Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022

Type Scottish-Statutory-Instrument

Publication 2022-01-26

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

SCHEDULE 8 — Amendments to schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

PART 1 — DETAILED FEES

						*Summary Procedure*	*Solemn Procedure*
1.	In connection with the conduct of a hearing—	In connection with the conduct of a hearing—	In connection with the conduct of a hearing—	In connection with the conduct of a hearing—	In connection with the conduct of a hearing—
1.	(a)	(a)	in summary proceedings, the fee for—	in summary proceedings, the fee for—	in summary proceedings, the fee for—
1.	(a)	(a)	(i)	any time up to the first half hour spent by a solicitor conducting the hearing	any time up to the first half hour spent by a solicitor conducting the hearing	£31.14
1.	(a)	(a)	(ii)	each quarter hour spent, subsequent to the first half hour, conducting the hearing	each quarter hour spent, subsequent to the first half hour, conducting the hearing	£15.58
1.	(b)	(b)	in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing	in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing	in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing		£20.79
1A.	Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination.	Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination.	Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination.	Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination.	Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination.	£80.00	£80.00
2.	The fee for any of the following:—	The fee for any of the following:—	The fee for any of the following:—	The fee for any of the following:—	The fee for any of the following:—	£6.82	£7.90
2.	(a)	(a)	each citation of a witness, including execution;	each citation of a witness, including execution;	each citation of a witness, including execution;
2.	(b)	(b)	framing and drawing necessary papers other than those referred to in paragraph 3(c);	framing and drawing necessary papers other than those referred to in paragraph 3(c);	framing and drawing necessary papers other than those referred to in paragraph 3(c);
2.	(c)	(c)	instructing messengers at arms and sheriff officers, including examining execution and settling fee;	instructing messengers at arms and sheriff officers, including examining execution and settling fee;	instructing messengers at arms and sheriff officers, including examining execution and settling fee;
2.	(d)	(d)	lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and	lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and	lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and
2.	(e)	(e)	letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).	letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).	letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3.	The fee for any of the following:—	The fee for any of the following:—	The fee for any of the following:—	The fee for any of the following:—	The fee for any of the following:—	£2.75	£3.14
3.	(a)	(a)	attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;	attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;	attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;
3.	(b)	(b)	short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;	short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;	short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;
3.	(c)	(c)	framing formal papers, including inventories and title pages, per sheet (or part thereof);	framing formal papers, including inventories and title pages, per sheet (or part thereof);	framing formal papers, including inventories and title pages, per sheet (or part thereof);
3.	(d)	(d)	revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and	revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and	revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and
3.	(e)	(e)	subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.	subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.	subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
4.	In connection with taking a precognition in relation to solemn proceedings—	In connection with taking a precognition in relation to solemn proceedings—	In connection with taking a precognition in relation to solemn proceedings—	In connection with taking a precognition in relation to solemn proceedings—	In connection with taking a precognition in relation to solemn proceedings—
4.	(a)	(a)	subject to paragraph7 of the notes on the operation of schedule1, the fee for each hour (or part thereof) spent—	subject to paragraph7 of the notes on the operation of schedule1, the fee for each hour (or part thereof) spent—	subject to paragraph7 of the notes on the operation of schedule1, the fee for each hour (or part thereof) spent—
4.	(a)	(a)	(i)	(i)	travelling		£13.13
4.	(a)	(a)	(ii)	(ii)	taking a statement		£13.13
4.	(b)	(b)	the fee for—	the fee for—	the fee for—
4.	(b)	(b)	(i)	(i)	framing the precognition, per sheet		£2.75
4.	(b)	(b)	(ii)	(ii)	each letter making arrangements for taking a statement		£1.66
4.	(b)	(b)	(iii)	(iii)	a telephone call, of any duration		£1.09
5.	There is no fee for photocopying—	There is no fee for photocopying—	There is no fee for photocopying—	There is no fee for photocopying—	There is no fee for photocopying—
5.	(a)	(a)	where fewer than 20 sheets are copied at any one time;	where fewer than 20 sheets are copied at any one time;	where fewer than 20 sheets are copied at any one time;
5.	(b)	(b)	in relation to the first 20 sheets copied at any one time.	in relation to the first 20 sheets copied at any one time.	in relation to the first 20 sheets copied at any one time.
5.	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—
5.	(a)	(a)	for each sheet copied for up to 10,000 sheets	for each sheet copied for up to 10,000 sheets	for each sheet copied for up to 10,000 sheets	£0.05	£0.05
5.	(b)	(b)	for each sheet copied in addition to the first 10,000 sheets	for each sheet copied in addition to the first 10,000 sheets	for each sheet copied in addition to the first 10,000 sheets	£0.01	£0.01
5A.	The fee for each quarter of an hour spent travelling—	The fee for each quarter of an hour spent travelling—	The fee for each quarter of an hour spent travelling—	The fee for each quarter of an hour spent travelling—	The fee for each quarter of an hour spent travelling—
5A.	(a)	(a)	by a solicitor	by a solicitor	by a solicitor	£6.01	£6.95
5A.	(b)	(b)	by a solicitor’s clerk	by a solicitor’s clerk	by a solicitor’s clerk	£3.00	£3.48
6.	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—
6.	(a)	by a solicitor, provided the time is additional to the total time charged for under paragraph 1	by a solicitor, provided the time is additional to the total time charged for under paragraph 1	by a solicitor, provided the time is additional to the total time charged for under paragraph 1	by a solicitor, provided the time is additional to the total time charged for under paragraph 1	£12.00	£13.86
6.	(b)	by a solicitor’s clerk	by a solicitor’s clerk	by a solicitor’s clerk	by a solicitor’s clerk	£5.98	£6.95

