Criminal Law Cost Scale

(operative from 9th December 2008)

All new ie initial grants of aid and extensions of existing assignments approved on or after 9th December 2008 will be made in accordance with the following Scale.

See also the Explanatory Notes.

Effective from 9th December 2008

EXPLANATORY NOTES

MAGISTRATES AND YOUTH COURT MATTERS

Hourly Rate (applicable to special cases only)

1. Magistrates and Youth Court (solicitor and counsel)(hourly rates)

• It is envisaged that not many matters heard in the Magistrates and Youth Courts will qualify for certification as a special case. In general terms, in the absence of exceptional circumstances only, major indictable charges are considered capable of attracting special case certification.
• A matter will be certified by the Commission as a special case where the degree of preparation or the difficulty involved is exceptional and the work encompassed by the standard lump sums would, in all of the circumstances, be unreasonable. Where a special case is certified, additional work, pursuant to this scale, may be approved by the Commission. The amount of extra funding allowed will be specified in an additional commitment certificate. Should further work be required the Commission will always consider such applications which must be made in advance of the work being done. The maximum amounts specified in each commitment certificate aggregate to form the maximum fees payable in relation to a particular grant.

Guilty Pleas

2. Solicitor's proportion

• The fee for a guilty plea includes all attendances upon client and preparatory work.

3. Counsel's proportion

• The fee on brief includes all attendances on client and at court.

4. Social security matters involving more than 30 counts - solicitor's proportion

• The fee for a guilty plea in a social security matter that involves more than 30 counts on the one Information attracts a higher guilty plea fee (which includes all attendances upon client and preparatory work). If there are considerably more than 30 counts, authorisation may be sought for special case certification(see note 1 for special cases). Each such application will be considered on its individual merits.

5. Social security matters involving 30 counts - counsel's proportion

• The fee on brief for a guilty plea in a social security matter that involves more than 30 counts on one Information attracts a higher fee (which includes all attendances upon client and at court). If there are considerably more than 30 counts, authorisation may be sought for special case certification (see note 1 for special cases). Each such application will be considered on its individual merits.

6. Additional solicitor's fee

• This additional fee is payable for up to 3 additional Complaints or Informations or part thereof, over, and above the first 3 Complaints or Informations, and which are the subject of pleas and submissions at the same time as the first 3 Complaints or Informations. This additional fee is only payable where the matters would normally be the subject of a grant of legal aid. The fee is the same regardless of the numbers of counts on each Complaint or Information.

Bail

7. Bail application (opposed)

• The fee for a bail application includes all attendances to take instructions, completing application and attendances at court to argue the application.

8. Bail variation

• The fee for a bail variation includes all attendances to take instructions and all attendances at court to argue.

9. Bail application/variation

• No fee payable where no separate attendance is required at court.

Defended matters (trials and oral committals)

10. Solicitor's proportion

• The fee for a defended matter includes all attendances upon client and preparatory work including preparation of brief. (see note 1 for special cases). Please note that where commitment has been previously raised in the matter for a guilty plea, the amount for this item which will appear on the certificate aggregates with the previous certificate to the full lump sum fee for defended matters.

11. Pre-trial conference

• The fee for a pre-trial conference includes all attendances to take instructions and all attendances at court.

12. Special reasons application and hearing

• The fee for a special reasons application includes all attendances upon client and time spent in court making the application.

13. Counsel's proportion - fee on brief and first day

• The fee on brief includes all preparation, reading, conferences and the first day in court. (see note 1 for special cases). Please note that where commitment has been raised previously in the matter for a guilty plea the amount for this client which will appear on the certificate aggregates with the previous certificate to the full lump sum fee for defended matters.

