The Criminal Legal Aid (Scotland) (Fees) Regulations 1989

Made: 14th August 1989

Laid before Parliament: 17th August 1989

Coming into force: 31st August 1989

The Secretary of State, in exercise of the powers conferred upon him by section 33 of the Legal Aid (Scotland) Act 1986²¹⁷ and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 and shall come into force on 31st August 1989.

Interpretation

2

• (1) In these Regulations, unless the context otherwise requires—

• “the 1986 Act” means the Legal Aid (Scotland) Act 1986;

• “the 1988 Act” means the Road Traffic Act 1988;

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;

• “the 1995 Consolidation Act” means the Criminal Law (Consolidation) (Scotland) Act 1995;

• “the 2000 Act” means the Terrorism Act 2000;

• “the 2009 Act” means the Sexual Offences (Scotland) Act 2009;

• “auditor” means the appropriate auditor of court specified in regulation 11;

• “counsel” includes a solicitor-advocate;

• “duty solicitor” means a solicitor who is available for the purpose of giving criminal legal aid by virtue of an arrangement made by the Board under section 31(8) of the 1986 Act;

• “High Court” means the High Court of Justiciary;

• “junior counsel” or “junior” means counsel who is not senior counsel;

• “nominated solicitor” means–the solicitor nominated to act by a person to whom criminal legal aid has been made available; orthe solicitor appointed under section 288D of the Criminal Procedure (Scotland) Act 1995 (appointment by court of solicitor for person accused of sexual offence)

• “outlays” does not include fees payable to counsel;

• ...

• “senior counsel” and “senior” are to be construed in accordance with paragraphs (1A) and (1B);

• “solicitor advocate” means a solicitor who, in relation to the proceedings, has exercised a right of audience conferred by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980;

and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.

• (1A) Subject to paragraph (1B), for the purposes of these Regulations, counsel is senior counsel if—

• (a) at the time of being employed in relation to the proceedings, the counsel had attained the rank and dignity of Queen’s Counsel; or

• (b) in the case of a solicitor advocate—

• (i) at the time of being employed in relation to the proceedings, the solicitor advocate was accredited by the Law Society to act as senior counsel for the purposes of these Regulations; and

• (ii) the work undertaken by the solicitor advocate was consistent with the nature of the work ordinarily undertaken by a senior counsel.

• (1B) No counsel is to be treated as senior counsel for the purposes of these Regulations unless—

• (a) the proceedings relate to a prosecution or conviction for murder; or

• (b) the Board has approved the employment of senior counsel under regulation 14 of the Criminal Legal Aid (Scotland) Regulations 1996.

• (2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to one of these Regulations and any reference to a numbered Schedule is to a Schedule to these Regulations.

Fees and outlays to which the Regulations apply

3

Subject to the provisions of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999, these Regulations shall regulate the fees and outlays allowable to solicitors, and the fees allowable to counsel, from the Fund in respect of criminal legal aid under the 1986 Act, upon any taxation in accordance with regulation 11, in respect of which the proceedings are concluded on or after 31st August 1989.

3A

In relation to proceedings in the sheriff court where an indictment has not been served, the fees which may be payable are those prescribed in Chapters1 and 2 of Part1 of the Table of Fees in Schedule2 if the proceedings relate to any of the following offences—

• (a) murder;

• (b) multiple attempted murder;

• (c) culpable homicide;

• (d) rape;

• (e) assault and robbery involving commercial premises;

• (f) importation of controlled drugs;

• (g) an offence under section1 of the 1998 Act (causing death by dangerous driving);

• (h) an offence under the Explosive Substances Act 1883;

• (i) a firearms offence;

• (j) incest;

• (k) sodomy;

• (l) sedition;

• (m) treason;

• (n) torture;

• (o) war crimes.

Fees allowance to solicitors: general provisions

4

• (1) Subject to the following provisions of this regulation and to regulations 5, 6 and 9, the fees allowable to solicitors shall be those specified in Schedule 1.

