
1 
These Rules may be cited as the Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2016 and shall come into operation on 15th April 2016.
2 
In these Rules a reference to a rule or Schedule by number alone is a reference to the rule or Schedule so numbered in or to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005.
3 

(1) Without prejudice to paragraphs (2) to (5), these Rules apply for the determination of costs which are payable in respect of work done under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 on or after 5th May 2015.
(2) Paragraphs (3) to (5) apply where –
(a) a claim had been submitted to the Department under rule 8 or 11, as applicable, in respect of work done under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 on or after 5th May 2015; and
(b) the costs payable to the representative had been determined and paid by the Department before 23rd March 2016.
(3) The Department shall, whether or not the representative applies under rule 13, redetermine the costs payable under rule 13(6)(b) as if the representative had applied under rule 13(1)(c).
(4) Where the costs are increased as a result of a redetermination made under paragraph (3) (“the new determination”), the Department shall authorise payment of the increase.
(5) Rules 13 to 15 (redetermination etc.) shall apply to the new determination as if that determination had been made under rule 8 or 11, as applicable.
(6) In this rule, “the Department” means the Department of Justice.
4 
The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 are amended as follows.
5 
In rule 2, in the definition of “main hearing”, omit the words “to counsel”.
6 
In rule 8(3)(a), after “Basic Trial Fee” insert “or Trial Preparation Fee, as applicable”.
7 
In Schedule 1 –
(a) in paragraph 3(2), after the words “one or more counts” insert the words “at the first arraignment”;
(b) in paragraph 3(3), omit the words “to counsel”;
(c) following paragraph 7, for the Tables of Basic Trial Fees, substitute the following Tables–“
Offence  Actual Duration of Trial
fallingwithin PPE Range Trial Fee 11 to 8 days Trial Fee 29 to 16 days Trial Fee 317 to 80 days
Class A 1 – 750 £5,607 £7,457 £11,159
Class A 751 – 1,500 £8,666 £10,517 £14,218
Class A 1,501 – 3,000 £11,725 £13,576 £17,277
    
Class B 1 – 750 £2,017 £2,904 £4,239
Class B 751 – 1,500 £3,227 £4,113 £5,449
Class B 1,501 – 3,000 £4,436 £5,323 £6,658
    
Class C 1 – 750 £1,235 £1,767 £2,562
Class C 751 – 1,500 £2,039 £2,570 £3,366
Class C 1,501 – 3,000 £2,842 £3,374 £4,169
    
Class D 1 – 750 £3,123 £4,683 £6,229
Class D 751 – 1,500 £4,987 £6,549 £8,095
Class D 1,501 – 3,000 £6,853 £8,415 £9,959
    
Class E 1 – 750 £1,235 £1,767 £2,562
Class E 751 – 1,500 £2,039 £2,570 £3,366
Class E 1,501 – 3,000 £2,842 £3,374 £4,169
    
Class F 1 – 750 £1,431 £2,047 £2,967
Class F 751 – 1,500 £2,290 £2,905 £3,826
Class F 1,501 – 3,000 £3,148 £3,764 £4,685
    
Class G 1 – 750 £2,341 £3,513 £4,672
Class G 751 – 1,500 £3,746 £4,917 £6,076
Class G 1,501 – 3,000 £5,152 £6,322 £7,482
    
Class H 1 – 750 £1,235 £1,767 £2,562
Class H 751 – 1,500 £2,039 £2,570 £3,366
Class H 1,501 – 3,000 £2,842 £3,374 £4,169
    
Class I 1 – 750 £1,235 £1,767 £2,562
Class I 751 – 1,500 £2,039 £2,570 £3,366
Class I 1,501 – 3,000 £2,842 £3,374 £4,169
    Queen’s Counsel    
    Actual Duration of Trial    
Offence falling within Trial Fee 11 to 8days Trial Fee 29 to 16days Trial Fee 317 to 24 days Trial Fee 425 to 32 days Trial Fee 533 to 40 days Trial Fee 641 to 48 days Trial Fee 749 to 56days Trial Fee 857 to 64days Trial Fee 965 to 72days Trial Fee 1073 to 80days
Class A £6,000 £8,000 £12,000 £16,000 £20,000 £28,000 £36,000 £48,000 £60,000 £72,000
          