14. Counsel's proportion - subsequent days (refreshers)

• The fee for refresher includes any reading or conferences during trial and time spent in court. (see note 1 for special cases)

15. Half day trial - Counsel's proportion - fee on brief (item 10 applies to solicitor's proportion)

• The fee on brief includes all preparation, reading, conferences and half day in court. (see note 1 for special cases)

Defended matters resolving by plea or withdrawal

16. Instructions - including all preparation - Solicitor

• The fee for a defended matter which resolves by plea or withdrawal includes all attendances upon client and preparatory work including preparation of brief. (see note 1 for special cases).

17. Fee on Brief and time in Court - Counsel

• The fee for a defended matter which resolves by plea or withdrawal on the morning of the trial includes all preparation, reading, conferences and time spent in court making submissions and attending upon sentence.

YOUTH COURT

Uncontested applications - (Children's Protection Act 1993)

18. Solicitor's proportion

• The fee for an uncontested application includes all attendances upon client and preparatory work including reading and negotiation and attendances at conferences.

19. Counsel's proportion

• The fee on brief includes all attendances on client and at court.

Contested applications

20. Solicitor's proportion

• The fee for a contested application includes all attendances upon client and preparatory work including preparation of brief. Please note that where commitment has been raised previously in the matter for an uncontested application, the amount for this item which will appear on the certificate aggregates with the previous certificate to the full lump sum fee for contested matters .

21. Pre-trial conference

• The fee for a pre-trial conference includes all attendances to take instructions and all attendances at Court.

22. Counsel's proportion - fee on brief and first day

• The fee on brief includes all preparation, reading, conferences and first day in court.

23. Counsel's proportion - subsequent days (refreshers)

• The fee for refresher includes any reading or conferences during the hearing and time spent in court.

24. Half day hearing - counsel's proportion

• The fee on brief includes all preparation, reading, conferences and half day in court.

SUPREME AND DISTRICT COURT

Hourly Rates (applicable to special cases only)

25. Supreme and District Court - solicitors (hourly rates)

• A matter will be certified by the Commission as a special case where the matter involves unusual complexity or other special circumstances compared with the usual range of such matters and where the work encompassed by the standard lump sums would, in all of the circumstances, be unreasonable.
• Where a special case is certified, additional work pursuant to this scale, may be approved by the Commission. The amount of extra funding allowed will be specified in an additional commitment certificate. Should it be considered that further funding is necessary in light of matters of an exceptional nature, then the Commission will always consider such applications which must be made in
• advance of the work being done. The maximum amounts specified in each commitment certificate aggregate to form the maximum fees payable in relation to a particular grant.

26. Supreme and District Courts - counsel (hourly rates)

• A matter will be certified by the Commission as a special case where the degree of preparation or the difficulty involved is exceptional and the work encompassed by the standard lump sums would, in all of the circumstances, be unreasonable.
• Where a special case is certified, additional work, pursuant to this scale, may be approved by the Commission. The amount of extra funding allowed will be specified in an additional commitment certificate. Should it be considered that further funding is necessary in light of matters of an exceptional nature, the Commission will always consider such applications which must be made in advance of the work being done. The maximum amounts specified in each commitment certificate aggregate to form the maximum fees payable in relation to a particular grant.

27. Queen's Counsel - Supreme and District Court (hourly rates)

• A grant of aid will only be extended to brief Queen's Counsel if, in the opinion of the Director, the matter is of:
  • sufficient complexity; or
  • such an unusual nature; or
  • sufficient importance, on questions of law, or due to intricacy of facts, or involves potential changes to the law,

  so as to warrant the briefing of Queen's Counsel. The Commission must be satisfied that the skill and services of Queen's Counsel are required for the adequate presentation of the particular case. Where a matter is certified for Queen's Counsel the same scale of fees applies in all jurisdictions.

• Extra funding for Queens Counsel is payable only in special cases. (for the definition of special case note 26).

Guilty Pleas

28. Guilty Plea - solicitor's proportion

• The fee for a guilty plea includes all attendances upon client and at court, all preparation and preliminary steps other than oral committal. (for oral committal see scale items for Defended matters (trial and oral committals), and notes 10 to 15).