• (2) Where a nominated solicitor represents two or more persons charged in the same indictment or complaint, or appealing against conviction or sentence in respect of the same indictment or complaint he shall submit one account in respect of all those persons.

• (3) Where a nominated solicitor requires another solicitor, whether an Edinburgh solicitor in connection with an appeal or on a remit for sentence, or a solicitor at the place of the prison or the court, or a local solicitor for the purpose of local precognitions or inquiry, nevertheless only one account shall be submitted by the nominated solicitor (payment of the other solicitor being a matter for adjustment between the nominated solicitor and the other solicitor out of the fees payable hereunder), but in determining the sum to be allowed to the nominated solicitor account shall be taken also of the work carried out by that other solicitor.

• (4) Where the work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees allowed to the solicitor an amount equal to the amount of value added tax chargeable.

Solicitors' fees for identification parades and judicial examinations

5

• (1) For attending an identification parade to which section 21(4)(b) of the 1986 Act applies, a solicitor shall be allowed a fee at the following rates:—

• (a) where paragraph (2) applies—

• (i) £114.00 for the first hour; and

• (ii) £12.67 for each subsequent quarter of an hour; or

• (b) where paragraph (2) does not apply—

• (i) £93.80 for the first hour; and

• (ii) £11.82 for each subsequent quarter of an hour.

• (2) This paragraph applies where a solicitor represents an accused person at an identification parade in connection with or in contemplation of solemn criminal proceedings if—

• (a) when the identification parade is held, criminal legal aid has been made available in respect of those proceedings and the solicitor is the nominated solicitor; or

• (b) after the identification parade has been held, criminal legal aid is made available in respect of those proceedings and the solicitor becomes the nominated solicitor.

• (3) In paragraphs (1) and (2) “a solicitor” means the duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor.

• (4) For the purposes of paragraph (1), where attendance at an identification parade is required on more than one occasion each occasion is a separate identification parade.

• (5) Subject to paragraph (6), the duty solicitor shall be allowed in respect of representing an accused person at a judicial examination (whether a first examination or a further examination) to which sections 35 to 39 of the Criminal Procedure (Scotland) Act 1995 apply—

• (a) fees in accordance with the rates specified in regulation 6(1); and

• (b) fees in respect of any necessary waiting time or any other necessary work relating to the judicial examination, determined in accordance with regulation 7.

• (6) No fee shall be allowed under paragraph (5) if the duty solicitor goes on to become the accused person’s nominated solicitor in respect of the same proceedings and entitled to a fee in accordance with paragraph 1 of Part 2 of the Table of Fees set out in Schedule 1.

Duty solicitors' fees

6

• (1) There shall be allowed to the duty solicitor representing accused persons in the sheriff or district court fees on the following scales:—

• (a) for attendance at the first session of a court for the day, a sessional fee of £63 for the first case in which the accused person pleads not guilty or which is adjourned under section 145 of the 1995 Act and £9 for each additional such case, subject to a maximum total fee of £140 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier;

• (aa) for attendance at that session, a fee of £70 for each case in which the accused pleads guilty;

• (b) for attendance at any other session of that court on the same day, a sessional fee of £63 for the first case in which the accused person pleads not guilty or which is adjourned under section 145 of the 1995 Act and £9 for each additional such case, subject to a maximum total fee of £93 for each such other session. Provided that the fee according to the foregoing scale shall cover the appearance in court of the duty solicitor on behalf of the accused as well as any interview or interviews with the accused or others whether such interview or interviews take place during the same or another session;

• (c) for attendance at any such other session, a fee of £70 for each case in which the accused pleads guilty:

• (2) Where, following a plea of guilty or in circumstances where the accused has not been called on to plead, one or more adjournments are ordered by the court, and the duty solicitor requires to appear again, then an additional fee shall be payable to the duty solicitor in respect of—

• (a) additional interviews with the accused or others; and

• (b) attendances at court other than during the course of the duty solicitor’s period of duty.

• The amount of such additional fee calculated on the basis of the fees set out in Schedule 1 shall be such sum not exceeding £150 (of which the relevant fee of £70 under paragraph (1) is to form part) as shall form reasonable remuneration having regard to the additional work and time involved.

