22
AY
1, 1985
+CASES IN WHICH THE SOLICITOR IS NOT ASSIGNED AS AN ADVOCATE WILL REMAIN UNAFFECTED BUT IN RESPECT OF THOSE IN WHICH THE SOLICITOR IS ASSIGNED TO CONDUCT THE CASE IN COURT, AN ALTERNATE SOLICITOR FROM THE SAME FIRM WILL ONLY BE PERMITTED TO APPEAR WITH THE PRIOR APPROVAL OF THE DIRECTOR OF LEGAL AID, HE SAID.
MR TSAO SAID THE OPPORTUNITY HAD BEEN TAKEN IN RULE 3 TO EXTEND THE AVAILABILITY OF LEGAL AID TO PROCEEDINGS IN THE HIGH COURT OR DISTRICT COURT TO THOSE OFFENDERS WHO MIGHT BE REFERRED BACK TO THE COURT FOR SENTENCE AS A RESULT OF BREACH OF A COMMUNITY SERVICE ORDER AND TO CLARIFY DOUBTS AS TO THE AVAILABILITY OF LEGAL AID FOR THOSE WHO WERE TO BE SENTENCED BY A DISTRICT COURT JUDGE FOR CONTEMPT AND FOR SUMMARY PUNISHMENT FOR PERJURY.
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THE RATIONALE BEHIND SUCH EXTENSIONS, MR TSAO SAID, WAS TO ENSURE THAT THOSE WHO WERE TO BE PUNISHED BY THE COURTS WERE NOT, THROUGH LACK OF MEANS, DEPRIVED OF LEGAL REPRESENTATION TO PLEAD MITIGATION,
+A FURTHER AMENDMENT PROVIDED BY RULE 3 ENSURES THAT THE LIMITS OF DISPOSABLE CAPITAL AND INCOME THAT GOVERN ELIGIBILITY FOR LEGAL AID IN CRIMINAL CASES ARE AUTOMATICALLY MAINTAINED AT THE SAME LEVEL AS THOSE THAT APPLY UNDER THE LEGAL AID ORDINANCE IN RESPECT OF CIVIL CASES, HE SAID.
MR TSAO SAID THE AMENDMENT CONTAINED IN RULE 6 REMOVED THE STATUTORY LIMIT ON FEES PAYABLE TO SOLICITORS FOR PREPARATORY WORK AND DAILY ATTENDANCES IN CASES WHICH THE COURT HAD CERTIFIED WERE OF EXCEPTIONAL LENGTH OR COMPLEXITY AND EMPOWERED THE DIRECTOR TO PAY SUCH FEES AS WERE PROPER IN THE CIRCUMSTANCES OF THE CASE.
+THIS IS THE EXISTING PRACTICE UNDER THE RULES FOR THE FEES PAYABLE TO COUNSEL ONCE SUCH A CERTIFICATE HAS BEEN GIVEN BY THE COURT,
+THE NEED FOR THE AMENDMENT HAS ARISEN AS A RESULT
OF THE INCREASE IN LENGTHY CASES INVOLVING SUBSTANTIAL PREPARATORY WORK BY SOLICITORS PRIOR TO TRIAL.
+THE LEGAL AID DEPARTMENT HAS INSUFFICIENT MANPOWER RESOURCES TO CONDUCT SUCH CASES AND THE EXISTING FEES PAYABLE TO SOLICITORS ARE SUCH THAT PRIVATE PRACTITIONERS ASSIGNED WOULD BE REQUIRED TO CARRY OUT THE WORK AT GROSSLY UNECONOMIC RATES AND ARE NOT UNNATURALLY RELUCTANT TO DO SO DESPITE THEIR RECORD OF SELFLESS ASSISTANCE TO THE LEGAL AID SCHEME.
ENTURES
+AMENDMENTS ARE MADE TO THE FORM OF APPLICATION FOR
LEGAL AID IN CRIMINAL CASES TO ACHIEVE CONSISTENCY WITH THAT USED FOR CIVIL CASES AND CROSS REFERENCES TO PREVIOUS REGULATIONS AS TO ASSESSMENT OF RESOURCES AND CONTRIBUTIONS ARE CORRECTED TO REFLECT RECENT CHANGES EFFECTED BY THOSE REGULATIONS, + MR TSAO SAID.
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