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GAZETTE
N E W S
DECEMBER 1994
News f r om t he Cr imi nal Law
Commi t t ee
The Committee announces that the
Council of the Law Society passed
two resolutions which affect all
criminal law practitioners, at its
meeting on Friday 28 October 1994.
Firstly, the Guidelines'on Professional
Conduct for Criminal Practitioners
were approved by Council and have
immediate effect. The full text of the
Guidelines is printed below.
Secondly, the Council approved an
agreement with the Minister for
Justice in relation to fees for
exceptional cases in the District Court
and on appeal to the Circuit Court
under the Criminal Legal Aid Scheme.
The agreement has not yet been
signed but the full text of it is
printed below.
Guidelines on Professional Conduct
for Criminal Practitioners
1. A solicitor should not, either by
him/herself or by anyone on
his/her behalf, approach a person
who might become a client with a
view to representing that person.
1.1 Before taking instructions from
any person in any criminal case, a
solicitor should satisfy
him/herself that that person has
not already engaged the services
of another solicitor in that
particular case or in related
proceedings.
1.2 In the event of disagreement
between solicitors relating to the
transfer of a solicitor's case from
one solicitor to another in a
criminal matter, the matter should
be referred to the Professional
Purposes Committee of the Law
Society for resolution.
2. Where a solicitor requires, for
consultation purposes, to visit a
prisoner in custody in cells
within a courthouse or in the
immediate vicinity of a court, the
solicitor should so inform the
court and seek to have the
accused's case put back in order
to enable a consultation to take
place.
3. Where an accused is brought
before a court on charges which
may in normal circumstances be
described as "new charges" but
such person has already retained a
solicitor in related proceedings,
no solicitor shall accept
instructions from such person on
those new charges unless he/she
receives instructions in respect of
all charges before the court and
complies with the provision of
paragraph 6 below in discharging
the retainer of the previously
instructed solicitor.
4. A solicitor may accept an
instruction to act for a client in an
appeal even if that solicitor did
not act for the client in the
original proceedings except where
another solicitor has previously
been retained and is on record in
respect of the appeal.
5. A solicitor should not actively
encourage or offer inducements to
any person with a view to
obtaining instructions from such
person.
6. A solicitor shall not accept
instructions to act for a client in a
case where another solicitor has
already been retained in that
matter without ensuring that the
first solicitor's retainer is
discharged. This provision will
not be applicable where a
solicitor is assigned by a court
to act for the accused on
legal aid.
7. A solicitor who is in breach of
any of the provisions of this code
of conduct will be liable to
disciplinary proceedings for
unprofessional conduct.
Agreement between the Minister for
Justice and the Law Society in
relation to the payment of enhanced
fees to solicitors assigned to
exceptional cases in the District
Court and appeals to the Circuit
Court in pursuance of certificates
for free legal aid under the
Criminal Legal Aid Scheme.
Preamble
The standard fee payable to solicitors
under the Criminal Legal Aid scheme
has been set at a level to cover cases
ranging from those which are
straightforward to those which are
relatively complex. It is however,
acknowledged that a small minority of
cases are of an entirely exceptional
nature and warrant the payment of an
enhanced fee. Because the enhanced
fee is only payable in respect of
entirely exceptional cases, it is
expected that claims for enhanced fees
will be rare.
Terms of Agreement
1. There shall be an enhanced fee
payable by the Department of
Justice to solicitors under the
Criminal Legal Aid Scheme for
exceptional cases coming before
the District Court and appeals to
the Circuit Court.
2. The enhanced fee payable for
exceptional cases shall be £350
for first day of hearing in cases
involving one defendant and the
first defendant in cases involving
multiple defendants. Such fee
shall be payable with effect from
1 June, 1993.
3. The Department of Justice having
consulted with the Chief State
Solicitors Office shall decide on
whether a particular case is
exceptional.
4. The following factors shall be
regarded as having relevance to
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