LegalizeThe Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2023
| A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016[^f00031]. | A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016[^f00031]. | |
|---|---|---|
| 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 | £62.59 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing | £93.87 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing | £62.59 |
| (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 | £7.28 |
| 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 | £62.59 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing | £93.87 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing | £62.59 |
| (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 | £7.28 |
| 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 | £62.59 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing | £93.87 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing | £62.59 |
| (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 | £7.28 |
SCHEDULE 12 — 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: | £347.92, or | £572.00, or | £628.79, or |
| (i) | (i) | any diet at which a plea of guilty is made and accepted or plea in mitigation is made, | £319.52 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. |
| (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 2 below applies, | £319.52 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. |
| (iii) | (iii) | the first 30 minutes of conducting any trial, | £319.52 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. |
| (iiia) | (iiia) | a first or second diet of deferred sentence, and | £319.52 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. |
| (iv) | (iv) | advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, | £319.52 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. |
| together with any subsequent or additional work other than that specified in paragraphs 2-10 below | together with any subsequent or additional work other than that specified in paragraphs 2-10 below | together with any subsequent or additional work other than that specified in paragraphs 2-10 below | £319.52 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. |
| 2. 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 | 2. 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 | 2. 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 | £28.40 | £56.79 | £56.79 |
| 3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes) | 3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes) | 3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes) | £85.19 | £113.56 | £113.56 |
| 4. Conducting a trial or proof in mitigation for the second and each subsequent day | 4. Conducting a trial or proof in mitigation for the second and each subsequent day | 4. Conducting a trial or proof in mitigation for the second and each subsequent day | £227.12 | £340.38 | £340.68 |
| 5. Conducting a proof of a victim statement: | 5. Conducting a proof of a victim statement: | 5. Conducting a proof of a victim statement: | £340.68 | £340.68 | |
| (i) | 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), or | 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), or | |||
| (ii) | at a continued diet following a concluded trial or proof in mitigation (per day). | at a continued diet following a concluded trial or proof in mitigation (per day). | |||
| 6. Representation at a third or subsequent diet of deferred sentence | 6. Representation at a third or subsequent diet of deferred sentence | 6. Representation at a third or subsequent diet of deferred sentence | £28.40 | £56.79 | £56.79 |
| 7. 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) | 7. 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) | 7. 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 | £28.40 |
| 8. 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 | 8. 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 | 8. 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 | £28.40 | £28.40 | £28.40 |
| 9. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid | 9. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid | 9. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid | £28.40 | £28.40 | £28.40 |
| 10. All work done in connection with: | 10. All work done in connection with: | 10. All work done in connection with: | |||
| (a) | a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than work under sub-paragraph (b) below | a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than work under sub-paragraph (b) below | £56.79 | £56.79 | £56.79 |
| (b) | representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed (fee per appearance) | representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed (fee per appearance) | £34.08 | £34.08 | £34.08 |
SCHEDULE 13 — 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— | £572.00, or | £628.79, or |
| 1. All work up to and including— | 1. All work up to and including— | £543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 of Part 1 of schedule 1. | £600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 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 6 to 10 of Part 1 of schedule 1 | together with any subsequent or additional work other than that of the kind specified in paragraphs 6 to 10 of Part 1 of schedule 1 |
SCHEDULE 14 — 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 relating to assistance by way of representation provided by a solicitor in summary criminal proceedings in accordance with regulation 6 or 6A of the Advice and Assistance (Assistance By Way Of Representation) (Scotland) Regulations 2003 other than that specified in paragraphs 2 to 4 below | 1. All work relating to assistance by way of representation provided by a solicitor in summary criminal proceedings in accordance with regulation 6 or 6A of the Advice and Assistance (Assistance By Way Of Representation) (Scotland) Regulations 2003 other than that specified in paragraphs 2 to 4 below | £347.92 | £572.00 |
| 2. Representation at a third or subsequent diet of deferred sentence | 2. Representation at a third or subsequent diet of deferred sentence | £28.40 | £56.79 |
| 3. 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) | 3. 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 |
| 4. All work done in connection with: | 4. All work done in connection with: | ||
| (a) | a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act, other than work under sub-paragraph (b) below | £56.79 | £56.79 |
| (b) | representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed (fee per appearance) | £34.08 | £34.08 |
| 5. Supplementary fee, payable in addition to any fees under paragraphs 1 to 5, 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 | 5. Supplementary fee, payable in addition to any fees under paragraphs 1 to 5, 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 | £88.16 | £88.16 |
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 | £88.16 |
Signed
SIOBHIAN BROWN — Authorised to sign by the Scottish Ministers — 27th April 2023
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 1986 Act”)—
- the Civil Legal Aid (Scotland) (Fees) Regulations 1989,
- the Criminal Legal Aid (Scotland) (Fees) Regulations 1989,
- the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992,
- Advice and Assistance (Financial Limit) (Scotland) Regulations 1993,
- the Advice and Assistance (Scotland) Regulations 1996,
- the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 (“the 1999 Regulations”).
