Criminal Legal Aid Scheme: Non-Payment of Fee Increases Provided For Under Towards 2016 Agreement

Criminal Law 09/03/2009

The Department of Justice, Equality and Law Reform has advised the Society that:

  • The minister has made an order (SI 15/2009) revoking the Criminal Legal Aid Regulations, which provided for a 2.5% increase (from 1 September 2008) in fees payable to solicitors in the District Court, appeals to the Circuit Court, prison visits and bail applications. Similarly, the increase will not be paid in respect of fees payable under the Ad Hoc Garda Station Legal Advice Scheme.
  • The DPP has not applied the 2.5% increase to fees payable to prosecution counsel (from 1 September 2008), which was provided for under the Towards 2016 agreement. As the fees payable to defence counsel and solicitors are based on the parity arrangement with prosecution counsels’ fees, the 2.5% increase will therefore not be applied to the fees of defence counsel or solicitors either. 
  • The payment of an additional refresher fee in respect of cases that continue after 5pm will no longer be made to prosecution counsel and consequently will not be paid to defence counsel and solicitors.