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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
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articles Not indexed
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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— £550.76
(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— £170.35
(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[^f00059] 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. £170.35 £275.39
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). £56.79
8. Representation, per appearance— 8. Representation, per appearance— 8. Representation, per appearance— £28.40 £56.79
(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. £28.40 where the hearing relates to one complaint; or £42.60 where the hearing relates to more than one complaint £56.79 where the hearing relates to one complaint; or £85.18 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). £28.40 £28.40
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. £56.79 £56.79
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). £170.35
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). £56.79
14. Supplementary fee, payable in addition to any fees under paragraphs 1-13, 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. 14. Supplementary fee, payable in addition to any fees under paragraphs 1-13, 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. 14. Supplementary fee, payable in addition to any fees under paragraphs 1-13, 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. £80.00 £80.00

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). £56.79
2.Supplementary fee, payable in addition to any fees 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. £80.00

Signed

ASH REGAN — Authorised to sign by the Scottish Ministers — 26th January 2022

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:

Regulation 2 provides that—

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 3(8) also makes minor textual amendments to the headings in the fee tables in the 1989 Civil Regulations which make provision for fees of counsel for proceedings in the Court of Session, to clarify which fees are to apply where the work done is not specified in any of the chapters in those tables.

Regulations 4 (amending the 1989 Criminal Regulations), 6 (amending the 1996 Regulations) and 7 (amending the 1999 Regulations) also make provision for an additional fee to be paid to solicitors representing an accused person appearing from custody when doing so on a day which has been designated a court holiday.

Regulation 8 amends regulation 7 of the 2008 Regulations to make provision ensuring that holiday court fees are not subsumed within a single consolidated payment where different types of criminal legal assistance are given in relation to the same matter. This provision avoids any holiday court fee which would otherwise be payable as result of the amendments noted above becoming subsumed within a single payment.

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]: 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, S.S.I. 2020/191 and S.S.I. 2021/56. Regulation 11 was modified by paragraph 23 of schedule 4 of the Coronavirus (Scotland) Act 2020 (asp 7).

[^f00003]: Paragraph (2A) was inserted by S.S.I. 2003/178 and this figure substituted by S.S.I. 2021/56.

[^f00004]: Schedule 2A was inserted by S.S.I. 2016/290 and amended by S.S.I. 2021/56.

[^f00005]: 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. 2021/56.

[^f00006]: Schedule 5 was inserted by S.S.I. 2003/178 and renamed by S.S.I. 2016/257.

[^f00007]: This figure substituted by S.S.I. 2021/56.

[^f00008]: Paragraph 21 was inserted by S.S.I. 2003/178 and this figure substituted by S.S.I. 2021/56.

[^f00009]: 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, S.S.I. 2020/191 and S.S.I. 2021/56.

[^f00010]: 2014 asp 18.

[^f00011]: Regulation 5 substituted by S.S.I. 2010/212 and amended by S.S.I. 2021/56.

[^f00012]: Figures in regulation 6 substituted by S.S.I. 2021/56.

[^f00013]: Figure in paragraph 7 substituted by S.S.I. 2021/56.

[^f00014]: S.I. 1992/1228; relevant amending instruments are S.I. 1997/718, S.S.I. 2011/41, S.S.I. 2013/250, S.S.I. 2014/257, S.S.I. 2019/78 and S.S.I. 2021/56.

[^f00015]: Figures in paragraphs 1 to 4A of schedule 1 substituted by S.S.I. 2021/56.

[^f00016]: Paragraph 4A was inserted by S.S.I. 2011/41 and amended by S.S.I. 2021/56.

[^f00017]: Paragraph 4 was amended by S.S.I. 2019/78.

[^f00018]: S.I. 1996/2447; relevant amending instruments are S.I. 1997/726, S.S.I. 2004/262, S.S.I. 2005/171, S.S.I. 2006/233, S.S.I. 2008/240, S.S.I. 2010/312, S.S.I. 2011/41, S.S.I. 2013/144, S.S.I. 2013/250, S.S.I. 2014/257, S.S.I. 2017/466, S.S.I. 2019/78, S.S.I. 2020/191, S.S.I. 2021/55 and S.S.I. 2021/56.

[^f00019]: 2014 asp 18.

[^f00020]: Figures in paragraph 3 substituted by S.S.I. 2021/56.

[^f00021]: Figures in Part 4 substituted by S.S.I. 2021/56.

[^f00022]: Part V inserted by S.S.I. 2021/55 and amended by S.S.I. 2021/56.