• (3) There shall be allowed to the duty solicitor making, for an accused person in the sheriff court or district court, a preliminary plea to the competency or relevancy of the petition or complaint, or conducting any plea in bar of trial or any mental health proof, or any proof in mitigation or any proof of a victim statement, an additional fee to be calculated on the basis of the fees set out in Schedule 1, the amount of such additional fee to be such sum not exceeding £150 as shall form reasonable remuneration having regard to the additional work and time involved.

• (3A) In an exceptional case, the Board may pay to the duty solicitor such fees other than those specified in paragraph (2) or (3) (and to a higher limit) as it considers appropriate in the circumstances of the case.

• (3B) Where fees are payable under this regulation, the duty solicitor is not entitled to separate payment in respect of any expenses incurred in travelling to and from the court (despite any entitlement to such payment that would arise but for this paragraph).

• (3C) But paragraph (3B) does not prevent the Board paying such fees as are reasonably required for the purpose of securing the availability of a duty solicitor at a remote court.

• (4) Where the duty solicitor represents an accused person before a court which has been designated as a youth court, or as a domestic abuse court, by the sheriff principal, the maximum fees prescribed in paragraph (2) shall not apply.

Fees allowable to solicitors

7

• (1) Subject to the provisions of regulations 4, 5, 6 and 9, ... a solicitor shall be allowed such amount of fees as shall be determined to be reasonable remuneration for work actually and reasonably done, and travel and waiting time actually and reasonably undertaken or incurred, due regard being had to economy. The fees allowed shall be calculated in accordance with Schedule 1.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Outlays allowable to solicitors

8

• (1) A solicitor shall be allowed the following outlays , due regard being had to economy—

• (a) travelling expenses actually and reasonably incurred by himself or his clerk in connection with travel for which a fee for travelling time is chargeable and, in calculating the travelling expenses due, paragraph 5(4) of the notes on the operation of Schedule 1 applies to those expenses as it applies to the fee for travelling time;

• (b) fees paid to witnesses who are not on the Crown list, which fees shall not exceed such sums as are considered by the Board to be reasonable having regard to the sums payable from time to time by the Crown to witnesses of the same categories; and

• (c) any out of pocket expenses actually and reasonably incurred, provided that without prejudice to any other claims for outlays there shall not be allowed to a solicitor outlays representing posts and incidents.

• (2) Where a witness is a ... person giving evidence of fact or expert evidence and value added tax is chargeable in respect of giving that evidence, and the witness adds an amount equal to the tax chargeable to his note of fee, the amount so added may be allowed to the solicitor as an outlay.

Submission of accounts

9

• (1) Subject to paragraph (2) accounts prepared in respect of fees and outlays allowable to solicitors and fees allowable to counsel shall be submitted to the Board not later than 4 months after the date of conclusion of the proceedings in respect of which that legal aid was granted.

• (2) The Board may accept accounts submitted in respect of fees and outlays allowable to solicitors and fees allowable to counsel later than the 4 months referred to in paragraph (1) if it considers that there is a special reason for late submission.

Fees allowable to counsel

10

• (1) Counsel shall be allowed such fee as appears to the Board, or at taxation the auditor to represent reasonable remuneration, calculated in accordance with Schedule 2 or 3, for work actually and reasonably done, due regard being had to economy.

• (2) Where work done by counsel constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees allowable to counsel an amount equal to the amount of value added tax chargeable thereon.

Work actually and reasonably done

10A

In determining whether work has been actually and reasonably done for the purposes of these Regulations the Board, or as the case may be the auditor, is to deem solicitors and counsel to be as up to date with the substantive and procedural law of the field in which they practise as a competent solicitor or counsel practising in that field.

Taxation of fees and outlays

11

• (1) If any question or dispute arises between the Board and a solicitor or counsel as to the amount of fees or outlays allowable to the solicitor, or as to the amount of fees allowable to counsel, from the Fund in respect of legal aid in criminal proceedings in–

• (a) the High Court, including appeals, the matter shall be referred for taxation to the Auditor of the Court of Session;

• (b) the Supreme Court, the matter shall be referred for taxation to the Registrar of the Supreme Court; or

• (c) the sheriff or district court, the matter shall be referred for taxation to the auditor of the sheriff court for the district in which those proceedings took place.