PART 2 — INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS

			*Column A*	*Column B*	*Column C*
1.The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where—	1.The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where—	1.The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where—
(a)	at the first examination the client is either—	at the first examination the client is either—
(a)	(i)	not committed for further examination; or	£172.61	£151.04	£64.74
(a)	(ii)	committed for further examination and admitted to bail.
(b)	at the first examination the client is committed for further examination and not admitted to bail.	at the first examination the client is committed for further examination and not admitted to bail.	£258.92	£237.35	£151.04
2.The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents	2.The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents	2.The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents	£64.74	£64.74	£64.74
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case	3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case	3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case	£496.26	£345.22	£172.61
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–	4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–	4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–
(a)	the first day of trial	the first day of trial	£453.10	£323.65	£172.61
(b)	a subsequent day of trial	a subsequent day of trial	£172.61	£129.47	£43.16
4A. The fee for preparation for	4A. The fee for preparation for	4A. The fee for preparation for	£43.16	£43.16	£43.16
(a)	a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty);	a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty);
(b)	a hearing on a plea in bar of trial;	a hearing on a plea in bar of trial;
(c)	a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.	a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.
5.The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal	5.The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal	5.The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal	£201.01	£201.01	£114.71
6.Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–	6.Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–	6.Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–	£172.61	£172.61	£172.61
(a)	a devolution issue, in terms of Schedule 6 to the Scotland Act 1998;	a devolution issue, in terms of Schedule 6 to the Scotland Act 1998;
(ab)	a compatibility issue in terms of section 288ZA[^f00030] of the 1995 Act;	a compatibility issue in terms of section 288ZA[^f00030] of the 1995 Act;
(b)	a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;	a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
(c)	a specification of documents;	a specification of documents;
(d)	a precognition on oath;	a precognition on oath;
(e)	an evidence on commission;	an evidence on commission;
(f)	an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;	an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
(g)	a proof in mitigation; and	a proof in mitigation; and
(h)	an examination of facts.	an examination of facts.

SCHEDULE 9 — Amendments to schedule 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

