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CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT)
REGULATIONS 1975 S
.I. No. 100/1975
L PATRICK COONEY, Minister for Justice, in exer-
cise of the powers conferred on me by section 10 of
the Criminal Justice (Legpl Aid) Act, 1962 (No. 12 of
19
62), and, in so far as these regulations are in relation
t o
rates or scales of payment of fees, costs or expenses
Payable out of moneys provided by the Oireachtas
pursuant to certificates for free legal rid, with the con-
sent of the Minister for Finance, hereby make the fol-
lowing 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 here-
by amended by the substitution for "the defence or
a
ppeal, as the case may be," of "his crse" and the said
Regulation 7(2), as so amended, is set out in the Table
t o
this paragraph.
TABLE
. (2) The Court granting a Certificate (other than a
Le
gal Aid (District Court) Certificate) for free legal aid
m a
y , if the person to whom it is granted is charged
W l t
h murder or the case concerning him appears to
Present exceptional difficulty and is of opinion that his
ease cannot be conducted adequately without the assis-
ta
nee of two counsel, direct that two Counsel be assigned
t o
the person to act for him in the preparation and
c
°nduct of his case.
4. The Principal Regulations are hereby amended
the substitution for Regulation 10 (as amended by
Regulation 4 ( 1) of the 1970 Regulations) of the follow-
m
g Regulation: —
"10 (1) Subject to paragraphs (4), (6) aand (7) of
this Regulation, the fees (payable under the Act) of a
s
°licitor 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
these Regulations opposite the mention of the par-
ocular case in column (1) of the said Schedule, together
w i t
h , if the case lasts for more than one day, the fees
s
Peeified in column (3) of the said Schedule opposite
tll
e mention of the particular case in the said column
(1) for each day or part of a day after the first for
w
h i ch the case lasts.
(2) Subject to paragraphs (4), (5), (7) and (8) of
h l s
Regulation, where one Counsel only is assigned in
telation to any particular case in pursuance of a Cer-
tificate for Free Legal Aid, the fees (payable under the
%
ct
) of the Counsel so assigned shall be those specified
l n
column (4) of the First Schedule to those 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 dry, 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 oprart of a day after the first for which the case
lasts.
(3) Subject to paragraphs (4), (5), (7) and (8) cf
this Regulation, where two Counsel are assigned in re-
lation 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 re-
lation 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, consid-
eration of the penalty (if any) to be imposed on con-
viction of an offence and the imposition or non-im-
position of a penalty or an application for an adjourn-
ment 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 ad-
journment);
Provided that, where a person has been sent forward
for sentence under section 13(2) of the Criminal Pro-
cedure 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 applica-
tion in relation to Bail to the High Court or Supreme
Court in respect of which: —
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