[^f00023]: Part VI inserted by S.S.I. 2021/55 and amended by S.S.I. 2021/56.

[^f00024]: S.I. 1999/491; relevant amending instruments are S.S.I. 2001/307, S.S.I. 2002/247, S.S.I. 2003/249, S.S.I. 2004/51, S.S.I. 2004/126, S.S.I. 2004/263, S.S.I. 2005/93, S.S.I. 2006/234, S.S.I. 2008/240, S.S.I. 2010/237, S.S.I. 2011/162, S.S.I. 2014/366, S.S.I. 2015/337 and S.S.I. 2017/466, S.S.I. 2019/78, S.S.I. 2020/191 and S.S.I. 2021/56.

[^f00025]: Paragraph 6ZA was inserted by S.S.I. 2011/162 and amended by S.S.I. 2021/56.

[^f00026]: S.S.I. 2008/240.

[^f00027]: 1972 c. 59. Section 1 was amended by section 19 and paragraph 15 of schedule 2 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73).

[^f00028]: 2007 asp 4.

[^f00029]: 1995 c. 36.

[^f00030]: Section 288ZA was inserted by section 34(3) of the Scotland Act 2012 (c. 11).

[^f00031]: Section 70A was inserted by section 124(3) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00032]: Section 75A was inserted by section 15 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

[^f00033]: 1883 c. 3.

[^f00034]: 2002 c. 29. Section 339(1A) was substituted by section 105(5) of the Serious Organised Crime and Police Act 2005 (c. 15).

[^f00035]: Section 2B was inserted by section 20(1) of the Road Safety Act 2006 (c. 49).

[^f00036]: Section 3ZB was inserted by section 21(1) of the Road Safety Act 2006 (c. 49), and relevantly amended by paragraph 1 of schedule 6 of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00037]: 1971 c. 77.

[^f00038]: 1982 c. 45. Section 52A was inserted by section 161(1) of the Criminal Justice Act 1988 (c. 33) and relevantly amended by section 84(7) of the Criminal Justice and Public Order Act 1994 (c. 33), section 19(1)(b) of the Criminal Justice (Scotland) Act 2003 (asp 7), and section 41(1)(b) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00039]: 1937 c. 37.

[^f00040]: Section 75A was inserted by section 15 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

[^f00041]: 1883 c. 3.

[^f00042]: 2002 c. 29. Section 339(1A) was substituted by section 105(5) of the Serious Organised Crime and Police Act 2005 (c. 15).

[^f00043]: Section 2B was inserted by section 20(1) of the Road Safety Act 2006 (c. 9).

[^f00044]: Section 3ZB was inserted by inserted by section 21(1) of the Road Safety Act 2006 (c. 49), and relevantly amended by paragraph 1 of schedule 6 of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00045]: 2003 c. 42.

[^f00046]: Section 194ZB was inserted by section 119 of the Courts Reform (Scotland) Act 2014 (asp 18).

[^f00047]: Section 175A was inserted by section 120 of the Courts Reform (Scotland) Act 2014 (asp 18).

[^f00048]: Section 94(2A) was inserted by section 65(b) of the Criminal Justice (Scotland) Act 2003 (asp 7) and relevantly amended by S.S.I. 2012/272.

[^f00049]: Section 70A was inserted by section 124(3) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00050]: 1883 c. 3.

[^f00051]: 2002 c. 29. Section 339(1A) was substituted by section 105(5) of the Serious Organised Crime and Police Act 2005 (c. 15).

[^f00052]: 1971 c. 77.

[^f00053]: 1982 c. 45. Section 52A was inserted by section 161(1) of the Criminal Justice Act 1988 (c. 33) and relevantly amended by section 84(7) of the Criminal Justice and Public Order Act 1994 (c. 33), section 19(1)(b) of the Criminal Justice (Scotland) Act 2003 (asp 7), and section 41(1)(b) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00054]: 1937 c. 37.

[^f00055]: S.S.I. 1999/491. Schedule 1B was inserted by S.S.I. 2008/240 and relevantly amended by S.S.I. 2011/162, S.S.I. 2014/366, S.S.I. 2017/466, S.S.I. 2019/78 and S.S.I. 2021/56.

[^f00056]: 2016 asp 1, to which there are amendments not relevant to these Regulations.

[^f00057]: 2016 asp 1.

[^f00058]: 2016 asp 1.

[^f00059]: S.I. 1996/513; relevant amending instruments are S.S.I. 2006/436 and S.I. 2011/1043.

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