29. Guilty Plea - counsel's proportion

• The fee for counsel's proportion on a guilty plea includes all preparation, reading, conferences and time spent in court.

Bail

30. Bail application (opposed) - solicitor's proportion

• The fee for a bail application includes all attendances to take instructions, drawing application and affidavit in support and lodging documents.

31. Bail application (opposed) - counsel's proportion

• The fee for counsel's proportion on a bail application includes all preparation, reading, conferences and time spent in court.

32. Bail variation

• The fee includes all attendances to take instructions and time spent in court.

33. Bail variation (not contested etc)

• No fee payable.

34. Bail review (solicitors proportion)

• The fee for a bail review includes all attendances to take instructions, drawing application and affidavit in support and lodging documents.

35. Bail review (counsels proportion)

• The fee for counsel's proportion on a bail review includes all preparation, reading, conferences and time spent in court.

Defended matters

36. Solicitor's proportion

• The fee for a defended matter includes all attendances upon client and preparatory work including preparation of brief. (see note 25 for special cases)

37. Directions Hearings

• The fee for a directions hearing includes taking of instructions, negotiations and attendance at court including waiting time and travel to and from court.

38. Counsel's proportion - fee on brief

• The fee on brief includes all preparation, reading, conferences and first day in court. (see note 26 for special cases)

39. Counsel's proportion - subsequent days (refreshers)

• The fee for refresher includes any reading or conferences during trial and time spent in court. (see note 26 for special cases)

40. Fee on brief - Queen's Counsel

• The fee on brief includes all preparation, reading, conferences and first day in court. (see note 16 for the hourly rate for Queen's Counsel - special cases)

41. Subsequent days (refreshers) - Queen's Counsel

• The fee for refresher includes any reading or conferences during trial and time spent in court. (see note 16 for the hourly rate for Queen's Counsel - special cases)

Defended matters resolving by plea, nolle or withdrawal

42. Solicitor's proportion

• The fee for a defended matter which resolves by plea, nolle or withdrawal includes all attendances upon the client and preparatory work including preparation of brief. (see note 25 for special cases)

43. Counsel's proportion

• The fee for a defended matter which resolves by plea, nolle or withdrawal on the morning of the Trial, includes all preparation, reading, conferences and time spent in court making submissions and attending upon sentence. (see note 26 for special cases)

Magistrates Appeals

44. Solicitor's proportion

• The fee for a Magistrates Appeal includes all attendances upon client, drawing and lodging notice of appeal and affidavit in support, and preparation of the brief for counsel.

45. Counsel's proportion - appeal against sentence only

• The fee on brief includes all preparation, reading, conferences and time spent in court.

46. Counsel's proportion - other (including complex)

• The fee on brief includes all preparation, reading, conferences and time spent in court.

47. Queens Counsel - appeal against sentence

• (see also notes 26 and 27)
• The fee on brief includes all preparation, reading, conferences and time spent in court.

48. Queens Counsel - other appeal (including complex)

• (see also notes 26 and 27)
• The fee on brief includes all preparation, reading, conferences, and time spent in Court.

CCA/FULL COURT

Leave to appeal

49. Solicitor's proportion

• The fee for leave to appeal to the CCA includes all attendances upon client, drawing and lodging notice of appeal, any other necessary documents and preparation of the brief for counsel.
• NOTE: The fee on brief for each of these following items (50-61) includes all preparation, reading, conference and time spent in court. (For Queens Counsel, see notes 26 and 27)

50. Leave to Appeal - Counsel's proportion against sentence

51. Queen's Counsel

52. Leave to Appeal against conviction - Counsel's proportion

53. Queen's Counsel

54. Leave to Appeal against both conviction/sentence - Counsel's proportion

55. Queen's Counsel

Appeals

56. Against conviction - Counsel

57. Queen's Counsel

58. Against Sentence - Counsel

59. Queen's Counsel

60. Written application for leave to Appeal

61. Queen's Counsel

HIGH COURT

62. High Court special leave to appeal- solicitor's proportion

• The fee for an application for special leave to appeal to the High Court includes all attendances upon client, drawing and lodging the application, any other necessary documents and preparation of brief for counsel.

