LegalizeThe Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021
| 1A. | Written work | Written work | Written work | Written work | |
|---|---|---|---|---|---|
| (a) | petition to the Nobile Officium | petition to the Nobile Officium | petition to the Nobile Officium | petition to the Nobile Officium | £243.34 |
| (b) | drafting devolution or compatibility minute | drafting devolution or compatibility minute | drafting devolution or compatibility minute | drafting devolution or compatibility minute | £162.23 |
| (c) | drafting section 275 application under the 1995 Act | drafting section 275 application under the 1995 Act | drafting section 275 application under the 1995 Act | drafting section 275 application under the 1995 Act | £162.23 |
| (d) | drafting specification of documents | drafting specification of documents | drafting specification of documents | drafting specification of documents | £135.19 |
| (e) | drafting interrogatories | drafting interrogatories | drafting interrogatories | drafting interrogatories | £135.19 |
| (f) | drafting defence statement under section 70A of the 1995 Act[^f00047] or section 125 of the 2010 Act | drafting defence statement under section 70A of the 1995 Act[^f00047] or section 125 of the 2010 Act | drafting defence statement under section 70A of the 1995 Act[^f00047] or section 125 of the 2010 Act | drafting defence statement under section 70A of the 1995 Act[^f00047] or section 125 of the 2010 Act | £135.19 |
| (f) | Junior as leader | Junior alone | Junior with leader | ||
| 1B. | Early Plea | Early Plea | |||
| 1B. | Hearing under section 76 of the 1995 Act | Hearing under section 76 of the 1995 Act | £1351.88 | £1351.88 | £675.94 |
| 2. | Trial (per day) Category Charges Prosecuted in the Sheriff Court | Trial (per day) Category Charges Prosecuted in the Sheriff Court | Trial (per day) Category Charges Prosecuted in the Sheriff Court | Trial (per day) Category Charges Prosecuted in the Sheriff Court | Trial (per day) Category Charges Prosecuted in the Sheriff Court |
| (a) | Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act, Torture, War crimes, Rape, Multiple attempted murder, Offences under the Explosive Substances Act 1883[^f00048], sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering)[^f00049], Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act | Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act, Torture, War crimes, Rape, Multiple attempted murder, Offences under the Explosive Substances Act 1883[^f00048], sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering)[^f00049], Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act | £700.28 | £621.87 | £389.34 |
| (b) | Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971[^f00050], Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982[^f00051], Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937[^f00052], all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace | Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971[^f00050], Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982[^f00051], Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937[^f00052], all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace | £535.35 | £465.05 | £329.86 |
| 3. | Miscellaneous Hearings | Miscellaneous Hearings | |||
| (a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £311.48 | £272.54 | £194.67 |
| (aa) | judicial examination | judicial examination | £311.48 | £272.54 | £194.67 |
| (b) | preliminary diet | preliminary diet | £311.48 | £272.54 | £194.67 |
| (c) | hearing under section 275 of the 1995 Act | hearing under section 275 of the 1995 Act | £311.48 | £272.54 | £194.67 |
| (d) | hearing on specification of documents | hearing on specification of documents | £311.48 | £272.54 | £194.67 |
| (e) | hearing on a devolution or compatibility minute | hearing on a devolution or compatibility minute | £311.48 | £272.54 | £194.67 |
| (f) | hearing on an application by the Crown for an extension of time | hearing on an application by the Crown for an extension of time | £311.48 | £272.54 | £194.67 |
| (g) | hearing under section 72 of the 1995 Act | hearing under section 72 of the 1995 Act | £155.74 | £136.27 | £97.34 |
| (h) | hearing on a Motion to adjourn | hearing on a Motion to adjourn | £155.74 | £136.27 | £97.34 |
| (i) | hearing on an application for special measures | hearing on an application for special measures | £155.74 | £136.27 | £97.34 |
| (j) | confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in | confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in | |||
| (j) | (i) | paragraph 2(a) | £700.28 | £621.87 | £389.34 |
| (j) | (ii) | paragraph 2(b) | £535.35 | £465.05 | £329.86 |
| (k) | confiscation diet where no substantial evidence is led | confiscation diet where no substantial evidence is led | £311.48 | £272.54 | £194.67 |
| (l) | deferred sentence where mitigation is led | deferred sentence where mitigation is led | £311.48 | £272.54 | £194.67 |
| (m) | deferred sentence where no mitigation is led | deferred sentence where no mitigation is led | £155.74 | £136.27 | £97.34 |
| (ma) | drug treatment and testing order review | drug treatment and testing order review | £155.74 | £136.27 | £97.34 |
| (mb) | drug treatment and testing order review where mitigation is led and order revoked | drug treatment and testing order review where mitigation is led and order revoked | £311.48 | £272.54 | £194.67 |
| (n) | adjourned trial diet | adjourned trial diet | £155.74 | £136.27 | £97.34 |
| (o) | adjourned trial diet (trial having commenced) | adjourned trial diet (trial having commenced) | £311.48 | £272.54 | £194.67 |
| (oa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £311.48 | £272.54 | £194.67 |
| (p) | trial within a trial | trial within a trial | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel |
| (pa) | commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel |
