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18B.—(1) This paragraph applies where counsel, having provided an opinion in the matter under Article 29(4)(b) of the Order, drafted a skeleton argument in support of an application for leave to appeal to the Court of Appeal.

(2) The fixed fee set out in the Table following paragraph 19 as appropriate to the category of counsel instructed shall be payable to the counsel who drafted the skeleton argument.”;

(bb)for paragraph 19(2), substitute—

“(2) Where a solicitor attended court without counsel and claimed an enhancement of his costs under rule 4A, the solicitor shall be allowed one travelling allowance only in respect of that attendance.”.

(cc)following paragraph 19, for the Tables of Fixed and Time-based Fees, substitute the following Tables—

“TABLES OF ADDITIONAL FEES



SOLICITOR

Type of work

Paragraph providing for fee

Fee

PPE Enhanced Fee







PPE Range







751 – 1,000 pages




£1,150

1,001 – 1,250 pages




£2,300

1,251 – 1,500 pages




£3,450

1,501 – 1,750 pages

10A

£4,600

1,751 – 2,000 pages




£5,750

2,001 – 2,250 pages




£6,900

2,251 – 2,500 pages




£8,050

2,501 + pages




An additional £1,150 per additional 250 pages

Arraignment – Not Guilty

11

£90

Standby Fee

12(1)

£375

Appearing at deferred sentencing hearing

15(1)(a)

£188

Appearing at other sentencing hearing

15(1)(b)

£100

Late sitting fee

17

£188

Cases within paragraph 2

19

£563

Application Fee 1

(hearing not exceeding 1.5 hours)






£113

Application Fee 2

(hearing exceeding 1.5 hours but not exceeding 3 hours)



12(2), 13, 14 and 16

£188

Application Fee 3

(hearing exceeding 3 hours)






£375

Court-ordered youth conference







Lower standard fee

(conferences lasting up to and including 1 hour)



18A

£70

Principal standard fee

(conferences lasting more than 1 hour but not exceeding 2 hours)






£112.50












COUNSEL

Type of work

Paragraph providing for fee

Queen’s Counsel Fee

Leading Junior Counsel Fee

Led Junior Counsel Fee

Sole Junior Counsel Fee

Arraignment – Not Guilty

11

£120

£113

£75

£98

Standby Fee

12(1)

£400

£300

£200

£260

Appearing at deferred sentencing hearing

15(1)(a)

£320

£240

£160

£208

Appearing at other sentencing hearing

15(1)(b)

£240

£180

£120

£156

Skeleton argument

15A and 18B

£250

£188

£125

£163

Late sitting fee

17

£200

£150

£100

£130

Cases within paragraph 2

19

£600

£450

£300

£390



















Application Fee 1 (hearing not exceeding 1.5 hours)




£100

£94

£63

£82

Application Fee 2 (hearing exceeding 1.5 hours but not exceeding 3 hours)

12(2), 13, 14 and 16

£200

£150

£100

£130

Application Fee 3 (hearing exceeding 3 hours)




£400

£300

£200

£260

Consultations/views

18(1)

£63 per hour

£47 per hour

£31 per hour

£41 per hour

Listening to or viewing tapes etc.

18(2)

£27 per 10 minutes

£20 per 10 minutes

£14 per 10 minutes

£18 per 10 minutes

Court-ordered youth conference
















Lower standard fee

(conferences lasting up to and including 1 hour)



18A

N/A

N/A

N/A

£70

Principal standard fee

(conferences lasting more than 1 hour but not exceeding 2 hours)






N/A

N/A

N/A

£112.50”


















(dd)for paragraph 21, substitute—

“21.—(1) Subject to sub-paragraphs (2), (4) and (5), the fee payable to a solicitor in accordance with paragraph 6 or 8 of this Schedule, as applicable, shall be in addition to any enhancement of his costs under rule 4A.

(2) Where the same solicitor prepared the case and conducted the trial or hearing without counsel, the enhancement of his costs shall be reduced by ten per cent.

(3) If the solicitor satisfies the Commission that there was a clearly maintained division of responsibility in the conduct of the case, no reduction in the enhancement of his costs shall be made under sub-paragraph (2).

(4) Where a solicitor attended court without counsel and claimed an enhancement of his costs under rule 4A—

(a) on a day in respect of which a Refresher Fee would otherwise be payable under paragraph 6, or

(b) for a hearing in respect of which a fee would otherwise by payable under Part 4,

the solicitor shall be allowed one fee only in respect of that day or hearing, as applicable.

(5) Where a solicitor attended court, a prison visit, other consultation or view without counsel, the solicitor shall be allowed one travelling allowance only under paragraphs 29 and 30 in respect of each such attendance.”.



  1.  Omit Schedule 2.

  2.  For Schedule 3, substitute—

“SCHEDULE 3

TABLE OF OFFENCES




Offence

Contrary to

Year and chapter

Class A – Homicide and related grave offences

Murder

Common law




Manslaughter

Common law




Soliciting to murder

Offences against the Person Act 1861 s. 4

1861 c. 100

Child destruction

Criminal Justice Act (Northern Ireland) 1945 s. 25(1)

1945 c. 15

Infanticide

Infanticide Act (Northern Ireland) 1939 s. 1(1)

1939 c. 5

Causing explosion likely to endanger life or property

Explosive Substances Act 1883 s. 2

1883 c. 3





















Attempt to cause explosion, making or keeping explosive etc.

