324 / 736
obtained certain statistics which were submitted
to the Minister. The total annual expenditure on
Criminal Legal Aid in Northern Ireland with a
population of
1.5 million was
approximately
£60,000 in 1968. The expenditure in the Repub
lic with a population of 3 million for the year
ended 31st March, 1969 was less than £10,000.
The total number of legal aid certificates issued
in the Republic in the year ended 31st March,
1969 was
251 whereas
the
total number
in
Northern Ireland during the year 1968 was 1,669.
The average fee per case allowed to the solicitor
shown
in
the report on
legal aid in criminal
proceedings in Northern Ireland 1967-68 was £14
in the magistrates courts; £27 in the superior
courts; while in addition in six murder trials dur
ing that year,
the average cost paid per case
amounted to £282. The average fee paid to Irish
solicitors per case for all Courts in the year end
ing the 31st March, 1969 was £13.
The breakdown of the 251 Legal Aid Certi
ficates issued in the Republic for the year ended
31st March, 1969 is as follows :
District Court, 51
Circuit Court, 159
Central Criminal Court, 24
Court of Criminal Avpeal, 17
High Court, nil
Supreme Court, nil
In respect of these 251 cases the fees payable to
solicitors amounted to £3,300 given an average
fee of just ofer £13 per case as already stated.
As these cases included 159 trials on indictment
in the Circuit Court and 24 in the Central Crimi
nal Court it seems obvious that the solicitors who
conducted these cases on a fee of £13 per case
muts in many cases have subsidised the proceed
ings from their own resources.
The cost of living price index rose from 160.50
in 1963 to 213.40 in May, 1969 an increase of
32.9 per cent, and from 179.75 in 1965 to 213.40
in May, 1969 an increase of 18.7 per cent. The
Society's
case
for amendment of
the
fees
is
founded on the admitted inadequacy of the basic
scale and the subsequent fall
in
the value of
money.
The Minister informed the deputation that in
the present financial circumstances he could not
obtain an agreement to an increase exceeding 25
per cent, in the present level of fees and he pro
posed to bring this in immediately. The increase
will not operate uniformly throughout the scale;
for instance the fee for a day's attendance at the
District Court will, be raised from 6 gns. to 8 gns.
on the first day and from 5 gns. to 6 gns. for each
subsequent day. The increase for the first day (or
part) is 33 per cent.
The Minister stated that he was prepared to
agree to the following additional fees :
Consultation :
A single fee of 2 gns. in murder,
manslaughter or dangerous driving causing
death or serious bodily harm irrespective of
the length or number of consultations.
Remands :
A fee of 3 gns. to the Solicitor actually
attending Court on any remand. Travelling
allowance increase from lOd. to I/- per mile.
LIST OF STATUTORY INSTRUMENTS
RELATING TO DISTRICT AND
CIRCUIT COURT COSTS
(a)
District Court
District Court Rules 1948
SR-1947-No. 431
District Court Rules 1955
S.I. 212/55
District Court (Costs) Rules 1962
S.I. 205/1962
District Court (Costs) Rules 1964
S.I. 279/1964
District Court (Summary) Rules 1963
S.I. 213/1963
(b)
Circuit Court
Circuit Court Rules 1950
S.I. 179/1950
Circuit Court Rules 1955
S.I.
1/1955
Circuit Court Rules 1956
S.I. 270/1956
Circuit Court Rules 1966
S.I. 128/1966
Circuit Court Rules 1967 (No. 2)
S.I. 118/1967
Circuit Court Rules 1967 (No. 3)
S.I. 215/1967
COMPANY FORMATION
Section 58 of the Solicitors Act 1954 enacts that
an unqualified person who draws or prepares a
document in relation to real or personal estate or
any legal proceedings is guilty of an offence under
the Section unless he proves that the act was not
done directly or indirectly for or in expectation
of fee, gain or reward. The Section was amended
by Section 397 of the Companies Act 1963 which
provides that certain persons designated in Section
162(l)(b) of
the Companies Act may draw or
prepare documents for the purposes of the Act
other than a deed or the memorandum or articles
of association of a company. The designated per
sons are persons having accountancy or similar
qualifications recognised by the Minister for In
dustry and Commerce as a qualification for ap
pointment as auditor of a company. The resulting
legal position is that Section 58 of the Solicitors
Alt 1954 as amended prevents any person from
drawing or preparing a document relating to real
or personal estate or legal proceedings-but a per
son who is qualified for appointment as an audi
tor of a limited company may prepare documents
44