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Changes proposed for some Crown Court fees

Justice Minister David Ford has published proposals to adjust and introduce new fees for some areas of Crown Court work.
Thursday, 9 February 2012

Minister of Justice David Ford MLA

David Ford said: “The proposals I have outlined today fulfil the commitment I gave last summer to the legal profession to bring forward proposals and consult on these distinct areas of work.”

The proposals consider introducing new Crown Court fees for confiscation hearings under the Proceeds of Crime legislation and re-categorising the fees for applications, to provide for new time-based fees in respect of certain types of sentencing hearings. These include applications for sexual offences prevention orders, together with hearings in which orders of disqualification from working with children are made.

David Ford said: “It is right that respondents in confiscation hearings should have access to appropriate representation and that is why these new fees are out for consultation.

“I accept that there may be a minimal increase in cost to the legal aid budget but any additional cost may be recovered from the respondents in these proceedings if a Recovery of Defence Costs Order is also made upon conviction.”

The consultation period closes on 4 May 2012.

Notes to editors

1. The consultation paper launched on 9 February 2012. The consultation will run for a period of 12 weeks and responses are sought by 4 May 2012

2. This consultation paper proposes the introduction of new fees to remunerate members of the legal profession for representing defendants in confiscation hearings and applications under proceeds of crime legislation. It also makes specific provision for other fees currently remunerated as general application fees.

3. The additional cost of the new fees is estimated at £15,000 per annum. Some or all of this cost may be recovered through Recovery of Defence Costs Orders, proposals for which have been published for consultation.

4. A copy of the proposals can be found at

http://www.dojni.gov.uk/index/public-consultations/current-consultations/proposed-amendments-to-the-legal-aid-for-crown-court-proceedings-costs-rules-northern-ireland-2005.htm

5. People who want to respond to the consultation paper, or ask further questions should contact:

Public Legal Services Division
Access to Justice Directorate
Department of Justice
3rd Floor, Bedford House
16-22 Bedford Street
Belfast BT2 7FD
Tel: 028 9041 2355/2241
Text phone: 028 9052 7668
Fax: 028 9041 2357

Email: ChrisMcGregor@courtsni.gov.uk

6. Fees in respect of Crown Court proceedings are provided for in the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 (the 2005 Rules).

7. There are currently no specific fees in the 2005 Rules in respect of applications for confiscation orders made under the Proceeds of Crime legislation. Instead, these hearings are remunerated as “Application Fees” and the Department of Justice accepts that these fees do not always provide appropriate remuneration. The Department is therefore proposing to provide specific fees for these hearings at the same levels as the highest daily Refresher Fee for Crown Court trials payable under the 2005 Rules.