Written Answers to Questions - Northern Ireland Assembly
Written Answers to Questions - Northern Ireland Assembly
Written Answers to Questions - Northern Ireland Assembly
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Friday 20 July 2012 <strong>Written</strong> <strong>Answers</strong><br />
If credible evidence were brought <strong>to</strong> the attention of the Commission that a convicted defendant had<br />
sufficient means <strong>to</strong> pay for his or her own defence representation which would cast doubt on their<br />
eligibility for criminal legal aid, they could refer the matter <strong>to</strong> the police for investigation. This could<br />
lead <strong>to</strong> a criminal conviction for fraudulently claiming legal aid and a compensation order for the costs<br />
incurred in providing that defence representation. If a compensation order was not made by the court,<br />
the Commission could seek <strong>to</strong> recover the costs as a civil debt.<br />
I have recently made the Criminal Legal Aid (Recovery of Defence Costs Orders) Rules (<strong>Northern</strong><br />
<strong>Ireland</strong>) 2012. This will ensure that in future the Commission will have the power it needs <strong>to</strong> recover<br />
defence costs from convicted defendants in the Crown Court who have sufficient means <strong>to</strong> pay for<br />
those costs.<br />
Hearing Centres<br />
Lord Morrow asked the Minister of Justice, pursuant <strong>to</strong> AQW 12764/11-15, how this expenditure has<br />
been deemed necessary when other hearing centres are facing closure.<br />
(AQW 13365/11-15)<br />
Mr Ford: Dungannon Courthouse is not a Hearing Centre and therefore there is no direct correlation<br />
between the Hearing Centre closure consultation exercise and the security enhancements at<br />
Dungannon Courthouse.<br />
Marion McGlinchey<br />
Lord Morrow asked the Minister of Justice (i) <strong>to</strong> detail the amount of legal aid paid <strong>to</strong> date in relation <strong>to</strong><br />
Marion McGlinchey; (ii) whether legal aid was granted <strong>to</strong> fund the costs of the United Nations doc<strong>to</strong>rs<br />
who were <strong>to</strong> examine her; and (iii) if so, what was the <strong>to</strong>tal cost of funding the doc<strong>to</strong>rs, including<br />
expenses.<br />
(AQW 13367/11-15)<br />
Mr Ford: The legal aid payments made <strong>to</strong> Mrs McGlinchey’s legal team are detailed below, broken down<br />
by Criminal, Civil and Legal Advice and Assistance (Green Form) legal aid categories.<br />
Criminal Legal Aid<br />
A <strong>to</strong>tal of £1,124.61 (including VAT of £179.58 and disbursements of £47.13) was paid <strong>to</strong> Mrs<br />
McGlinchey’s solici<strong>to</strong>r in respect of PACE advice provided at the police station.<br />
Fees have been paid <strong>to</strong> Ms McGlinchey’s solici<strong>to</strong>r <strong>to</strong>talling £1,700.46 (including VAT of £283.41) for<br />
work done in the Magistrates’ Court. The counsel who represented Ms McGlinchey also represented<br />
one of her co-accused, therefore the fees paid are in respect of both defendants. It is not possible <strong>to</strong><br />
disaggregate the payment <strong>to</strong> reflect the portion of the payment relating <strong>to</strong> Ms McGlinchey. The <strong>to</strong>tal<br />
paid <strong>to</strong> counsel in respect of both defendants is £1,273.01 (including VAT of £212.17).<br />
Civil Legal Aid<br />
Profit Costs - £1,257.72 (including VAT of £209.62 VAT).<br />
Counsel Fees - £360.00 (including VAT of £60 VAT).<br />
Outlay - £18.80, solely in respect of pho<strong>to</strong>copying.<br />
Total - £1,636.52<br />
Legal Advice and Assistance (Green Form) Scheme<br />
Advice Type Amount paid VAT<br />
PACE £139.74 £23.83<br />
WA 583
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