The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009
Northern Ireland Statutory Rule 2009 No. 313 — creates 2 criminal offences.
- Made
- 29 August 2009
- In force from
- 30 September 2009
- Extent
- Not stated
- Subject
- Courts, police, prisons and the administration of justice
Explanatory note
(This note is not part of the Rules) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Rules prescribe the remuneration for solicitors and counsel assigned under Articles 28, 28A or 30 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. The main body of the Rules deals with the manner in which costs are to be determined and paid. Those provisions draw to a large extent on the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992, which relate to criminal representation provided under Part III of the 1981 Order, and which are being superseded by these Rules insofar as they prescribe the costs payable for Magistrates’ Courts cases and County Court appeals. Schedule 1 deals with the standard fees which shall be payable for most cases to solicitors and counsel respectively. Rules 9 and 10, together with Schedule 2, provide for special rates of payment in Very High Cost Cases. Initial determinations will be undertaken by the Northern Ireland Legal Services Commission. Provision is made for solicitors and counsel to appeal to the taxing master to challenge the fees determined in a particular case.
Offences created by this instrument
- For the purposes of this Schedule— a the terms “summary offence”, “hybrid offence”, “I/TS offence” and “indictable… paragraph 2 of SCHEDULE 1 · Status not determined · Strict liability
- c attempts, conspiracy or incitement to commit an offence fall within the same category as the substantive offence to… paragraph 2(c) of SCHEDULE 1 · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2009