• (2) A reference to an auditor under this regulation may be made at the instance of the solicitor concerned or, where the question in dispute affects the fees allowable to counsel, of the counsel concerned, or of the Board and the auditor concerned shall give reasonable notice of the diet of taxation to the solicitor or counsel as appropriate and the Board.

• (3) The Board and any other party to a reference under paragraph (1)(a) or (c) shall have the right to state written objections to the High Court or, as the case may be, the sheriff in relation to the report of the auditor within 14 days of issue of such report and the Board and any such other party may be heard thereon.

11A

• (1) In relation to proceedings in the Supreme Court, the Board and any other party to a reference to the auditor who is dissatisfied with all or part of a taxation shall have the right to lodge a petition to the Supreme Court within 14 days of the taxation setting out the items objected to and the nature and grounds of the objections.

• (2) The petition shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.

• (3) Any party upon whom such a petition is delivered may within 14 days after such delivery lodge a response to the petition which shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.

• (4) The petition and responses, if any, shall be considered by a panel of Justices, as defined by rule 3(2) of the Supreme Court Rules 2009, which may allow or dismiss the petition without a hearing, invite any or all of the parties to lodge submissions or further submissions in writing or direct that an oral hearing be held.

Revocation

12

Without prejudice to their continuation in effect for the purposes of legal aid for proceedings concluded prior to the coming into force of these Regulations; the following regulations are hereby revoked:—

• The Criminal Legal Aid (Scotland) (Fees) Regulations 1987²¹⁸;

• The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1987²¹⁹;

• The Criminal Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1987²²⁰;

• The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1988²²¹;

• The Criminal Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1988²²²;

• The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1989²²³.

SCHEDULE 1 — FEES OF SOLICITORS

Notes on the operation of Schedule 1

1

• (1) In relation to solemn criminal proceedings the fee for—

• (a) all work falling within a block of work prescribed in Part 2 of the Table of Fees is the fee specified in the relevant column of that Part;

• (b) any item of work that does not fall within a block of work prescribed in Part 2 of the Table of Fees is to be calculated in accordance with Part 1 of the Table of Fees.

• (2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—

• (a) for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1—

• (i) paragraph 3(a) is column A;

• (ii) paragraph 3(b) or (c) is column B;

• (b) for proceedings in the sheriff court is column C.

• (3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—

• (a) is column A if the proceedings relate to any of the following offences:—

• (i) murder;

• (ii) multiple attempted murder;

• (iii) culpable homicide;

• (iv) rape;

• (v) assault and robbery involving commercial premises;

• (vi) importation of controlled drugs;

• (vii) an offence under section 1 of the 1988 Act (causing death by dangerous driving);

• (viii) an offence under the Explosive Substances Act 1883;

• (ix) a firearms offence;

• (x) incest;

• (xi) sodomy;

• (xii) sedition;

• (xiii) treason;

• (xiv) torture; and

• (xv) war crimes;

• (b) is column C if the proceedings do not relate to any of offences specified in sub-paragraph(a).

• (4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

• (5) Without prejudice to the generality of sub-paragraph (1), the following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees—

• (a) travel;

• (b) attending locus visits;

• (c) work in connection with the taking of a witness precognition;

• (d) perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

• (e) instructing expert witnesses;

• (f) conducting, or attending court when counsel is conducting, a hearing;

• (g) time spent waiting;

• (h) post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

• (i) the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2

In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.