| (q) | examination of the facts in a case of insanity or diminished responsibility | examination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel |
| (r) | proof in mitigation | proof in mitigation | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel |
| (s) | deferred sentence in which evidence is taken from an expert witness | deferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel |
| (t) | first diet | first diet | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel |
| 4. | Fee for consultations, accused and counsel meetings and locus visits | Fee for consultations, accused and counsel meetings and locus visits | £192.51 | £166.56 | £116.81 |
| 4A. | Fee for abortive consultation | Fee for abortive consultation | £96.26 | £83.28 | £58.41 |
| 5. | Fee for a necessary Note | Fee for a necessary Note | £54.08 | £54.08 | £54.08 |
| 6. | Travel | Travel | |||
| 6. | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £108.15 | £108.15 | £108.15 |
| 6. | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £216.30 | £216.30 | £216.30 |
| 7. | Accommodation and associated subsistence | Accommodation and associated subsistence | |||
| 7. | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | £108.15 | £108.15 | £108.15 |
CHAPTER 2 — SENIOR COUNSEL
| 1A. | Written work | Written work | |
|---|---|---|---|
| (a) | Petition to the Nobile Officium | Petition to the Nobile Officium | £243.34 |
| (b) | Drafting devolution or compatibility minute | Drafting devolution or compatibility minute | £162.23 |
| (c) | Drafting section 275 application under the 1995 Act | Drafting section 275 application under the 1995 Act | £162.23 |
| (d) | Drafting specification of documents | Drafting specification of documents | £135.19 |
| (e) | Drafting interrogatories | Drafting interrogatories | £135.19 |
| (f) | Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act | Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act | £135.19 |
| 1B. | Early Plea | Early Plea | |
| 1B. | Hearing under section 76 of the 1995 Act | Hearing under section 76 of the 1995 Act | £1351.88. |
| 2. | Trial (per day) Category Charges prosecuted in the Sheriff Court | Trial (per day) Category Charges prosecuted in the Sheriff Court | |
| (a) | Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act | Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act | £778.68 |
| (b) | Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 of 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace | Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 of 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace | £605.64 |
| 3. | Miscellaneous Hearings | Miscellaneous Hearings | |
| (a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £354.74 |
| (aa) | judicial examination | judicial examination | £354.74 |
| (b) | preliminary diet | preliminary diet | £354.74 |
| (c) | hearing under section 275 of the 1995 Act | hearing under section 275 of the 1995 Act | £354.74 |
| (d) | hearing on specification of documents | hearing on specification of documents | £354.74 |
| (e) | hearing on a devolution or compatibility minute | hearing on a devolution or compatibility minute | £354.74 |
| (f) | hearing on an application by the Crown for an extension of time | hearing on an application by the Crown for an extension of time | £354.74 |
| (g) | hearing under section 72 of the 1995 Act | hearing under section 72 of the 1995 Act | £177.37 |
| (h) | hearing on a motion to adjourn | hearing on a motion to adjourn | £177.37 |
| (i) | hearing on an application for special measures | hearing on an application for special measures | £177.37 |
| (j) | confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in— | confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in— | |
| (j) | (i) | paragraph 2(a) | £778.68 |
| (j) | (ii) | paragraph 2(b) | £605.64 |
| (k) | confiscation diet where no substantial evidence is led | confiscation diet where no substantial evidence is led | £354.74 |
| (l) | deferred sentence where mitigation is led | deferred sentence where mitigation is led | £354.74 |
| (m) | deferred sentence where no mitigation is led | deferred sentence where no mitigation is led | £177.37 |
| (ma) | drug treatment and testing order review | drug treatment and testing order review | £177.37 |
| (mb) | drug treatment and testing order review where mitigation is led and order revoked | drug treatment and testing order review where mitigation is led and order revoked | £354.74 |
| (n) | adjourned trial diet | adjourned trial diet | £177.37 |
| (o) | adjourned trial diet (trial having commenced) | adjourned trial diet (trial having commenced) | £354.74 |
| (oa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £354.74 |
| (p) | trial within a trial | trial within a trial | Payable at the full rate for a trial (paragraph 2 above) depending on category of case |
| (pa) | commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel |
| (q) | examination of the facts in a case of insanity or diminished responsibility | examination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 2 above) depending on category of case |
| (r) | proof in mitigation | proof in mitigation | Payable at the full rate for a trial (paragraph 2 above) depending on category of case |
| (s) | deferred sentence in which evidence is taken from an expert witness | deferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 2 above) depending on category of case |
| (t) | first diet | first diet | Payable at the full rate for a trial (paragraph 2 above) depending on category of case |
| 4. | Fee for consultations, accused and counsel meetings and locus visits | Fee for consultations, accused and counsel meetings and locus visits | £216.30 |
| 4A. | Fee for abortive consultation | Fee for abortive consultation | £108.15 |
| 5. | Fee for necessary Note | Fee for necessary Note | £54.08 |
