 1
The fees payable to a solicitor in cases in the District Court and appeals to the Circuit Court in respect of (a) the first day of a hearing and (b) each subsequent day.
Classification of defendant	(a) First day of hearing		(b) Each subsequent day
	Fee for each of the first four such persons represented on any one day by the solicitor.	Fee for the fifth and for each additional such person represented on any one day by the solicitor.	Fee for each such person represented on any one day by the solicitor.
(1)	(2)	(3)	(4)
The defendant, in cases involving only one defendant or the first defendant in cases involving multiple defendants.	£164.39 €208.73	£98.62 €125.22	£41.10 €52.19
The second defendant in cases involving multiple defendants.	£98.62 €125.22	£58.90 €74.79	£41.10 €52.19
Each defendant other than the first or second defendant in cases involving multiple defendants.	£65.77 €83.51	£41.10 €52.19	£41.10 €52.19

Part 2

The fee payable to a solicitor in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£74.66

€94.80

Part 3

The fee payable to a solicitor in respect of each essential visit to a prison or other custodial centre (other than a Garda Station).

£79.31

€100.70

SECOND SCHEDULE

Part 1

The fee payable to counsel in respect of each contested bail application to the Circuit Court or Special Criminal Court.

£74.66

€94.80

Part 2

The fee payable to counsel in respect of each essential visit to a prison or other custodial centre (other than a Garda Station).

£79.31

€100.70

../images/seal.jpg

GIVEN under my Official Seal,

this 20th day of September, 2001.

_______________________

John O'Donoghue

Minister for Justice,

Equality and Law Reform.

The Minister for Finance consents to the making of the foregoing Regulations in so far as they relate to rates or scales of payment of fees.

../images/seal.jpg

GIVEN under my Official Seal,

this 19th day of September, 2001.

________________

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;

5.5% with effect from 1st October, 2001.

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S.I. No. 427/2001 -- Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 2001