PART 1 FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY	PART 1 FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY	PART 1 FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY	PART 1 FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY	PART 1 FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY	PART 1 FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY
CHAPTER 1 JUNIOR COUNSEL	CHAPTER 1 JUNIOR COUNSEL	CHAPTER 1 JUNIOR COUNSEL	CHAPTER 1 JUNIOR COUNSEL	CHAPTER 1 JUNIOR COUNSEL	CHAPTER 1 JUNIOR COUNSEL
1A.	Written Work	Written Work
(a)	Petition to Nobile Officium	Petition to Nobile Officium	£255.51	£255.51	£255.51
(b)	Drafting devolution or compatibility minute	Drafting devolution or compatibility minute	£170.35	£170.35	£170.35
(c)	Drafting section 275 application under the 1995 Act	Drafting section 275 application under the 1995 Act	£170.35	£170.35	£170.35
(d)	Drafting specification of documents	Drafting specification of documents	£141.95	£141.95	£141.95
(e)	Drafting interrogatories	Drafting interrogatories	£141.95	£141.95	£141.95
(f)	Drafting defence statement under section 70A[^f00031] of the 1995 Act or section 125 of the 2010 Act	Drafting defence statement under section 70A[^f00031] of the 1995 Act or section 125 of the 2010 Act	£141.95	£141.95	£141.95
1B.	Preliminary Hearing	Preliminary Hearing
(a)	Preliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence.	Preliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence.	Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.	Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.	Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(aa)	Preliminary hearing, adjourned or continued in which witnesses called to give evidence.	Preliminary hearing, adjourned or continued in which witnesses called to give evidence.	Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(b)	Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.	Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.	Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.	Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.	Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(c)	Adjourned diet under section 75A[^f00032] of the 1995 Act, or continued diet.	Adjourned diet under section 75A[^f00032] of the 1995 Act, or continued diet.	Payable at one-half of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.	Payable at one-half of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.	Payable at one-half of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(d)	Attendance at a managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing.	Attendance at a managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing.	Payable at one-half of the fee prescribed at paragraph 1B(a) above.	Payable at one-half of the fee prescribed at paragraph 1B(a) above.	Payable at one-half of the fee prescribed at paragraph 1B(a) above.
(e)	Conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.	Conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.	Payable at one-half of the fee prescribed at paragraph 1B(a) above.	Payable at one-half of the fee prescribed at paragraph 1B(a) above.	Payable at one-half of the fee prescribed at paragraph 1B(a) above.
(e)			Junior as leader	Junior alone	Junior with leader
2.	Early Plea	Early Plea
2.	Hearing under section 76 of the 1995 Act.	Hearing under section 76 of the 1995 Act.	£1,419.48	£1,419.48	£709.74
3.	Trial per day Category Charges Prosecuted in the High Court.	Trial per day Category Charges Prosecuted in the High Court.
(a)	Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, 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[^f00033], sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering)[^f00034], Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B[^f00035] of the 1988 Act, Section 3ZB[^f00036] of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act.	Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, 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[^f00033], sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering)[^f00034], Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B[^f00035] of the 1988 Act, Section 3ZB[^f00036] of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act.	£851.69	£738.13	£511.02
(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, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971[^f00037], Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982[^f00038], Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937[^f00039], all offences under the 2009 Act not otherwise prescribed in this Table of Fees.	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, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971[^f00037], Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982[^f00038], Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937[^f00039], all offences under the 2009 Act not otherwise prescribed in this Table of Fees.	£701.24	£607.55	£425.85
(c)	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, Mobbing, 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 of 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, Robbery, Breach of the peace.	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, Mobbing, 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 of 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, Robbery, Breach of the peace.	£562.12	£488.31	£346.36
4.	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	£408.81	£357.72	£255.51
(aa)	judicial examination	judicial examination	£408.81	£357.72	£255.51
(b)	preliminary diet	preliminary diet	£408.81	£357.72	£255.51
(c)	hearing under section 275 of the 1995 Act	hearing under section 275 of the 1995 Act	£408.81	£357.72	£255.51
(d)	hearing on specification of documents	hearing on specification of documents	£408.81	£357.72	£255.51
(e)	hearing on a devolution or compatibility minute	hearing on a devolution or compatibility minute	£408.81	£357.72	£255.51
(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	£408.81	£357.72	£255.51
(g)	hearing under section 72 of the 1995 Act	hearing under section 72 of the 1995 Act	£204.41	£178.87	£127.77
(h)	hearing on a motion to adjourn	hearing on a motion to adjourn	£204.41	£178.87	£127.77
(i)	hearing on an application for special measures	hearing on an application for special measures	£204.41	£178.87	£127.77
(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 3(a)	£851.69	£738.13	£511.02
(j)	(ii)	paragraph 3(b)	£701.24	£607.55	£425.85
(j)	(iii)	paragraph 3(c)	£562.12	£488.31	£346.36
(k)	confiscation diet where no substantial evidence is led	confiscation diet where no substantial evidence is led	£408.81	£357.72	£255.51
(l)	deferred sentence where mitigation is led	deferred sentence where mitigation is led	£408.81	£357.72	£255.51
(m)	deferred sentence where no mitigation is led	deferred sentence where no mitigation is led	£204.41	£178.87	£127.77
(n)	remit for sentence	remit for sentence	£408.81	£357.72	£255.51
(na)	drug treatment and testing order review	drug treatment and testing order review	£204.41	£178.87	£127.77
(nb)	drug treatment and testing order review where mitigation led and order revoked	drug treatment and testing order review where mitigation led and order revoked	£408.81	£357.72	£255.51
(o)	adjourned trial diet	adjourned trial diet	£204.41	£178.87	£127.77
(p)	adjourned trial diet (trial having commenced)	adjourned trial diet (trial having commenced)	£408.81	£357.72	£255.51
(pa)	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	£408.81	£357.72	£255.51
(q)	trial within a trial	trial within a trial	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(qa)	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 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(r)	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 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(s)	proof in mitigation	proof in mitigation	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(t)	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 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
5.	Fee for consultations, accused and counsel meetings and locus visits	Fee for consultations, accused and counsel meetings and locus visits	£238.48	£208.95	£153.32
5A.	Fee for abortive consultation	Fee for abortive consultation	£119.24	£104.48	£76.67
6.	Fee for a necessary Note	Fee for a necessary Note	£56.79	£56.79	£56.79
7.	Travel	Travel
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	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	£113.56	£113.56	£113.56
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	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland	£227.12	£227.12	£227.12
8.	Accommodation and associated subsistence	Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day	Payment of necessary accommodation and associated subsistence per day	Payment of necessary accommodation and associated subsistence per day	£113.56	£113.56	£113.56