Regulation 2 provides that—
- regulations 6 (financial limits), 7(2), (3)(c) and (e) (assistance by way of representation) and 8(3) to (5) (fixed payments) apply where the grant of legal aid, advice and assistance or assistance by way of representation was made on or after 29 April 2023,
- the other amendments in these Regulations apply to fees for work done or outlays incurred on or after 29 April 2023, and
- where work which qualifies for a fee prescribed under these Regulations, other than under regulation 8 for the 1999 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.
Regulations 3, 5 and 7 amend the above instruments to increase fees and outlays for legal aid and advice and assistance.
Regulation 4 amends the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 to:
- increase certain fees,
- insert a new table of fees and note on the operation of those fees and make related amendments,
- provide that in relation to solemn proceedings (other than exceptional proceedings) where a grant of legal aid was made before 29 April 2023, the case concludes after that date and the solicitor has requested that the Scottish Legal Aid Board do so, fees may be paid in accordance with the previous table of fees, with related provision as to the applicable table of fees where there has been a transfer of agency in a case,
- add provision for written objections to be made to the Sheriff Appeal Court in relation to a dispute as to allowable fees and outlays.
Regulation 6 amends the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 to substitute the financial limit amounts for advice and assistance specified in section 10(2) of the 1986 Act beyond which solicitors are required to seek prior approval of the Scottish Legal Aid Board before providing further advice and assistance, and removes obsolete references to stipendiary magistrates.
Regulation 8 substitutes the tables of fees in the 1999 Regulations and removes obsolete references to stipendiary magistrates.
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 (“the 1986 Act”). 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). Section 36(2)(b) was amended by section 23(9) of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3). 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]: The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.
[^f00003]: S.I. 1989/1490; relevant amending instruments are S.I. 1994/1015, S.I. 1995/1044, 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, S.S.I. 2019/78, S.S.I. 2020/191, S.S.I. 2021/56 and S.S.I. 2022/30.
[^f00004]: Paragraph (2A) was inserted by S.S.I. 2003/178 and this figure substituted by S.S.I. 2022/30.
[^f00005]: Schedule 2A was inserted by S.S.I. 2016/290 and relevantly amended by S.S.I. 2022/30.
[^f00006]: Schedule 5 was inserted by S.S.I. 2003/178 and renamed by S.S.I. 2016/257.
[^f00007]: Schedule 6 was inserted by S.S.I. 2003/178 and this figure substituted by S.S.I. 2022/30.
[^f00008]: This figure was substituted by S.S.I. 2022/30.
[^f00009]: S.I. 1989/1491; relevant amending instruments are S.I. 1992/374, S.S.I. 2004/264, S.S.I. 2005/113, S.S.I. 2005/656, S.S.I. 2008/240, S.S.I. 2010/212, S.S.I. 2013/320, S.S.I. 2017/466, S.S.I. 2022/30 and S.S.I. 2022/116.
[^f00010]: Regulation 5 was substituted by S.S.I. 2010/212 and amended by S.S.I. 2022/30.
[^f00011]: The figures in regulation 6 were substituted by S.S.I. 2022/30 and S.S.I. 2022/116.
[^f00012]: The figure in paragraph 7 was substituted by S.S.I. 2022/30.
[^f00013]: S.I. 1992/1228; relevant amending instruments are S.S.I. 2013/250 and S.S.I. 2022/30. Figures in paragraphs 1 to 4A were substituted by S.S.I. 2022/30.
[^f00014]: Paragraph 4A was inserted by S.S.I. 2011/41 and amended by S.S.I. 2022/30.
[^f00015]: S.I. 1993/3187; relevant amending instruments are S.S.I. 2007/248, S.S.I. 2017/466 and S.S.I. 2022/116.
[^f00016]: S.I. 1996/2447; relevant amending instruments are S.S.I. 2005/171, S.S.I. 2017/466, S.S.I. 2021/55 and S.S.I. 2022/30.
[^f00017]: Paragraph (1B) was inserted by S.S.I. 2022/292.
[^f00018]: Figures in paragraph 3 were substituted by S.S.I. 2022/30.
[^f00019]: Part 4 was inserted by S.S.I. 2017/466. Figures in Part 4 were substituted by S.S.I. 2022/30.
[^f00020]: Part 5 was inserted by S.S.I. 2021/55 and amended by S.S.I. 2022/30.
[^f00021]: Part 6 inserted by S.S.I. 2021/55 and amended by S.S.I. 2022/30.
[^f00022]: S.I. 1999/491; relevant amending instruments are S.S.I. 2001/307, S.S.I. 2004/263, S.S.I. 2008/240, S.S.I. 2011/162, S.S.I. 2014/366, S.S.I. 2020/191 and S.S.I. 2022/30.
[^f00023]: Paragraphs (1A) and (1D) were inserted by S.S.I. 2008/240, and paragraph (6ZA) was inserted by S.S.I. 2011/162.
[^f00024]: Schedule 1A inserted by S.S.I. 2008/240.
[^f00025]: Schedule 1B inserted by S.S.I. 2008/240.
[^f00026]: 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).
[^f00027]: Section 288ZA was inserted by section 34(3) of the Scotland Act 2012 (c. 11).
[^f00028]: 2006 c. 11.
[^f00029]: 2015 asp 12.
[^f00030]: 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, and S.S.I. 2022/30.
[^f00031]: 2016 asp 1, to which there are amendments not relevant to these Regulations.
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