The Gazette 1975

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: — 136