| 6. | Travel | Travel | |
| 6. | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £108.15 |
| 6. | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £216.30 |
| 7. | Accommodation and associated subsistence | Accommodation and associated subsistence | |
| 7. | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | £108.15 |
SCHEDULE 10 — Amendments to schedule 3 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
| Junior Counsel | Senior Counsel | |||
|---|---|---|---|---|
| 1. | Petition for leave to appeal | Petition for leave to appeal | ||
| 1. | (a) | Drafting application for permission to appeal | £865.20 | £1,081.50 |
| 1. | (b) | Preparing respondents’ objections | £594.83 | £811.13 |
| 1. | (c) | Attending Supreme Court | £1,189.65 | 1,730.40 |
| 2. | Appeals and References | Appeals and References | ||
| 2. | (a) | Drafting Petition of appeal | £81.12 | £81.12 |
| 2. | (b) | Statement of Facts and Issues | £1,892.63 | £3,785.25 |
| 2. | (c) | Authorities | £648.90 | £1,297.80 |
| 2. | (d) | Consultations (each, up to a maximum of three) | £378.53 | £757.05 |
| 2. | (e) | Brief (based on a 1 day hearing) | £6,759.38 | £13,518.75 |
| 2. | (f) | Brief (based on a 2 day hearing) | £8,652.00 | £17,304.00 |
| 2. | (g) | Refresher (from day two of the hearing) | £1351.88 | £2,703.75 |
| 2. | (h) | Judgment | £162.23 | £162.23 |
SCHEDULE 11 — Amendments to schedule 2 of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992
| Junior with Senior | Junior alone | ||
|---|---|---|---|
| 1. | Hearing, held during the course of other proceedings, at which the person concerned is first called upon to answer to the alleged contempt. No consultation fee (paragraph 4) will be payable in these circumstances. | £34.08 | £50.30 |
| 2. | Hearing (other than described in paragraphs 1 or 3) – per day | ||
| (a) | In Edinburgh | £186.02 | £262.27 |
| (b) | In Glasgow | £220.10 | £322.84 |
| (c) | Elsewhere within 60 miles journey by road from Edinburgh | £228.20 | £330.94 |
| (d) | In Aberdeen, Inverness or Dumfries | £314.72 | £441.80 |
| (e) | Elsewhere beyond 60 miles journey by road from Edinburgh | Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph. | |
| 3. | Appeals, etc. | ||
| (a) | Drafting grounds of appeals against finding of contempt including any note of appeal | £48.14 | £68.14 |
| (b) | Hearing in appeal against a finding of contempt–per day | £186.02 | £262.27 |
| (c) | Note of adjustments to stated case | £48.14 | £68.14 |
| (d) | Hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence | £84.36 | £110.32 |
| (e) | Any appeal against sentence including fee for drafting note of appeal | £34.08 | £76.26 |
| (f) | Appeal relating to granting of bail | £25.43 | £25.43 |
| 4. | Consultations Save for in a case provided for by paragraph 1, | ||
| (a) | In Edinburgh | £59.49 | £84.36 |
| (a) | Additional fee if held in prison | £9.20 | £9.20 |
| (b) | Elsewhere within 60 miles journey by road from Edinburgh | £110.32 | £144.39 |
| (c) | In Aberdeen, Inverness or Dumfries | £220.10 | £262.27 |
| (d) | Elsewhere beyond 60 miles journey by road from Edinburgh | Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph | |
| 5. | Opinion on appeal, etc. | £50.30 | |
| 6. | Revisal of stated case | £50.30 | |
| 7. | Drafting bill of suspension | £50.30 | |
| 8. | Remits for sentence and pleas in mitigation | £50.30 | |
| CHAPTER 2 – SENIOR COUNSEL | CHAPTER 2 – SENIOR COUNSEL | CHAPTER 2 – SENIOR COUNSEL | CHAPTER 2 – SENIOR COUNSEL |
| --- | --- | --- | --- |
| 1. | Hearing, held during the course of other proceedings, at which the person concerned is called upon to answer to the contempt. No consultation fee (paragraph 4) will be payable in these circumstances. | £76.26 | |
| 2. | Hearing (other than described in paragraphs 1 or 3) – per day | ||
| (a) | In Edinburgh | £340.68 | |
| (b) | In Glasgow | £399.08 | |
| (c) | Elsewhere within 60 miles journey by road from Edinburgh | £408.28 | |
| (d) | In Aberdeen, Inverness or Dumfries | £552.12 | |
| (e) | Elsewhere beyond 60 miles journey by road from Edinburgh: | Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph | |
| 3. | Appeals, etc | ||
| (a) | Revising grounds of appeal against a finding of contempt, including any note of appeal | £93.56 | |
| (b) | Hearing in appeal against a finding of contempt – per day | £340.68 | |
| (c) | Note of adjustments to stated case | £93.56 | |
| (d) | Hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence | £169.26 | |
| (e) | Any appeal against sentence including revisal of note of appeal | £110.32 | |
| (f) | Appeal relating to grant of bail | £34.08 | |
| 4. | Consultations. Save in a case provided for by paragraph 1, | ||
| (a) | In Edinburgh | £127.62 | |
| (a) | Additional fee if held in prison | £9.20 | |
| (b) | Elsewhere within 60 miles journey by road from Edinburgh | £203.33 | |
| (c) | In Aberdeen, Inverness or Dumfries | £390.97 | |
| (d) | Elsewhere beyond 60 miles journey by road from Edinburgh | Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph | |
| 5. | Opinion on appeal | £76.26 | |
| 6. | Revisal of stated case | £76.26 | |
| 7. | Revisal of bill of suspension | £76.26 | |
| 8. | Remits for sentence and pleas in mitigation | £76.26 |
SCHEDULE 12 — Amendments to Part 1 of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
| Criminal | Civil | Children’s | |||
|---|---|---|---|---|---|
| (b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00053]— | (b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00053]— | (b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00053]— | |||
| 1.The fee for— | 1.The fee for— | 1.The fee for— | 1.The fee for— | 1.The fee for— | 1.The fee for— |
| (i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £29.65 | £35.86 | £35.86 | |
| (ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £14.83 | £17.96 | £17.96 | |