CHAPTER 2 — SENIOR COUNSEL

PART 2 — FEES OF COUNSEL IN APPEAL PROCEEDINGS

CHAPTER 1 — JUNIOR COUNSEL

					*Junior as Leader*	*Junior Alone*	*Junior with Leader*
1. Appeal against Sentence	1. Appeal against Sentence	1. Appeal against Sentence	1. Appeal against Sentence	1. Appeal against Sentence
(a)	drafting Grounds or Note of Appeal against sentence	drafting Grounds or Note of Appeal against sentence	drafting Grounds or Note of Appeal against sentence	drafting Grounds or Note of Appeal against sentence	£93.13	£93.13	£93.13
(b)	written Submissions in Appeal against Sentence	written Submissions in Appeal against Sentence	written Submissions in Appeal against Sentence	written Submissions in Appeal against Sentence	£141.95	£113.56	£85.18
(c)	any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal	any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal	any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal	any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal	£228.26	£170.35	£127.19
(d)	any hearing on appeal against sentence, including any consultation on the day of the appeal	any hearing on appeal against sentence, including any consultation on the day of the appeal	any hearing on appeal against sentence, including any consultation on the day of the appeal	any hearing on appeal against sentence, including any consultation on the day of the appeal	£228.26	£170.35	£127.19
(e)	opinion (or note) on appeal against sentence (where not otherwise prescribed)	opinion (or note) on appeal against sentence (where not otherwise prescribed)	opinion (or note) on appeal against sentence (where not otherwise prescribed)	opinion (or note) on appeal against sentence (where not otherwise prescribed)	£85.18	£85.18	£85.18
2.	Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case	Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case	Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case	Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case
2.	(a)	drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case	drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case	drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case	£96.53–£302.07	£93.13–£227.12	£85.18–£170.35
2.	(b)	appearance at any hearing on Stated Case, Bill of Suspension or Advocation	appearance at any hearing on Stated Case, Bill of Suspension or Advocation	appearance at any hearing on Stated Case, Bill of Suspension or Advocation	£380.43	£283.90	£212.37
2.	(c)	opinion	opinion	opinion	£141.95	£141.95	£141.95
3.	Appeal against Conviction or Conviction and Sentence	Appeal against Conviction or Conviction and Sentence	Appeal against Conviction or Conviction and Sentence	Appeal against Conviction or Conviction and Sentence
3.	(a)	drafting Grounds of Appeal against conviction or conviction and sentence	drafting Grounds of Appeal against conviction or conviction and sentence	drafting Grounds of Appeal against conviction or conviction and sentence	£283.90–£476.95	£227.12–£397.46	£158.99–£340.68
3.	(b)	written Submissions in Appeal against conviction or conviction and sentence	written Submissions in Appeal against conviction or conviction and sentence	written Submissions in Appeal against conviction or conviction and sentence	£283.90–£476.96	£227.12–£397.46	£158.99–£340.68
3.	(d)	Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply)	Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply)	Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply)	£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
3.	(da)	Hearing on appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 applies)-	Hearing on appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 applies)-	Hearing on appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 applies)-
3.	(da)	(i)	Where the hearing lasts fewer than 3 hours	Where the hearing lasts fewer than 3 hours	£448.56	£397.46	£283.90
3.	(da)	(ii)	Where the hearing lasts more than 3 hours, but fewer than 6 hours	Where the hearing lasts more than 3 hours, but fewer than 6 hours	£530.33–£824.43	£379.30–£624.58	£303.21–£473.54
3.	(da)	(iii)	Where the hearing last 6 hours or more	Where the hearing last 6 hours or more
3.	(da)	(iii)	(aa)	for each 6 hour period	£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
3.	(da)	(iii)	(ab)	for any remaining period of fewer than 3 hours	£448.56	£397.46	£283.90
3.	(da)	(iii)	(ac)	for any remaining period of more than 3 hours	£530.33–£824.43	£379.30–£624.58	£303.21–£473.54
3.	(e)	opinion	opinion	opinion	£283.90–£454.23	£227.12–£397.46	£158.99–£340.68
4.	Appeal Hearing before a Full Bench (5 or more Judges)	Appeal Hearing before a Full Bench (5 or more Judges)	Appeal Hearing before a Full Bench (5 or more Judges)	Appeal Hearing before a Full Bench (5 or more Judges)	£1,476.25	£1,135.58	£851.69
