Article 33A Order to recover costs of legal aidF1
Northern Ireland
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.
Rules made under Article 36 may make provision about—
the descriptions of courts by which, and individuals against whom, an order under paragraph (1) may be made,
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,
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,
the determination of the cost of legal aid incurred for the purposes of the making of such an order,
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,
the furnishing of information and evidence to the court or the F2Director for the purpose of enabling the court to decide whether to make such an order and (if so) the amount to be paid,
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,
rights of appeal against such an order,
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,
the enforcement of such an order (including provision for the imposition of charges in respect of unpaid amounts), and
such other matters as the Department of Justice considers necessary or appropriate.
Annotations
Textual amendments
- F1
Art. 33A inserted (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 81(2), 111(3); S.R. 2012/142, art. 2(b)
- F2
Word in art. 33A(2)(f) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 1(3) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
Notes on the whole Order
Textual amendments
- F1
Order repealed (1.11.2003 for the repeals of arts.18(1)-(7), 19, 20.3.2006 the repeal of art. 23, 1.4.2015 for the repeal of Pt. 2 to the extent that it remains in operation, otherwise prosp.) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), arts. 1(2), 49(5), Sch. 5 (with transitional provisions and savings in art. 48, Sch. 3); S.R. 2003/344, art. 4, Sch. 2; S.R. 2006/27, art. 3; S.R. 2015/194, art. 2, Sch. (with transitional provisions and savings in art. 3)
- F2
functions transferred by SI 1982/159
Notes on Part III
Modifications
- C1
Pt. 3 transfer of functions (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), ss. 1(2)(a)(3)(4), 12(1) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(a)