| 2.The fee for— | 2.The fee for— | 2.The fee for— | 2.The fee for— | 2.The fee for— | 2.The fee for— |
| (i) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs1 and 3 to 5 of this table, provided that any time is additional to the total time charged for under paragraph1; | £11.42 | £13.80 | £13.80 | |
| (ii) | for each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs3 to 5 of this table. | £5.69 | £6.88 | £6.88 | |
| 3.The fee for— | 3.The fee for— | 3.The fee for— | £6.49 | £7.85 | £7.85 |
| (i) | each citation of a witness including execution thereof; | ||||
| (ii) | framing and drawing precognitions and other necessary papers, subject to paragraph4(iii) below - per sheet (or part thereof); | ||||
| (iii) | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee; | ||||
| (iv) | lengthy telephone calls (of over 4 and up to 10 minutes duration); and | ||||
| (v) | letters, including instructions to counsel, subject to paragraph4(ii) below – per page (or part thereof). | ||||
| 4.The fee for— | 4.The fee for— | 4.The fee for— | £2.61 | £3.14 | £3.14 |
| (i) | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged; | ||||
| (ii) | short letters of a formal nature, intimations and letters confirming telephone calls; | ||||
| (iii) | framing formal papers, including inventories and title pages - per sheet (or part thereof); | ||||
| (iv) | revising papers drawn by counsel or where revisal ordered by court – per 5 sheets (or part thereof); and | ||||
| (v) | short telephone calls (of up to 4 minutes duration). | ||||
| 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— |
| (a) | by a solicitor; | by a solicitor; | £5.72 | £6.91 | £6.91 |
| (b) | by a solicitor’s clerk. | by a solicitor’s clerk. | £2.85 | £3.45 | £3.45 |
| 5. | 5. | 5. | 5. | 5. | 5. |
| (a) There is no fee for photocopying— | (a) There is no fee for photocopying— | (a) There is no fee for photocopying— | (a) There is no fee for photocopying— | (a) There is no fee for photocopying— | (a) There is no fee for photocopying— |
| (i) | where fewer than 20 sheets are copied at one time; | ||||
| (ii) | in relation to the first 20 sheets copied at any one time. | ||||
| (b) | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— |
| (b) | (i) | 5 pence for each sheet copied for up to 10,000 sheets; and | |||
| (b) | (ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. |
SCHEDULE 13 — Amendments to Part 2 of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
| Criminal | Civil | Children | |||||
|---|---|---|---|---|---|---|---|
| A. | Time occupied in carrying out work for the client other than work described in paragraphsB to E below— | Time occupied in carrying out work for the client other than work described in paragraphsB to E below— | Time occupied in carrying out work for the client other than work described in paragraphsB to E below— | Time occupied in carrying out work for the client other than work described in paragraphsB to E below— | |||
| A. | (i) | Solicitor – per quarter hour (or part thereof); | Solicitor – per quarter hour (or part thereof); | Solicitor – per quarter hour (or part thereof); | £12.55 | £13.80 | £13.80 |
| A. | (ii) | Solicitor’s clerk – per quarter hour (or part thereof). | Solicitor’s clerk – per quarter hour (or part thereof). | Solicitor’s clerk – per quarter hour (or part thereof). | £6.25 | £6.88 | £6.88 |
| B. | For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof). | For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof). | For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof). | For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof). | £2.86 | £3.14 | £3.14 |
| C. | For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration). | For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration). | For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration). | For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration). | £7.14 | £7.85 | £7.85 |
| D. | For taking and drawing precognitions – for the first sheet of 250 words or less. | For taking and drawing precognitions – for the first sheet of 250 words or less. | For taking and drawing precognitions – for the first sheet of 250 words or less. | For taking and drawing precognitions – for the first sheet of 250 words or less. | £25.05 | £27.59 | £27.59 |
| D. | for each subsequent sheet of 250 words. | for each subsequent sheet of 250 words. | for each subsequent sheet of 250 words. | for each subsequent sheet of 250 words. | £25.05 | £27.59 | £27.59 |
| D. | for each subsequent sheet of less than 250 words. | for each subsequent sheet of less than 250 words. | for each subsequent sheet of less than 250 words. | for each subsequent sheet of less than 250 words. | £12.55 | £13.80 | £13.80 |
| DA. | The fee for each quarter of an hour (or part thereof) spent travelling— | The fee for each quarter of an hour (or part thereof) spent travelling— | The fee for each quarter of an hour (or part thereof) spent travelling— | The fee for each quarter of an hour (or part thereof) spent travelling— | |||
| DA. | (a) | (a) | by a solicitor; | by a solicitor; | £6.28 | £6.91 | £6.91 |
| DA. | (b) | (b) | by a solicitor’s clerk. | by a solicitor’s clerk. | £3.13 | £3.45 | £3.45 |
| E. | (a) | (a) | There is no fee for photocopying— | There is no fee for photocopying— | |||
| E. | (a) | (a) | (i) | where fewer than 20 sheets are copied at one time; | |||
| E. | (a) | (a) | (ii) | in relation to the first 20 sheets copied at any one time. | |||
| E. | (b) | (b) | Subject to sub-paragraph (a), the fee for all photocopying in the matter is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter is— | |||
| E. | (b) | (b) | (i) | 5 pence for each sheet copied for up to 10,000 sheets; and | |||
| E. | (b) | (b) | (ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. |
SCHEDULE 14 — Amendments to Part 3 of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