5.	Appeals in relation to Bail or Interim Liberation	Appeals in relation to Bail or Interim Liberation	Appeals in relation to Bail or Interim Liberation	Appeals in relation to Bail or Interim Liberation
5.	(a)	all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below	all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below	all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below	£34.08	£34.08	£34.08
5.	(ab)	all work in connection with a continued diet in relation to such an appeal	all work in connection with a continued diet in relation to such an appeal	all work in connection with a continued diet in relation to such an appeal	£34.08	£34.08	£34.08
5.	(b)	all work in connection with an application for interim liberation before 3 judges	all work in connection with an application for interim liberation before 3 judges	all work in connection with an application for interim liberation before 3 judges	£158.99	£113.56	£85.18
6.	Appeals Conduct Other	Appeals Conduct Other	Appeals Conduct Other	Appeals Conduct Other
6.	(a)	hearing on petition to the Nobile Officium	hearing on petition to the Nobile Officium	hearing on petition to the Nobile Officium	£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
6.	(b)	reference to the High Court (devolution issue)	reference to the High Court (devolution issue)	reference to the High Court (devolution issue)	£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
6.	(c)	Appeal arising from pre-trial or continuing trial hearing	Appeal arising from pre-trial or continuing trial hearing	Appeal arising from pre-trial or continuing trial hearing	£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
6.	(ca)	Appeal from the Sheriff Appeal Court to the High Court under section 194ZB[^f00046] of the 1995 Act	Appeal from the Sheriff Appeal Court to the High Court under section 194ZB[^f00046] of the 1995 Act	Appeal from the Sheriff Appeal Court to the High Court under section 194ZB[^f00046] of the 1995 Act	£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
6.	(cb)	referral from the Sheriff Appeal Court to the High Court under section 175A[^f00047] of the 1995 Act	referral from the Sheriff Appeal Court to the High Court under section 175A[^f00047] of the 1995 Act	referral from the Sheriff Appeal Court to the High Court under section 175A[^f00047] of the 1995 Act	£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
6.	(d)	opinion	opinion	opinion	£283.90–£454.23	£227.12–£397.46	£158.99–£340.68
6A.	Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2—	Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2—	Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2—	Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2—
6A.	(a)	applies	applies	applies	£408.81	£357.72	£255.51
6A.	(b)	does not apply	does not apply	does not apply	£170.35	£170.35	£170.35
7.	Appeals Written Work Other	Appeals Written Work Other	Appeals Written Work Other	Appeals Written Work Other
7.	(a)	drafting Devolution or compatibility Minute	drafting Devolution or compatibility Minute	drafting Devolution or compatibility Minute	£170.35	£170.35	£170.35
7.	(b)	drafting Petition to the Nobile Officium	drafting Petition to the Nobile Officium	drafting Petition to the Nobile Officium	£255.51	£255.51	£255.51
7.	(c)	opinion in connection with an application under section 94(2A) of the 1995 Act[^f00048] (transcripts of record and documentary productions)	opinion in connection with an application under section 94(2A) of the 1995 Act[^f00048] (transcripts of record and documentary productions)	opinion in connection with an application under section 94(2A) of the 1995 Act[^f00048] (transcripts of record and documentary productions)	£56.79	£56.79	£56.79
8.	Consultations	Consultations	Consultations	Consultations	£238.48	£208.95	£153.32
9.	Travel	Travel	Travel	Travel
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	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	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	£113.56	£113.56	£113.56
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	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	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland	£227.12	£227.12	£227.12
10.	Accommodation and associated subsistence	Accommodation and associated subsistence	Accommodation and associated subsistence	Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day	Payment of necessary accommodation and associated subsistence per day	Payment of necessary accommodation and associated subsistence per day	Payment of necessary accommodation and associated subsistence per day	Payment of necessary accommodation and associated subsistence per day	£113.56	£113.56	£113.56
11.	Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case	Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case	Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case	Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case	£283.90–£908.46	£227.12–£794.91	£158.99–£681.35