Explosive Substances Act 1883 s. 3

as above

Class B – Offences involving serious violence or damage, and serious drugs offences

Kidnapping

Common law




False imprisonment

Common law




Aggravated criminal damage

Criminal Damage (Northern Ireland) Order 1977 Art. 3(2)

1977 N.I. 4

Aggravated arson

Criminal Damage (Northern Ireland) Order 1977 Art. 3(2) and (3)

as above

Arson (where value exceeds £30,000)

Criminal Damage (Northern Ireland) Order 1977 Art. 3(3)

as above

Possession of firearm with intent to endanger life

Firearms (Northern Ireland) Order 2004 Art. 58

2004 N.I. 3

Use of firearm to resist arrest

Firearms (Northern Ireland) Order 2004 Art. 59(1)

as above

Possession of firearm with criminal intent

Firearms (Northern Ireland) Order 2004 Art. 60(1)

as above

Possession or acquisition of certain prohibited weapons etc.

Firearms (Northern Ireland) Order 2004 Art. 45(1) and (2)

as above

Aggravated burglary

Theft Act (Northern Ireland) 1969 s. 10

1969 c. 16

Armed robbery

Theft Act (Northern Ireland) 1969 s. 8(1)

as above

Assault with weapon with intent to rob

Theft Act (Northern Ireland) 1969 s. 8(2)

as above

Blackmail

Theft Act (Northern Ireland) 1969 s. 20

as above

Riot

Common law




Contamination of goods with intent

Public Order Act 1986 s. 38

1986 c. 64

Causing death by dangerous driving

Road Traffic (Northern Ireland) Order 1995 Art. 9

1995 N.I. 18

Causing death by careless driving while under the influence of drink or drugs

Road Traffic (Northern Ireland) Order 1995 Art. 14

as above

Aggravated vehicle taking resulting in death

Road Traffic (Northern Ireland) Order 1981 Art. 172B

1981 N.I. 1

Causing danger to road users

Road Traffic (Northern Ireland) Order 1995 Art. 53

1995 N.I. 18

Attempting to choke, suffocate, strangle etc.

Offences against the Person Act 1861 s. 21

1861 c. 100

Causing miscarriage by poison, instrument

Offences against the Person Act 1861 s. 58

as above

Making threats to kill

Offences against the Person Act 1861 s. 16

as above

Wounding or grievous bodily harm with intent to cause grievous bodily harm etc.

Offences against the Person Act 1861 s. 18

as above

Endangering the safety of railway passengers

Offences against the Person Act 1861 ss. 32-34

as above






















Impeding persons endeavouring to escape wrecks

Offences against the Person Act 1861 s. 17

as above

Administering chloroform, laudanum etc.

Offences against the Person Act 1861 s. 22

as above

Administering poison etc. so as to endanger life

Offences against the Person Act 1861 s. 23

as above

Cruelty to persons under 16

Children and Young Persons Act (Northern Ireland) 1968 s. 20

1968 c. 34

Aiding and abetting suicide

Criminal Justice Act (Northern Ireland) 1966 s. 13

1966 c. 20

Placing wood etc. on railway

Malicious Damage Act 1861 s. 35

1861 c. 97

Acquiring, possessing etc. the proceeds of criminal conduct

Proceeds of Crime Act 2002 s. 329

2002 c. 29

Producing or supplying a Class A or B drug

Misuse of Drugs Act 1971 s. 4

1971 c. 38

Possession of a Class A or B drug with intent to supply

Misuse of Drugs Act 1971 s. 5(3)

as above

Manufacture and supply of scheduled substances

Criminal Justice (International Co-operation) Act 1990 s. 12

1990 c. 5

Fraudulent evasion of controls on Class A and B drugs

Customs and Excise Management Act 1979 s. 170(2)(b) and (c)

1979 c. 2

Illegal importation of Class A and B drugs

Customs and Excise Management Act 1979 s. 50

as above

Offences in relation to money laundering investigations

Proceeds of Crime Act 2002 ss. 327-333

2002 c. 29

Practitioner contravening drug supply regulations

Misuse of Drugs Act 1971 ss. 12 and 13

1971 c. 38

Cultivation of cannabis plant

Misuse of Drugs Act 1971 s. 6

as above

Occupier knowingly permitting drugs offences etc.

Misuse of Drugs Act 1971 s. 8

as above

Activities relating to opium

Misuse of Drugs Act 1971 s. 9

as above

Drug trafficking offences at sea

Criminal Justice (International Co-operation) Act 1990 s. 18

1990 c. 5

Firing on Revenue vessel

Customs and Excise Management Act 1979 s. 85(2)

1979 c. 2

Making or possession of explosive in suspicious circumstances

Explosive Substances Act 1883 s. 4(1)

1883 c. 3

Causing bodily injury by explosives

Offences against the Person Act 1861 s. 28

1861 c. 100

Using explosive or corrosives with intent to cause grievous bodily harm

Offences against the Person Act 1861 s. 29

as above

Hostage taking

Taking of Hostages Act 1982 s. 1

1982 c. 28

Money laundering in relation to terrorist activities

Terrorism Act 2000 s. 18

2000 c. 11

Offences against international protection of nuclear material

Nuclear Material (Offences) Act 1983 s. 2

1983 c. 18









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