| A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016[^f00054]. | A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016[^f00054]. | |
|---|---|---|
| 1. | Section 19 - Application for review of conditions of investigative liberation | |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing; | £54.08 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £81.12 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £54.08 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £6.28 |
| 2. | Section 30 - Application for review of undertaking conditions | |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. | £54.08 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £81.12 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £54.08 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £6.28 |
| 3. | Section 36(1)(a) – Application for authorisation for questioning by a prosecutor | |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. | £54.08 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £81.12 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £54.08 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £6.28 |
SCHEDULE 15 — Amendments to schedule 1 of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999
PART 1
| Where professional services are provided in relation to proceedings in the JP Court | Where professional services are provided in relation to proceedings in the sheriff court (other than proceedings in a Court specified in schedule 2) | Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2 | ||||
|---|---|---|---|---|---|---|
| 1. All work up to and including: | 1. All work up to and including: | 1. All work up to and including: | 1. All work up to and including: | £319.05; or | £524.53; | £578.61; or |
| (i) | (i) | (i) | any diet at which a plea of guilty is made and accepted or plea in mitigation is made; | £292.01 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £551.57 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. |
| (ii) | (ii) | (ii) | the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies; | £292.01 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £551.57 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. |
| (iii) | (iii) | (iii) | the first 30 minutes of conducting any trial; | £292.01 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £551.57 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. |
| (iiia) | (iiia) | (iiia) | a first or second diet of deferred sentence; and | £292.01 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £551.57 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. |
| (iv) | (iv) | (iv) | advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, | £292.01 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £551.57 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. |
| together with any subsequent or additional work other than that specified in paragraphs 2-13 below. | together with any subsequent or additional work other than that specified in paragraphs 2-13 below. | together with any subsequent or additional work other than that specified in paragraphs 2-13 below. | together with any subsequent or additional work other than that specified in paragraphs 2-13 below. | £292.01 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. | £551.57 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. |
| 2.All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016[^f00055]. | 2.All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016[^f00055]. | 2.All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016[^f00055]. | 2.All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016[^f00055]. | £159.53 | £262.27 | £262.27 |
| 3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. | 3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. | 3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. | 3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. | £27.04 | £54.08 | £54.08 |
| 4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). | 4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). | 4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). | 4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). | £54.08 | £108.15 | £108.15 |
| 4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings. | 4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings. | 4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings. | 4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings. | £27.04 | £54.08 | £54.08 |
| 4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence. | 4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence. | 4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence. | 4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence. | £54.08 | £108.15 | £108.15 |
| 5. Conducting a trial or proof in mitigation for the second day. | 5. Conducting a trial or proof in mitigation for the second day. | 5. Conducting a trial or proof in mitigation for the second day. | 5. Conducting a trial or proof in mitigation for the second day. | £54.08 | £216.30 | £216.30 |
| 6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). | 6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). | 6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). | 6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). | £108.15 | £432.60 | £432.60 |
| 7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence. | 7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence. | 7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence. | 7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence. | £54.08 | ||
| 8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). | 8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). | 8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). | 8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). | £216.30 | ||
