The Office of the Director of Public Prosecutions (DPP) pays for RoD when there is “significant work to review documentation other than on a court date".
What you need to do
No claims will be processed without prior application to and sanction from the CLA unit in the Department of Justice.
The application for prior sanction must be submitted by the instructing solicitor on the case, on behalf of all parties on the defence team, to the Criminal Legal Aid Unit in the department at firstname.lastname@example.org
with the Subject heading “Review of Disclosure application”.
The application for prior sanction shall include the following:
a complete list of names and role of each member of the defence team who are expected to be reviewing disclosure
full details of volume and type of disclosure – as far as can be ascertained in the initial application for sanction
an estimate of the total number of hours required by each member of the defence team involved in RoD
identify what material will be reviewed and by whom to ensure no unnecessary duplication of review of material
confirmation that sanction has been given for documentary junior/trial junior/trial senior where relevant
copy of the Legal Aid Certificate specifying that documentary junior has been authorised by the Court for the case in question
the prior sanction application must be accompanied with the requisite form signed by the instructing solicitor
where any technical experts or translators are required for RoD, as is current practice, prior sanction must be obtained before their services can be engaged
if additional disclosure is given to the defence team at a later date the instructing solicitor shall submit another Sanction Application Form detailing the nature of the additional disclosure, the number of hours required to review it and who will be carrying out which parts of the review. Where sanction has already been granted it automatically carries over to the new disclosure. Where sanction was not granted in the initial application the additional material may alter the significance of the disclosure and sanction may at that stage be granted
the Criminal Legal Aid Unit of the department may consult with the DPP from time to time to ascertain whether there is significant review of disclosure in a case
you must itemise what has been reviewed, the number of hours involved for each item reviewed and the total number of hours
The department will process claims for interim payment on a quarterly basis for review of disclosure conducted in the preceding 3 months.
The instructing solicitor will be responsible for the collation and submission of the claims for payment on behalf of all those on the defence team conducting RoD. All parties who are entitled to make a claim for RoD shall forward to the instructing solicitor their invoice containing all the details as outlined in point 10 below.
The DPP has set a RoD fee at three different rates, namely:
Trial Junior Counsel
€135/hour (up to a maximum of a standard refresher fee /day)
Trial Senior Counsel
€225/hour (up to a maximum of a standard refresher fee /day)
The payment claim will be checked against the prior sanction given. Any deviations from the sanction will need to be explained. Payment over and above what has been sanctioned will only be paid following a satisfactory explanation for the increase in the claim. The defence team will be paid having regard to parity with the fees set by the DPP. The payment claim must be accompanied by the RoD claim cover form.
For the application for sanction form, you must attach copies of all legal aid certificates including sanction for documentary junior (where relevant) and a copy of the signed approved APPLICATION FOR SANCTION FORM.
All claims are to be sent to the Criminal Legal Aid Unit, Department of Justice, 51 St Stephen’s Green, Dublin 2.
Application for prior sanction shall be submitted by the instructing solicitor on the case, on behalf of all parties on the defence team, to the Criminal Legal Aid Unit in the department at email: email@example.com
with the Subject heading “Review of Disclosure Application.”