Class B £2,886 £4,150 £6,044 £8,058 £10,072 £14,102 £18,136 £24,174 £30,218 £36,262
          
Class C £2,526 £3,609 £5,231 £6,975 £8,718 £12,205 £15,696 £20,924 £26,155 £31,386
          
Class D £4,000 £6,000 £8,000 £12,000 £15,000 £21,000 £27,000 £36,000 £44,999 £53,999
          
Class E £2,526 £3,609 £5,231 £6,975 £8,718 £12,205 £15,696 £20,924 £26,155 £31,386
          
Class F £2,526 £3,609 £5,231 £6,975 £8,718 £12,205 £15,696 £20,924 £26,155 £31,386
          
Class G £3,609 £5,412 £7,216 £9,620 £12,026 £17,200 £21,651 £28,862 £36,077 £43,294
          
Class H £2,526 £3,609 £5,231 £6,975 £8,718 £12,205 £15,696 £20,924 £26,155 £31,386
          
Class I £2,526 £3,609 £5,231 £6,975 £8,718 £12,205 £15,696 £20,924 £26,155 £31,386
    Leading Junior Counsel    
    Actual Duration of Trial    
Offence falling within Trial Fee 11 to 8days Trial Fee 29 to 16days Trial Fee 317 to 24 days Trial Fee 425 to 32 days Trial Fee 533 to 40 days Trial Fee 641 to 48 days Trial Fee 749 to 56days Trial Fee 857 to 64days Trial Fee 965 to 72days Trial Fee 1073 to 80days
Class A £4,500 £6,000 £9,000 £12,000 £15,000 £21,000 £27,000 £36,000 £45,000 £54,000
          
Class B £2,165 £3,112 £4,533 £6,044 £7,556 £10,577 £13,603 £18,131 £22,665 £27,198
          
Class C £1,894 £2,707 £3,924 £5,233 £6,541 £9,157 £11,776 £15,696 £19,621 £23,545
          
Class D £3,000 £4,500 £6,000 £9,000 £11,250 £15,750 £20,250 £27,000 £33,750 £40,500
          
Class E £1,894 £2,707 £3,924 £5,233 £6,541 £9,157 £11,776 £15,696 £19,621 £23,545
          
Class F £1,894 £2,707 £3,924 £5,233 £6,541 £9,157 £11,776 £15,696 £19,621 £23,545
          
Class G £2,707 £4,059 £5,412 £7,216 £9,019 £12,628 £16,239 £21,647 £27,059 £32,472
          
Class H £1,894 £2,707 £3,924 £5,233 £6,541 £9,157 £11,776 £15,696 £19,621 £23,545
          
Class I £1,894 £2,707 £3,924 £5,233 £6,541 £9,157 £11,776 £15,696 £19,621 £23,545
    Sole Junior Counsel    
    Actual Duration of Trial    
Offence falling within Trial Fee 11 to 8days Trial Fee 29 to 16days Trial Fee 317 to 24 days Trial Fee 425 to 32 days Trial Fee 533 to 40 days Trial Fee 641 to 48 days Trial Fee 749 to 56days Trial Fee 857 to 64days Trial Fee 965 to 72days Trial Fee 1073 to 80days
Class A £3,900 £5,200 £7,800 £10,400 £13,000 £18,200 £23,400 £31,200 £39,000 £46,800
          
Class B £1,877 £2,697 £3,929 £5,238 £6,548 £9,167 £11,788 £15,713 £19,641 £23,570
          
Class C £1,642 £2,345 £3,401 £4,355 £5,667 £7,935 £10,203 £13,601 £17,002 £20,403
          
Class D £2,600 £3,900 £5,200 £7,800 £9,750 £13,650 £17,550 £23,400 £29,250 £35,100
          