| 9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). | 9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). | 9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). | 9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). | £216.30 | ||
| 10. Representation per appearance— | 10. Representation per appearance— | 10. Representation per appearance— | 10. Representation per appearance— | £27.04 | £54.08 | £54.08 |
| (a) | in a court which has been designated as a youth court by the sheriff principal; | in a court which has been designated as a youth court by the sheriff principal; | in a court which has been designated as a youth court by the sheriff principal; | |||
| (b) | in a court which has been designated as a domestic abuse court by the sheriff principal; | in a court which has been designated as a domestic abuse court by the sheriff principal; | in a court which has been designated as a domestic abuse court by the sheriff principal; | |||
| (c) | at a hearing in respect of a community supervision order | at a hearing in respect of a community supervision order | at a hearing in respect of a community supervision order | |||
| 10ZA.Representation in a court, per appearance, at a deferred sentence hearing other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence. | 10ZA.Representation in a court, per appearance, at a deferred sentence hearing other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence. | 10ZA.Representation in a court, per appearance, at a deferred sentence hearing other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence. | 10ZA.Representation in a court, per appearance, at a deferred sentence hearing other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence. | £27.04 where the hearing relates to one complaint; or £40.57 where the hearing relates to more than one complaint | £54.08 where the hearing relates to one complaint; or £81.12 where the hearing relates to more than one complaint | £54.08 where the hearing relates to one complaint; or £81.12 where the hearing relates to more than one complaint |
| 10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | 10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | 10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | 10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | £27.04 | £27.04 | £27.04 |
| 11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid. | 11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid. | 11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid. | 11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid. | £27.04 | £27.04 | £27.04 |
| 12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. | 12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. | 12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. | 12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. | £27.04 | £27.04 | £27.04 |
| 13. (a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) or (c) below. | 13. (a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) or (c) below. | 13. (a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) or (c) below. | 13. (a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) or (c) below. | £54.08 | £54.08 | £54.08 |
| (b) | (b) | Representation in such an appeal where counsel not employed. | Representation in such an appeal where counsel not employed. | £32.45 | £32.45 | £32.45 |
| (c) | (c) | Representation at a continued diet in such an appeal where counsel not employed. | Representation at a continued diet in such an appeal where counsel not employed. | £32.45 | £32.45 | £32.45 |
PART 2
| Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the sheriff principal | |
|---|---|
| 1. All work done under section 22 (1)(c) of the Act up to and including the first appearance of an assisted person. | £108.15 |
| 2. All work done (other than work done in terms of paragraph 1) in connection with any appearance of an assisted person (per appearance). | £54.08 |
SCHEDULE 16 — Amendments to schedule 1A of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999
| Where professional services are provided in relation to proceedings in the sheriff court | Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2 | ||
|---|---|---|---|
| 1. All work up to and including— | 1. All work up to and including— | £524.53; or | £524.53; or |
| 1. All work up to and including— | 1. All work up to and including— | £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1. | £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1. |
| (a) | any diet at which a plea of guilty is made and accepted or a plea in mitigation is made; | ||
| (b) | the first 30 minutes of conducting any trial; | ||
| (c) | a first or second diet of deferred sentence; and | ||
| (d) | advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, | ||
| together with any subsequent or additional work other than that of the kind specified in paragraphs 10 to 13 of Part 1 of schedule 1. | together with any subsequent or additional work other than that of the kind specified in paragraphs 10 to 13 of Part 1 of schedule 1. | ||
| 2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016[^f00056]. | 2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016[^f00056]. | £262.27 | £262.27 |
SCHEDULE 17 — Amendments to schedule 1B of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999
PART 1
| Where professional services are provided in relation to proceedings in the JP court | Where professional services are provided in relation to proceedings in the sheriff court | |||
|---|---|---|---|---|
| 1. All work up to and including— | 1. All work up to and including— | 1. All work up to and including— | £524.53 | |
| (a) | any diet at which a plea of guilty is made and accepted or plea in mitigation is made; | any diet at which a plea of guilty is made and accepted or plea in mitigation is made; | ||
| (b) | the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies; | the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies; | ||
