s.24Remuneration of assigned attorney-at-law in complex legal aid cases
24
Section 24Part 4 — SELECTION, REMUNERATION, ETC. OF ATTORNEY-AT-LAW

Remuneration of assigned attorney-at-law in complex legal aid cases

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The Director may procure, by contract, legal aid services on behalf of assisted persons in certain criminal cases which he determines, in accordance with subsection (2), to be complex legal aid cases.
In determining whether a matter is a complex legal aid case the Director shall take into account whether the case satisfies at least three of the following criteria —
the commission of the offence to which the case relates is likely to give rise to national publicity and widespread public concern;
a successful defence to the charges requires highly specialist knowledge;
the elements of the offence are of a technical nature and a successful defence requires an attorney-at-law with the relevant technical legal knowledge;
the elements of the offence involve an international dimension;
a successful defence against the charges requires a combination of legal, accountant, investigative and other expert skills;
the charges are based on allegations of terrorism;
the offence attracts a sentence exceeding ten years;
the offence is of a violent or sexual nature involving multiple victims; or
the offence involves complex financial or legal transactions or records.
The fees and costs attached to the proceedings in complex legal aid cases shall be paid in accordance with the terms of the legal aid contract negotiated between the listed attorney and the Court Administrator and granted under this section.
The Director, with the approval of the Court Administrator, may, on receiving a written request from the attorney-at-law assigned under the contract indicating the reasons, allow for an upward adjustment in the agreed fees and costs if, during the conduct of the criminal or civil proceedings, there is a material change of circumstances which is likely to prejudice the quality of the legal aid representation and which makes it unreasonable to enforce the terms of the original legal aid contract.
An attorney-at-law in a complex legal aid case shall, at such intervals as may be specified in the contract, provide the Director with such written evidence as the Director may reasonably require in order to permit the Director to ensure that the estimates of time and costs under the legal aid contract are being met.
Sections 25, 26 and 27 do not apply to complex legal aid cases.

Defined Terms

complex legal aid case

Cross References