Justice Act (Northern Ireland) 2011

PART 7 N.I.LEGAL AID, ETC.

Order to recover costs of legal aidN.I.

81—(1) The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) is amended as follows.

(2) After Article 33 insert—

“Order to recover costs of legal aid

33A—(1) Where a person has been granted a criminal aid certificate the court may, subject to rules made under Article 36, make an order requiring him to pay some or all of the cost of legal aid incurred to the date of the order unless he is already subject to an action under Article 33(3) to recover that cost.

(2) Rules made under Article 36 may make provision about—

(a)the descriptions of courts by which, and individuals against whom, an order under paragraph (1) may be made,

(b)the circumstances in which such an order may be made and the principles to be applied in deciding whether to make such an order and the amount to be paid,

(c)the persons who may apply to the court for such an order to be made and the circumstances and manner in which that application may be made,

(d)the determination of the cost of legal aid incurred for the purposes of the making of such an order,

(e)the manner in which, and persons by whom, an investigation into the means of any person may be carried out for the purposes of making such an order,

(f)the furnishing of information and evidence to the court or the Northern Ireland Legal Services Commission for the purpose of enabling the court to decide whether to make such an order and (if so) the amount to be paid,

(g)prohibiting persons who are required to furnish information or evidence from dealing with property until they have furnished the information or evidence or until a decision whether to make an order, or as to the amount to be paid, has been made,

(h)rights of appeal against such an order,

(i)the person or body to which, and manner in which, payments required by such an order must be made and what that person or body is to do with them,

(j)the enforcement of such an order (including provision for the imposition of charges in respect of unpaid amounts), and

(k)such other matters as the Department of Justice considers necessary or appropriate.”.

(3) In Article 33 (report on means of applicant) at the end insert—

“(4) Paragraph (3) does not apply in relation to a person who is already subject to an order under Article 33A(1) in respect of the cost of legal aid incurred.”.

Eligibility of persons in receipt of guarantee creditN.I.

F282  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal aid for certain bail applicationsN.I.

83—(1) Part 3 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) (criminal proceedings) is amended as follows.

(2) In Article 28(7) (legal aid in the magistrates' court)—

(a)after sub-paragraph (b) insert—

“(c)applying to the Crown Court for bail under section 92 of the Justice Act (Northern Ireland) 2011;”;

(b)after “being work done” insert “ , in a case falling within sub-paragraph (a) or (b), ”.

(3) In Article 29(4) (legal aid in the Crown Court) at the end add

“and

(c)applying to a magistrates' court for bail under section 91 of the Justice Act (Northern Ireland) 2011.”.

Civil legal services: scopeN.I.

86—(1) In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (NI 10) (civil legal services) paragraph 2 is amended as follows.

(2) After sub-paragraph (b) insert—

“(ba)proceedings in the Crown Court for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997;

(bb)proceedings in the Crown Court for the variation or discharge of a witness anonymity order under section 91 or 92 of the Coroners and Justice Act 2009;”.

(3) In sub-paragraph (d)(xii) after the words “under section” insert “ 215A, ”.

(4) After sub-paragraph (d)(xv) insert—

“(xvi)for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997,

(xvii)for an order or the variation, renewal or discharge of an order under paragraph 5 or 10 of Schedule 5 to the Counter-Terrorism Act 2008,

(xviii)for the discharge of an investigation anonymity order under section 80 of the Coroners and Justice Act 2009,

(xix)for the variation or discharge of a witness anonymity order under section 91 or 92 of the Coroners and Justice Act 2009;”.

(5) In sub-paragraph (i) omit “the Asylum and Immigration Tribunal or”.

(6) After sub-paragraph (i) insert—

“(ia)proceedings before the First-tier Tribunal under—

(i)Schedule 2 to the Immigration Act 1971;

(ii)section 40A of the British Nationality Act 1981;

(iii)Part 5 of the Nationality, Immigration and Asylum Act 2002; or

(iv)regulation 26 of the Immigration (European Economic Area) Regulations 2006,

(ib)proceedings before the Upper Tribunal arising out of proceedings within sub-paragraph (ia),”.