Class E £1,642 £2,345 £3,401 £4,535 £5,667 £7,935 £10,203 £13,601 £17,002 £20,403
          
Class F £1,642 £2,345 £3,401 £4,535 £5,667 £7,935 £10,203 £13,601 £17,002 £20,403
          
Class G £2,345 £3,518 £4,690 £6,253 £7,817 £10,943 £14,072 £18,758 £23,448 £28,139
          
Class H £1,642 £2,345 £3,401 £4,535 £5,667 £7,935 £10,203 £13,601 £17,002 £20,403
          
Class I £1,642 £2,345 £3,401 £4,535 £5,667 £7,935 £10,203 £13,601 £17,002 £20,403”;
(d) after the Tables of Basic Trial Fees and Refresher Fees following paragraph 7, insert –“
7A. 

(1) This paragraph applies where a fee is payable to a solicitor under this Part.
(2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the solicitor of £1 per each additional page.”;
(e) in paragraph 8, before paragraph (3) insert –“
(1A) The amount of the standard fee for a representative representing one assisted person in a guilty plea shall be the fee specified in paragraph 9 as appropriate to whether the case was a Guilty Plea or a Trial Preparation case, the representative (including the category of counsel instructed, as applicable) and the offence with which the assisted person was charged.
(2A) In a case where a Guilty Plea Fee is payable, subject to paragraphs 14, 15A, 18A, 18B, 29 and 30, the amount so payable shall be an all-inclusive fee.”;
(f) in paragraph 8(3), omit the words “a Guilty Plea Fee or”;
(g) in paragraph 8(4), in the definition of “G2”, omit the words –
(i) “Guilty Plea Fee or”;
(ii) “where applicable”;
(h) for paragraph 9, substitute –“
9. 
For the purposes of paragraph 8 the fee appropriate to any offence shall be that specified in the Table below as appropriate to whether the case was a Guilty Plea or a Trial Preparation case, the representative (including the category of counsel instructed, as applicable) and the Class within which that offence falls according to paragraph 5, including the PPE Range where applicable.”;
(i) following paragraph 9, for the Tables of Guilty Plea Fees and Trial Preparation Fees, substitute the following Tables –“
(a) Guilty Plea Fees
Offence falling within Fee
 
Class A £5,729
 
Class B £1,375
 
Class C £913
 
Class D £2,838
 
Class E £913
 
Class F £976
 
Class G £1,597
 
Class H £913
 
Class I £913
Offence falling within Queen’s Counsel Fee Leading Junior Counsel Fee Led Junior Counsel Fee Sole Junior Counsel Fee
Class A £2,860 £2,145 £1,430 £1,859
    
Class B £1,440 £1,080 £720 £936
    
Class C £1,234 £926 £617 £802
    
Class D £1,976 £1,482 £988 £1,285
    
Class E £1,234 £926 £617 £802
    
Class F £1,234 £926 £617 £802
    
Class G £1,563 £1,173 £782 £1,017
    
Class H £1,234 £926 £617 £802
    
Class I £1,234 £926 £617 £802
(b) Trial Preparation Fees
Offence falling within PPE Range Fee
  
Class A 1 – 750 £6,371
Class A 751 – 1,500 £11,073
Class A 1,501 – 3,000 £24,915
  
Class B 1 – 750 £1,604
Class B 751 – 1,500 £2,788
Class B 1,501 – 3,000 £6,275
  
Class C 1 – 750 £1,053
Class C 751 – 1,500 £1,831
Class C 1,501 – 3,000 £4,119
  
Class D 1 – 750 £3,193
Class D 751 – 1,500 £5,549
Class D 1,501 – 3,000 £12,486
  
Class E 1 – 750 £1,053
Class E 751 – 1,500 £1,831
Class E 1,501 – 3,000 £4,119
  
Class F 1 – 750 £1,138
Class F 751 – 1,500 £1,978
Class F 1,501 – 3,000 £4,452
  
  
  