| (c) | a first or second diet of deferred sentence; and | a first or second diet of deferred sentence; and | ||
| (d) | advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, | advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, | ||
| together with any subsequent or additional work other than that specified in paragraphs 8, 8A, 9 and 10 below. | together with any subsequent or additional work other than that specified in paragraphs 8, 8A, 9 and 10 below. | together with any subsequent or additional work other than that specified in paragraphs 8, 8A, 9 and 10 below. | ||
| 2. All work prior to, and attendance at— | 2. All work prior to, and attendance at— | 2. All work prior to, and attendance at— | £162.23 | |
| (a) | (a) | any diet at which a plea to the competency or relevancy of the complaint or proceedings, or a plea in bar of trial, is tendered; | ||
| (b) | (b) | any diet at which a question within the meaning of Rule 31.1 of the Act of Adjournal (Criminal Procedure Rules) 1996[^f00057] is raised; | ||
| (c) | (c) | any diet from or to which the case has been adjourned under section 145 of the 1995 Act (including preparation for such a diet where the diet has not subsequently taken place); | ||
| (d) | (d) | any diet at which there is tendered a plea of guilty or a plea in mitigation is made; | ||
| (e) | (e) | any diet at which the court is considering the accused’s plea of guilty to the charges and where there has been no change of plea; and | ||
| (f) | (f) | any diet at which the court is considering the accused’s change to plea of guilty to the charges, and where no application for criminal legal aid has been made, | ||
| together with— | together with— | together with— | ||
| (i) | (i) | the first 30 minutes of conducting a proof in mitigation; | ||
| (ii) | (ii) | a first or second diet of deferred sentence; | ||
| (iii) | (iii) | any subsequent or additional work other than that specified in paragraphs 4 and 8 to 13 below. | ||
| 3. All work mentioned in paragraph 1 or 2 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. | 3. All work mentioned in paragraph 1 or 2 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. | 3. All work mentioned in paragraph 1 or 2 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. | £162.23 | £262.27 |
| 4. Conducting a proof in mitigation for the first day (after the first 30 minutes). | 4. Conducting a proof in mitigation for the first day (after the first 30 minutes). | 4. Conducting a proof in mitigation for the first day (after the first 30 minutes). | £54.08 | |
| 8. Representation, per appearance— | 8. Representation, per appearance— | 8. Representation, per appearance— | £27.04 | £54.08 |
| (a) | in a court which has been designated as a youth court by the sheriff principal; | in a court which has been designated as a youth court by the sheriff principal; | ||
| (b) | in a court which has been designated as a domestic abuse court by the sheriff principal; | in a court which has been designated as a domestic abuse court by the sheriff principal; | ||
| (c) | at a hearing in respect of a community supervision order. | at a hearing in respect of a community supervision order. | ||
| 8A. Representation in court, per appearance, at a deferred sentence hearing, other than where a fee is payable by virtue of paragraph 1(c) or paragraph 2(f)(ii) in respect of a first or second diet of deferred sentence. | 8A. Representation in court, per appearance, at a deferred sentence hearing, other than where a fee is payable by virtue of paragraph 1(c) or paragraph 2(f)(ii) in respect of a first or second diet of deferred sentence. | 8A. Representation in court, per appearance, at a deferred sentence hearing, other than where a fee is payable by virtue of paragraph 1(c) or paragraph 2(f)(ii) in respect of a first or second diet of deferred sentence. | £27.04 where the hearing relates to one complaint; or £40.57 where the hearing relates to more than one complaint | £54.08 where the hearing relates to one complaint; or £81.12 where the hearing relates to more than one complaint |
| 9. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | 9. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | 9. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | £27.04 | £27.04 |
| 10. All work done in connection with a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act. | 10. All work done in connection with a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act. | 10. All work done in connection with a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act. | £54.08 | £54.08 |
| 12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). | 12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). | 12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). | £162.23 | |
| 13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). | 13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). | 13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). | £54.08 |
PART 2
| Where professional services are provided in relation to proceedings in a sheriff court which has been designated by a drug court by the sheriff principal | |
|---|---|
| 1. All work done in connection with any appearance of an assistance person (per appearance). | £54.08 |
Signed
HUMZA YOUSAF — A member of the Scottish Government — 28th January 2021
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations amend the following instruments made under the Legal Aid (Scotland) Act 1986:
- the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (“the 1989 Civil Regulations”),
- the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (“the 1989 Criminal Regulations”),
- the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992,
- the Advice and Assistance (Scotland) Regulations 1996,
- the Criminal Legal Aid Fixed Payments (Scotland) Regulations 1999 (“the 1999 Fixed Payment Regulations”).