3

Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for—

• (a) making a telephone call that is not answered;

• (b) making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

• (c) framing a file note;

• (d) framing a precognition following a meeting where a file note would suffice;

• (e) perusing correspondence;

• (f) a letter of acknowledgement, unless expressly requested or required;

• (g) more than two consultations, except on cause shown;

• (h) a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

• (i) more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

• (j) preparing for a hearing, except as provided for in Part 2 of the Table of Fees;

• (k) preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless—

• (i) the indictment, containing a libel against the client, proceeds to trial; or

• (ii) on or after the day fixed for trial, the Crown withdraws any libel against the client;

• (l) preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

• (m) preparing for a subsequent day of trial or diet of deferred sentence if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

• (n) more than one solicitor attending a hearing, without the prior sanction of the Board;

• (o) during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

• (p) settling with witnesses in respect of a trial where a fee is charged in terms of paragraph4(a) of Part 2 of the Table of Fees.

Time spent waiting and travelling

4

A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5

• (1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from—

• (a) court, provided that—

• (i) a fee is chargeable for the work undertaken at the court; and

• (ii) the court is not in a town or place where the solicitor has a place of business;

• (b) a meeting with the client—

• (i) in prison; or

• (ii) elsewhere, if the client is unable to travel on medical grounds;

• (c) a meeting with the Procurator Fiscal or Advocate Depute at their office;

• (d) a consultation with counsel or an expert witness;

• (e) a locus inspection;

• (f) an examination of productions.

• (2) A fee for travelling time is chargeable in circumstances other than those listed in sub-paragraph (1) only if the Board, or as the case may be the auditor, is satisfied that it was necessary for the advancement of the case that the solicitor be physically present at the place travelled to.

• (3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

• (4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6

Where agency is transferred from one solicitor to another—

• (a) the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

• (b) the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7

• (1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £12.67 for each quarter of an hour.

• (2) This paragraph applies to a precognition in relation to solemn proceedings if—

• (a) it is the first precognition of the client; or

• (b) cause is shown that the statement had to be taken by a solicitor.

Interpretation

8

In this Schedule—

• “court” means the Supreme Court, the High Court of Justiciary, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

• “hearing” includes diet;

• “quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;a “sheet” shall consist of 250 words or numbers; anda “page” shall consist of 125 words or numbers.

TABLE OF FEES

PART 1 — DETAILED FEES

				Summary Procedure	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–
	(a)	in summary proceedings, the fee for–	in summary proceedings, the fee for–
		(i)	any time up to the first half hour spent by a solicitor conducting the hearing	£27.40	£27.40	—
		(ii)	each quarter hour spent, subsequent to the first half hour, conducting the hearing	£13.70	£13.70	—
	(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		£19.00
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:–	£6.00	£7.20
	(a)	each citation of a witness, including execution;	each citation of a witness, including execution;	each citation of a witness, including execution;
	(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);
	(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;
	(d)	lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(e); and	lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(e); and	lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(e); and
	(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:–	£2.40	£2.88
	(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;
	(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;
	(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);
	(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
	(e)	subject to paragraph 4(e), 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(e), 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(e), 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–
	(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–
		(i)	travelling	travelling	—	£12.00
		(ii)	taking a statement	taking a statement	—	£12.00
	(b)	the fee for–	the fee for–	the fee for–
		(i)	framing the precognition, per sheet	framing the precognition, per sheet	—	£2.50
		(ii)	each letter making arrangements for taking a statement	each letter making arrangements for taking a statement	—	£1.50
		(iii)	a telephone call, of any duration	a telephone call, of any duration	—	£1.00
5.	Where a document is copied and it is necessary to take a copy of more than 20sheets (whether 20 of one sheet, 5 of 4sheets or whatever) for each sheet copied a fee of	Where a document is copied and it is necessary to take a copy of more than 20sheets (whether 20 of one sheet, 5 of 4sheets or whatever) for each sheet copied a fee of	Where a document is copied and it is necessary to take a copy of more than 20sheets (whether 20 of one sheet, 5 of 4sheets or whatever) for each sheet copied a fee of	Where a document is copied and it is necessary to take a copy of more than 20sheets (whether 20 of one sheet, 5 of 4sheets or whatever) for each sheet copied a fee of	£0.08	£0.09
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—
	(a) by a solicitor	(a) by a solicitor	(a) by a solicitor	(a) by a solicitor	£5.28	£6.34
	(b) by a solicitor’s clerk	(b) by a solicitor’s clerk	(b) by a solicitor’s clerk	(b) by a solicitor’s clerk	£2.63	£3.17
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–
	(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	£10.55	£12.67
	(b)	by a solicitor’s clerk	by a solicitor’s clerk	by a solicitor’s clerk	£5.25	£6.33