Class G 1 – 750 £1,863
Class G 751 – 1,500 £3,237
Class G 1,501 – 3,000 £7,283
  
Class H 1 – 750 £1,053
Class H 751 – 1,500 £1,831
Class H 1,501 – 3,000 £4,119
  
Class I 1 – 750 £1,053
Class I 751 – 1,500 £1,831
Class I 1,501 – 3,000 £4,119
Offence falling within  Queen’s CounselFee Leading Junior Counsel Fee Led Junior CounselFee Sole Junior CounselFee
PPE Range

Class A 1 – 750 £4,500 £3,375 £2,250 £2,925
Class A 751 – 1,500 £8,400 £6,300 £4,200 £5,460
Class A 1,501 – 3,000 £18,900 £14,175 £9,450 £12,285
     
Class B 1 – 750 £2,028 £1,520 £1,014 £1,318
Class B 751 – 1,500 £4,134 £3,100 £2,067 £2,686
Class B 1,501 – 3,000 £9,804 £7,352 £4,902 £6,372
     
Class C 1 – 750 £1,781 £1,335 £891 £1,158
Class C 751 – 1,500 £3,623 £2,718 £1,812 £2,356
Class C 1,501 – 3,000 £8,095 £6,071 £4,047 £5,262
     
Class D 1 – 750 £3,000 £2,250 £1,500 £1,950
Class D 751 – 1,500 £6,337 £4,752 £3,168 £4,119
Class D 1,501 – 3,000 £13,424 £10,068 £6,712 £8,726
     
Class E 1 – 750 £1,781 £1,335 £891 £1,158
Class E 751 – 1,500 £3,623 £2,718 £1,812 £2,356
Class E 1,501 – 3,000 £8,585 £6,438 £4,293 £5,581
     
Class F 1 – 750 £1,781 £1,335 £891 £1,158
Class F 751 – 1,500 £3,623 £2,718 £1,812 £2,356
Class F 1,501 – 3,000 £8,585 £6,438 £4,293 £5,581
     
Class G 1 – 750 £2,600 £1,951 £1,300 £1,690
Class G 751 – 1,500 £5,233 £3,924 £2,616 £3,401
Class G 1,501 – 3,000 £12,320 £9,241 £6,160 £8,008
     
Class H 1 – 750 £1,781 £1,335 £891 £1,158
Class H 751 – 1,500 £3,623 £2,718 £1,812 £2,356
Class H 1,501 – 3,000 £8,585 £6,438 £4,293 £5,581
     
Class I 1 – 750 £1,781 £1,335 £891 £1,158
Class I 751 – 1,500 £3,623 £2,718 £1,812 £2,356
Class I 1,501 – 3,000 £8,585 £6,438 £4,293 £5,581”;
(j) in paragraph 9A, substitute –“
9A. 

(1) This paragraph applies where a Trial Preparation Fee is payable to a representative under this Part.
(2) Where the PPE Range exceeds 3,000 pages, an additional fee shall be payable to the representative of £1 per each additional page.”;
(k) for paragraph 27, substitute –“
27. 
Where a solicitor was dismissed by the assisted person, or the Department is satisfied that he was obliged to withdraw from the case for compelling professional reasons, the Department may, in its discretion, allow the following fees to the solicitor –
(a) if the solicitor was dismissed or withdrew within one week of the date of the first arraignment, a Guilty Plea Fee as appropriate to the offence with which the assisted person was charged;
(b) if the solicitor was dismissed or withdrew after the first arraignment and before the trial (if any) commenced, a Trial Preparation Fee as appropriate to the offence with which the assisted person was charged;
(c) in any other circumstances, such amount as it considers to be reasonable in all the circumstances.”.
Sealed with the Official Seal of the Department of Justice on 23rd March 2016
David Ford
Minister of Justice
The Department of Finance and Personnel hereby approves the foregoing RulesSealed with the Official Seal of the Department of Finance and Personnel on 23rd March 2016
Emer Morelli
A senior officer of the Department of Finance and Personnel