63. High Court special leave to appeal - counsel's proportion

• The fee on brief includes all preparation, reading, conferences and time spent in court.

64. High Court special leave to appeal - Queen's counsel

• The fee on brief includes all preparation, reading, conferences and time spent in court.

65. High court appeal - solicitor's proportion

• The fee for the appeal to the High Court includes all attendances upon the client, drawing and lodging any necessary documents and preparation of the brief for counsel.

66. High Court appeal - counsel's proportion

• The fee on brief includes all preparation, reading, conferences and time spent in court.

67. High Court appeal - Queen's Counsel

• The fee on brief includes all preparation, reading, conferences and time spent in court.

ALL COURTS - MISCELLANEOUS ITEMS

68. Remands, arraignments and callovers

• Attendances for remands, arraignments and callovers are included in the lump sum fees. No additional fees will be paid by the Commission.

69. Travelling time

• Travelling time is normally included in the lump sum fees. No additional fees will be paid by the Commission unless authorised in a matter as a special case, in which case the rate outlines in item 71 will apply.

70. Waiting time

• Waiting time is included in the lump sum fees. No additional fees will be paid by the Commission.

71. Approved reading time

• Ordinarily reading time is included in the lump sum fees. Additional fees will only be allowed by the Commission where a matter is certified as a special case. (see notes 1, 25, 26 and 27 for the definition of "special case".

72. Conferences

• Ordinarily conferences are included in the lump sum fees. Additional fees will only be allowed by the Commission where a matter is certified as a special case. (see notes 1, 25, 26 and 27 for the definition of "special case" and for the rates applicable for conferences).

73. Attendance upon judgment

• Attendance upon judgment is included in the lump sum fees. No additional fees will be paid by the Commission unless the matter has been certified as a special case.

74. Mileage

• The Commission does not normally pay mileage fees to practitioners who offer a service to a particular court and are therefore considered as being local to that court, notwithstanding that they do in fact travel from an office not in the general area of that court. However, if for some unforeseen reason the Commission assigns a practitioner/s to a court which that practitioner does not normally service, and it is a Commission generated assignment, then mileage may be approved.

75. Junior Counsel all trials and appeals

• Where the Commission approves two counsel, the term junior counsel means counsel who is not leading. Accordingly this includes counsel who may, on other occasions, appear as counsel alone or who classify themselves as senior counsel (not QC) or senior junior counsel.

76. Subsequent days (refreshers)

• The refresher fee includes any reading and or conferences during the trial and time spent in court.

GENERAL

(a) Commitment certificates/Tax Invoices

• Commitment certificates/Tax Invoices will be issued by the Commission for all work authorised.
• Extensions may be sought as further work is required. Additional commitment certificates will be issued to cover any further work approved by the Commission.
• All commitment certificates/Tax Invoices aggregate to form the total amount of funding approved by the Commission.
• No payment will be made for work which has not been authorised and for which no commitment certificate/Tax Invoice has been issued by the Commission.

(b) Definition of a grant of aid

• The term "grant" is used to describe an approved application for legal assistance and may include more than one matter as long as all matters are related.
• A new application must be submitted for any unrelated matters.
• A matter is unrelated if it cannot be finalised in the same court at the same time as other matters.

(c) Youth Court matters

• Cases heard in the Youth Court will be paid at Magistrate's Court rates.

(d) Terms of Assignment

• Practitioners should read the terms of assignment letters and commitment certificates/Tax Invoices carefully. Further authorisation must be sought before the authorised costs can be exceeded, or if work outside the terms of assignment is required. Legal aid, where granted usually dates from the date of receipt of the application, except where urgent telephone or fax approval has been given.

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