The Gazette 1992

N W E s Society Seeks Substantial Increase in Criminal Aid Fees

GAZETTE

MARCH 1992

Aid Scheme are totally out of line, varying in some cases between a factor of four and eight times too low. The Criminal Law Committee says in its submission: "in assessing what we consider to be a reasonable remuneration in the average case, we have taken into account the pressure on State funding, and the positive factors from an accused's point of view of having a system of criminal legal aid available. However, we have also had regard to the increasingly complex nature of the practice of Criminal Law due to the domestic and EC. We conclude that all the objective evidence suggests that, on a case by case analysis, the practice of Criminal Law is more time consuming, specialist and carries a greater level of responsibility than other types of work. For the Criminal Legal Aid System to function effectively, this must be recognised in the rates of remuneration." Trials on Indictment The submission says that the current provision of the Scheme linking a solicitor's instructions fee to counsel's brief fee is totally unrealistic. In every comparable type of civil case that is referred to taxation, as well as cases where costs are agreed with the State authorities, it is invariably accepted that the bulk of the expense in preparing a case for trial is borne by the solicitor and this is reflected in the instructions fee which is generally four to six times counsel's brief fee. Therefore, the submission proposes that the instructions fees must be increased substantially and the existing linkage with counsel's fee ended. The submission goes on to suggest a level combination of scientific and investigative advances and the complexity of legislation both

cases, a scheme could be agreed along the lines of that agreed between the Bar Council and the Director of Public Prosecutions. District Court Fees The simplest way to arrive at a fair scale of fees for criminal District Court work, the submission argues, would be to relate the fees to the present statutory scale of fees for that Court (which are due for immediate increase), taking into account that in every instance, the costs of a successful defence are the same as the costs of a successful prosecution. The submission then goes on to detail appropriate levels of payment for pleas, defences, adjournments and refresher fees. The submission also states that provision should be made urgently for payment for attendances at Garda stations. Members of the Criminal Law Committee presented the submission to officials of the Department of Justice at a meeting on 19 February last. The submission is now being considered by the Department and further discussions are due to take place in the near future. •

The Criminal Law Committee of the Law Society has made a submission to the Department of Justice seeking a substantial increase in fees payabie to solicitors operating the Criminal Legal Aid Scheme. The submission notes widespread concern amongst the legal profession that the Scheme is at present paying a rate of remuneration for criminal defence work far below the true worth of the work undertaken to such an extent that participating lawyers are incurring substantial losses on cases undertaken. The submission makes several fundamental criticisms of how the Scheme is operating and says that these must be addressed. " I n order to ensure that the Scheme can meet its statutory and constitutional obligations, the level of payment for work must be adjusted to bring it into line with the true cost of the work and thereby ensure that a legally-aided accused is not disadvantaged in the preparation of his defence by his lack of means." Comparisons The submission draws a number of comparisons which show that the fees currently payable under the Criminal Legal Aid Scheme are far short of the mark. The submission argues that in a number of cases (mainly involving retrials), which were dealt with on the basis of costs being awarded against the State and taxed (or agreed) on that basis, in general the Criminal Legal Aid fee would have been less than one third of the fee actually paid and independently assessed. Secondly, an assessment of the fees payable for other civil work, also on the basis of independent taxation of costs in the Circuit Court, High Court and Supreme Court, shows that the fees payable under the Criminal Legal

Conveyancing Handbook

Please note that copies of the Conveyancing Handbook are still available at the introductory price of £10 up until 31 March, 1992. As and from 1 April, 1992 the price of the Handbook will be £25. Any enquiries should be directed to Linda Kirwan, Solicitor, The Law Society, Blackhall Place, Dublin 7.

of fee for the average trial on indictment. In more complex

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