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Criminal Investigations (Bodily Samples) Act 1995

Miscellaneous provisions - Miscellaneous provisions

74: Payment of lawyer appointed to represent suspect

You could also call this:

"How the government pays a lawyer to help someone who is suspected of a crime"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You need to know how lawyers get paid when they represent suspects. If a lawyer is appointed to represent a suspect under section 21 or section 41C(3), the Crown pays their fees and expenses. The lawyer gives their bill to a court Registrar who checks it. If the lawyer disagrees with the Registrar's decision, they can ask a Judge to review it. The Judge can then make a fair and reasonable decision about the bill. A Judge can also order someone to pay back the Crown for some of the fees and expenses. This means you could have to pay back some money if a Judge orders you to. The amount you have to pay back is a debt to the Crown and can be recovered in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369840.

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Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Government payments and funding
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Part 5Miscellaneous provisions
Miscellaneous provisions

74Payment of lawyer appointed to represent suspect

  1. Where a lawyer is appointed pursuant to section 21 or section 41C(3),—

  2. the fees and expenses of that lawyer shall, in accordance with any regulations made under this Act, be paid by the Crown:
    1. the bill of costs rendered by that lawyer shall be given to a Registrar of the court that so appointed that lawyer, and the Registrar may tax the bill of costs.

      1. A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the bill may, within 14 days after the date of the decision, apply to a Judge of the court that so appointed that lawyer to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable.

      2. Notwithstanding subsection (1), a Judge may, if he or she thinks proper, order any party to the proceedings to refund to the Crown such amount as the Judge specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any court of competent jurisdiction.

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      Notes
      • Section 74(1): amended, on , by section 43 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).