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–	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–	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–
		(i)	not committed for further examination; or	£152.00	£133.00	£57.00
		(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.	£228.00	£209.00	£133.00
2.	The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents	The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents	The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents	£57.00	£57.00	£57.00
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	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	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	£437.00	£304.00	£152.00
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–	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–	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	£399.00	£285.00	£152.00
	(b)	a subsequent day of trial or diet of deferred sentence	a subsequent day of trial or diet of deferred sentence	£152.00	£114.00	£38.00
5.	The fee for all work in connection with post conviction discussions and advice, including advising and giving an opinion on the prospects of any appeal	The fee for all work in connection with post conviction discussions and advice, including advising and giving an opinion on the prospects of any appeal	The fee for all work in connection with post conviction discussions and advice, including advising and giving an opinion on the prospects of any appeal	£152.00	£152.00	£76.00
6.	Unless dealt with in the course of the preliminary hearing, the fee for all work in connection with any of the following:–	Unless dealt with in the course of the preliminary hearing, the fee for all work in connection with any of the following:–	Unless dealt with in the course of the preliminary hearing, the fee for all work in connection with any of the following:–	£152.00	£152.00	£152.00
	(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;
	(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 2 — FEES OF COUNSEL

Notes on the operation of Schedule 2

1

Subject to the following provisions of this Schedule, fees including those within a range of fees, shall be determined or calculated by the Board, and in the event of a question or dispute by the auditor, in accordance with the Table of Fees in this Schedule.

2

Where the Table of Fees does not prescribe a fee for any item of work or category of proceedings the Board, or as the case may be the auditor, shall allow such fee as appears appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

3

In the assessment and taxation of counsel’s fees–

• (a) counsel’s fees are allowed only where the Board has sanctioned the employment of counsel or counsel is automatically available;

• (b) junior counsel’s fees shall be allowable as prescribed in Chapter 1 of Parts I to III of the Table of Fees even where sanction has been granted for the employment of senior counsel in the case, except in any case to which sub-paragraph (c) below applies;

• (c) where a senior junior is representing an accused person in a multiple accused case at first instance and where any co-accused is represented by senior counsel, the fees payable to senior junior shall be those prescribed in the Table of Fees for junior as leader, and the fees payable to any junior counsel assisting senior junior shall be those of junior with leader;

• (d) except on cause shown, fees for only two consultations in the case shall be allowed;

• (e) except on cause shown (and subject to sub-paragraphs (ea) and (eb)), fees for senior counsel or, as the case may be, for both senior and junior counsel shall not be payable for attendance at hearings which do not require the attendance of senior or, as the case may be, both senior and junior counsel or more than one junior counsel;

• (ea) a fee is to be allowed to one counsel only in respect of a hearing of the type described in paragraph 6A of Chapters 1 and 2 of Part 2 of the Table of Fees that did not involve a debate, motion for re-trial or further procedure;

• (eb) a fee, under Part 1 or 3 of the Table of Fees, is to be allowed to one counsel only in respect of—

• (i) a diet of deferred sentence, except where there is in contemplation the imposition of any of the following—

• (a) a mandatory or discretionary life sentence;

• (b) an order for lifelong restriction;

• (c) any disposal under Part6 of the 1995 Act (mental disorder),

or where there is a hearing of evidence in mitigation; and

• (ii) a continued preliminary hearing, except where designated as a hearing at which any of the following matters is intended to be heard—

• (a) a preliminary minute;

• (b) a preliminary issue;

• (c) a devolution minute;

• (d) an application under section 275 of the 1995 Act;

• (e) a petition to recover documents under a specification of documents where the petition is opposed or likely to involve substantive legal argument,

or an evidential hearing or any other hearing involving substantive legalargument;

• (f) except on cause shown, the auditor shall not have regard to any information produced by counsel at taxation which was not made available to the Board at the time the Board made the offer to counsel which is subject to taxation;

• (g) although counsel may keep records of professional services based on the number of hours expended on the work, counsel shall not be entitled to fees at an hourly rate in addition to the fees prescribed in the Table of Fees; and

• (h) correspondence, telephone calls, written work (other than work for which fees are prescribed in the Table of Fees) and meetings between counsel acting for the same assisted person are not allowable as separate items and shall be subsumed within the fees set out for the conduct of a hearing.