Regulation 2 provides that—
- except in relation to the amendments made by regulation 4(4) and (9), regulation 6(4) and (6), and regulation 7, the amendments in these Regulations apply only to fees for work done or outlays incurred type=start slip=2021-04-01 time=1619181909144on or after the 22 March 2021.type=end slip=2021-04-01 time=1619181909144 Where work which qualifies for a fee prescribed under these Regulations is conducted over more than one date, the work is deemed to have been done on the day on which the work comes to an end,
- the amendments in regulation 4(4) (additional fees) apply to criminal appeal proceedings commenced on or after 22 March 2021,
- the amendments in regulation 4(9) (continuity of counsel representation) apply to criminal trials commenced on or after 22 March 2021, and
- the amendments in regulation 6(4) and (6) (assistance by way of representation) and regulation 7 (fixed payments) apply only in relation to a case where the criminal legal assistance concerned is granted or made available on or after 22 March 2021.
Regulations 3 to 7 make amendments to the above instruments to increase fees and outlays for legal aid and advice and assistance by 5%.
Regulation 4(4) inserts a new regulation 10ZA into the 1989 Criminal Regulations which provides that counsel may be paid an additional fee for preparation of the note of appeal, and where applicable counsel’s opinion on the merits of an appeal, for the purposes of proceedings under section 107 of the Criminal Procedure (Scotland) Act 1995. The additional fee can only be paid where the Scottish Legal Aid Board determines that an assisted person would otherwise be likely to be deprived of effective legal assistance as a result of the amount of fees payable to counsel.
Regulation 4(9) amends schedule 2 of the 1989 Criminal Regulations to provide that during a trial diet where a leading junior counsel, upon the unavailability of junior counsel being led, has sought and been granted leave of the court to continue alone may continue to be paid as leading junior counsel.
Minor textual amendments are also included in schedules 3, 6 and 7 to amend the wording in the fee tables in the 1989 Civil Regulations, and in schedule 7 to amend the wording in one of the fee tables in the 1999 Fixed Payment Regulations, in order to correct errors or clarify the meaning of existing provisions.
A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrew’s House, Edinburgh EH1 3DG, and online at www.legislation.gov.uk.
Footnotes
[^f00001]: 1986 c.47. Section 33(2) of the 1986 Act was amended by section 67(7)(b) of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
[^f00002]: 1995 c.46. Section 107 was amended by paragraph 21(15) of schedule 1 of the Crime and Punishment (Scotland) Act 1997 c.48, section 62 of the Criminal Justice (Scotland) Act 2003 (asp 7), paragraph 16 of schedule 1 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) and paragraph 8 of schedule 1 of the Double Jeopardy (Scotland) Act 2011 (asp 16).
[^f00003]: S.I. 1989/1490; relevant amending instruments are S.I. 1990/473, S.I. 1991/565, S.I. 1992/372, S.I. 1994/1015, S.I. 1995/1044, S.I. 1997/689, S.S.I. 2003/178, S.S.I. 2007/14, S.S.I. 2009/203, S.S.I. 2011/41, S.S.I. 2011/160, S.S.I. 2013/144, S.S.I. 2013/250, S.S.I. 2014/257, S.S.I. 2015/337, S.S.I. 2015/380, S.S.I. 2016/257, S.S.I. 2016/290, S.S.I. 2017/310 and S.S.I 2019/78 and S.S.I. 2020/191. Regulation 11 was modified by paragraph 23 of schedule 4 of the Coronavirus (Scotland) Act 2020 (asp 7).
[^f00004]: Paragraph (2A) was inserted by S.S.I. 2003/178 and this figure substituted by S.S.I. 2019/78.
[^f00005]: Schedule 2A was inserted by S.S.I. 2016/290 and amended by S.S.I. 2019/78.
[^f00006]: Schedule 4 was inserted and renamed by S.S.I 2011/160, renamed by S.S.I. 2016/257 and amended by S.S.I. 2019/78.
[^f00007]: Schedule 5 was inserted by S.S.I. 2003/178 and renamed by S.S.I. 2016/257.
[^f00008]: This figure substituted by S.S.I. 2019/78.
[^f00009]: Paragraph 21 was inserted by S.S.I 2003/178 and this figure substituted by S.S.I. 2019/78.
[^f00010]: S.I. 1989/1491; relevant amending instruments are S.I. 1991/566, S.I. 1992/374, S.S.I. 2004/264, S.S.I. 2005/113, S.S.I. 2005/584, S.S.I. 2005/656, S.S.I. 2007/180, S.S.I. 2008/240, S.S.I. 2009/312, S.S.I. 2010/63, S.S.I. 2010/212, S.S.I. 2011/41, S.S.I. 2011/135, S.S.I. 2012/276, S.I. 2013/7, S.S.I. 2013/250, S.S.I. 2013/320, S.S.I. 2015/337 and S.S.I. 2017/466, S.S.I 2019/78 and S.S.I. 2020/191.
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.