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Costs incurred or to be incurred by solicitors in proceedings, etc.

Public Defenders Regulations 2022

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—(1) Subject to paragraph (3), where it appears to an aided accused person’s solicitor necessary, for the proper conduct of any proceedings to which the Grant of Aid relates, to take any one or more of the following steps:(a)to request for any record of any proceedings;(b)to file any criminal application before the conclusion of any criminal proceedings in the court of first instance;(c)to instruct more than one solicitor,the solicitor must apply to the Chief Public Defender for authority to do so.(2) The aided accused person’s solicitor is not entitled to be reimbursed for any payment in respect of any of the steps mentioned in paragraph (1) that was taken without authority from the Chief Public Defender.(3) Paragraphs (1) and (2) do not apply to any step mentioned in paragraph (1)(a), (b) or (c), if the terms of the Grant of Aid allow the taking of that step.(4) The Chief Public Defender may give to solicitors acting for aided accused persons in any particular class of proceedings general authority to obtain reports or opinions of experts and to tender expert evidence, and if so, the Chief Public Defender must specify the maximum fee to be paid for any report, opinion or expert witness.(5) Where it appears to an aided accused person’s solicitor necessary for the proper conduct of any proceedings —(a)to obtain a report or opinion of one or more experts or to tender expert evidence in a case of a class not included in any general authority under paragraph (4); or(b)in a case of a class so included —(i)to pay a higher fee than that specified by the Chief Public Defender under paragraph (4); or(ii)to obtain more reports or opinions or to tender more experts as witnesses than have been authorised,the solicitor may apply to the Chief Public Defender for authority to do so.(6) If the Chief Public Defender gives authority to the aided accused person’s solicitor for the purposes of paragraph (5)(a) or (b), the Chief Public Defender must specify —(a)the maximum number of reports or opinions that may be obtained, or the maximum number of persons who may be tendered to give expert evidence; and(b)the maximum total fee to be paid for those reports, opinions or expert evidence, as the case may be.(7) Except as provided by this regulation, a solicitor is not entitled to be reimbursed for any payment made for any report or opinion of an expert, or for expert evidence, tendered by or on behalf of an aided accused person.(8) Where it appears to the aided accused person’s solicitor necessary for the proper conduct of any proceedings that a certain act should be done, but that act is unusual in its nature or involves unusually large expenditure —(a)the solicitor must obtain the Chief Public Defender’s approval to carry out that act;(b)if the Chief Public Defender so approves, the Chief Public Defender must specify the maximum total expenditure to be incurred for that act; and(c)the solicitor is only entitled to be reimbursed for any payment in respect of any step to carry out that act that was approved by the Chief Public Defender.

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