Appeals in the High Court of Justiciary

4

In a hearing as specified in paragraph 1(c) or (d) or 2(b) of Chapter 1 or 2 of Part 2 of the Table of Fees which is set down for half a day or longer or where the appellant has been sentenced to a period of imprisonment of 10 years or more, to life imprisonment or where an order for lifelong restriction has been made, the fee payable shall be that in the range specified in paragraph 3(d) of Chapter 1 or 2 of Part 2 respectively.

4A

Where a hearing on a bill of advocation is set down for half a day or longer, counsel is to be paid (in addition to the fees payable under paragraph 2 of the applicable Chapter of Part 2 of the Tables of Fees) a fee for relative written work in the range specified in paragraph 3(b) of the applicable Chapter of Part 2 of the Table of Fees.

5

Subject to paragraphs9 to 11B below, the fees including those within a range of fees, as prescribed in Part 2 of the Table of Fees, shall include all preparation.

6

Where counsel is seeking a higher fee within the range under paragraph 3(d) or (da) or 6(a), (b) or (c) (hearings) of Chapter1 or 2 of Part 2 he or she will need to justify this by establishing that due to the nature of the case an unusually high level of preparation was required or that any of the factors below exist and that they have had a significant effect on the conduct of the case:—

• (a) novelty of the issues of law;

• (b) unusually complex issues of fact;

• (c) issues of considerable legal significance.

7

Where the Auditor determines the appropriate fee he or she shall specify which of the factors in paragraph6 justify such a fee and the extent to which each of those factors contribute to that fee.

8

Where counsel is seeking a higher fee within the range under paragraph2(a), 3(a), (b), (e) , 6(d) or 11 (written work) of Chapter1 or2 of Part 2 he or she will need to justify this by reference to either or both of the following factors:—

• (a) the content rather than the length of the document; and

• (b) the amount of documentation necessarily referred to.

9

Where a hearing has been fixed in an appeal under paragraph3, 4 or 6 of Chapter1 or2 of Part 2 of the Table of Fees counsel may claim an additional fee for preparation for the hearing only where:—

• (a) it is set down for a day or more and counsel has spent more than 2 hours per day on preparation; or

• (b) the case is abnormal in magnitude, or difficulty, or in any other material respect.

10

Where an additional fee for preparation is claimed counsel must provide the Board with details of the nature of the preparation including:—

• (a) where a higher fee has been claimed or received within a range of fees, identification of the part or parts of that fee which relate to those factors mentioned in subparagraphs(a) to(c) of paragraph6 above or to the factor of an unusually high level of preparation;

• (b) records providing a detailed summary of the nature of the work or, if applicable, the nature of the documentation perused at each stage of the process, the time taken and when and where the work was undertaken and the details of authorities referred to in the course of preparation; and

• (c) any contemporaneous record or notes made in the course of preparation.

11

Except on cause shown, an additional fee for preparation shall only be allowable once to both junior and senior counsel notwithstanding that the assisted person may be represented by more than one junior or senior counsel or both during the course of the case.

11A

In assessing the amount of time for which an additional fee for preparation is payable the Board, or the Auditor as the case may be, will consider the amount of time that is reasonable having regard to the following factors:—

• (a) the facts and circumstances of the case; and

• (b) the extent to which payment for preparation is already covered by the prescribed fee or the fee deemed appropriate within the range of fees, taking into account that in cases set down for a day or more 2 hours preparation is covered by that fee by virtue of paragraph 9(a).