CHAPTER 2 — SENIOR COUNSEL

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.

1.	The fee for—	The fee for—	The fee for—
1.	(a)	any time up to the first half hour spent by a solicitor conducting a proof or hearing	any time up to the first half hour spent by a solicitor conducting a proof or hearing	£42.69
1.	(b)	each quarter hour (or part thereof) subsequent to the first half hour	each quarter hour (or part thereof) subsequent to the first half hour	£21.35
2.	The fee for—	The fee for—	The fee for—
2.	(a)	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1	£16.51
2.	(b)	each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table	each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table	£8.16
3.	The fee for—	The fee for—	The fee for—
3.	framing affidavits – per sheet (or part thereof)	framing affidavits – per sheet (or part thereof)	framing affidavits – per sheet (or part thereof)	£13.99
4.	The fee for—	The fee for—	The fee for—
4.	(a)	framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof)	framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof)
4.	(b)	each citation of a party, witness or haver including execution thereof	each citation of a party, witness or haver including execution thereof
4.	(c)	instructing messengers-at-arms and sheriff officers, including examining execution and settling fee	instructing messengers-at-arms and sheriff officers, including examining execution and settling fee
4.	(d)	agency accepting service or any writ	agency accepting service or any writ
4.	(e)	lodging first step of process	lodging first step of process
4.	(f)	lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)	lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
4.	(g)	letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below	letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below
4.	(h)	perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter—	perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter—
4.	Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above	Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above	Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
4.	in each of sub-paragraphs (a) to (h)	in each of sub-paragraphs (a) to (h)	in each of sub-paragraphs (a) to (h)	£9.42
5.	The fee for—	The fee for—	The fee for—
5.	(a)	attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged	attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
5.	(b)	Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof)	Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof)
5.	(c)	framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)	framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
5.	(d)	certifying or signing a document	certifying or signing a document
5.	(e)	short telephone calls (of up to 4 minutes duration)	short telephone calls (of up to 4 minutes duration)
5.	(f)	short letters of a formal nature, intimations, and letters confirming telephone calls	short letters of a formal nature, intimations, and letters confirming telephone calls
5.	in each of sub-paragraphs (a) to (f)	in each of sub-paragraphs (a) to (f)	in each of sub-paragraphs (a) to (f)	£3.71
5A.	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—
5A.	(a)	by a solicitor	by a solicitor	£8.27
5A.	(b)	by a solicitor’s clerk	by a solicitor’s clerk	£4.09
6.	(a)	There is no fee for photocopying—	There is no fee for photocopying—
6.	(a)	(i)	where fewer than 20 sheets are copied at any one time
6.	(a)	(ii)	in relation to the first 20 sheets copied at any one time
6.	(b)	Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—	Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—
6.	(b)	(i)	for each sheet copied for up to 10,000 sheets	£0.05
6.	(b)	(ii)	for each sheet copied in addition to the first 10,000 sheets	£0.01