Dáil Éireann Debate, Thursday - 15 May 2014
185. Deputy Thomas P. Broughan asked the Minister for Justice and Equality to set out the fee rate for senior counsel, junior counsel and solicitors for the years 2012, 2013 and to date in 2014 for all fee types, including a breakdown based on work completed in the District Court, Circuit Court, High Court, Central Criminal Court, Special Criminal Court and Supreme Court under the criminal legal aid system. [21917/14]
View answerThe Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The granting of aid is a matter for the court.
The rates of fees payable to solicitors for attendance in the District Court and for appeals to the Circuit Court with effect from 13 July 2011 are set out in Statutory Instrument No. 362 of 2011. €201.50 is paid for the first appearance in court by the solicitor and €50.39 is paid for any subsequent court appearances.
Statutory Instrument No. 234 of 1976 provides that fees paid to counsel acting in the Circuit and higher courts for defendants who have been granted free legal aid are paid on a parity basis with the fees payable to prosecution counsel as set by the Office of the Director of Public Prosecutions (ODPP). The fees paid to solicitors for the defendant are related to those paid to junior counsel as provided for by Statutory Instrument No. 33 of 1978. Details of the main fees payable in the Circuit Court and the Central Criminal Court with effect from 1 October 2011 are set out in the following table.
Regarding the request for information in respect of the Special Criminal Court, I wish to advise the Deputy that there are a small number of cases that are not suitable for hearing before normal jury courts. The Special Criminal Court deals with these cases and fees are set by the ODPP on a case by case basis.
Similarly, fees in respect of applications for Case Stated for the opinion of the High Court and the Supreme Court are set by the ODPP on a case by case basis.
SCHEDULE OF MAIN FEES
Senior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,716 |
€858 |
€370 |
€185 |
|
Central Criminal Court/Murder |
€7,127 |
€1,562 |
€370 |
€185 |
|
Central Criminal Court/Rape |
€5,704 |
€1,562 |
€370 |
€185 |
Junior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€572 |
€247 |
€124 |
|
Central Criminal Court/Murder |
€4,752 |
€1,041 |
€247 |
€124 |
|
Central Criminal Court/Rape |
€3,803 |
€1,041 |
€247 |
€124 |
Solicitor
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€418 |
€180 |
€90 |
|
Central Criminal Court/Murder |
€7,127 |
€750 |
€180 |
€90 |
|
Central Criminal Court/Rape |
€3,803 |
€760 |
€180 |
€90 |