11B

The additional fee shall be calculated by dividing the time allowed for additional preparation in terms of paragraph 11A above into units of 8 hours, each unit payable at the rate of twothirds of the prescribed fee or the fee deemed appropriate within the range of fees in Chapter1 or2 of Part 2 of the Table of Fees.

11C

• (1) This paragraph applies in relation to a hearing on appeal against conviction or conviction and sentence if rule 15.15A (requirement for case and argument) of the Act of Adjournal (Criminal Procedure Rules) 1996 applies to all aspects of the appeal.

• (2) For the purposes of sub-paragraph (1), rule 15.15A is to be deemed to apply to an appeal if the court has ordered under rule 19.18A (presentation of summary conviction appeals in writing) of the Act of Adjournal (Criminal Procedure Rules) 1996 that rules15.15A and 15.15B of those Rules are to apply to the appeal as if it were an appeal to which those rules apply.

• (3) In respect of a hearing in the course of an appeal against conviction or against conviction and sentence to which this paragraph applies, a fee is to be paid under paragraph3(da) of Chapter 1, or as the case may be Chapter 2, of Part 2 of the Table of Fees.

• (4) In respect of a hearing in the course of an appeal against conviction or against conviction and sentence to which this paragraph does not apply, a fee is to be paid under paragraph 3(d) of Chapter 1, or as the case may be Chapter 2, of Part 2 of the Table of Fees.

11D

In Chapters 1 and 2 of Part 2 of the Table of Fees, the fees prescribed in paragraphs1 to 6 do not apply to a hearing of the type described in paragraph 6A in each of those Chapters.

11E

This paragraph applies to a hearing of the type described in paragraph 6A of Chapters 1 and 2 of Part 2 of the Table of Fees if the Board is satisfied that a fee in accordance with paragraph 6A(a) of the relevant Chapter is justified on the grounds that the hearing involved a debate, motion for re-trial or further procedure.

11F

A fee is to be allowed to counsel for an opinion concluding that there is no stateable appeal case only if—

• (a) the counsel who prepared the opinion did not represent the assisted person at the trial; and

• (b) the Board, or as the case may be the auditor, is satisfied that it would not have been possible, or would not have been reasonable, in the circumstances for the counsel who represented the assisted person at the trial to have prepared the opinion.

Proceedings in the High Court of Justiciary (other than appeals) and the Sheriff Court

12

Subject to paragraphs 13 to 15 below, the fees prescribed in Parts I and III of the Table of Fees in this Schedule shall include all preparation.

13

A fee for separate preparation shall be allowed only on the following conditions:–

• (a) such a fee is allowable only once in any case to junior or senior, junior and senior or junior and junior, counsel representing an applicant or assisted person, notwithstanding that the applicant or assisted person is represented by more than one junior or senior counsel during the course of the case;

• (b) in allowing such a fee the Board, or as the case may be the auditor, must be satisfied that the level of preparation was necessary, reasonable and proportionate in all the circumstances of the case; ...

• (c) counsel shall produce records providing a detailed summary of the nature of the work or, if applicable, the nature of the documentation perused, at each stage of the process, the time taken and when and where the work was undertaken and shall retain and produce, if requested, any contemporaneous record or notes made in the course of preparation ; and

• (d) such a fee is not payable until the case to which it relates has concluded.

14

A fee for separate preparation shall be allowed only in any case–

• (a) where–

• (i) the case is disposed of at a hearing under section 76 of the 1995 Act; or

• (ii) the case proceeds to trial or for a hearing where a fee is payable at the full rate for a trial under paragraphs 4(q) to (t) of Chapters 1 and 2 of Part 1 or paragraphs 3(p) to (t) of Chapters 1 and 2 of Part 3 of the Table of Fees,

and the level of preparation is that to which paragraph 15 (d) ... below applies; or

• (b) where a plea of guilty is tendered, or a plea of not guilty is accepted or where a case is deserted simpliciter or deserted and the Crown does not intend to re-raise proceedings, up to and including the first day of trial and the case does not proceed to trial, and the level of preparation is that to which paragraph 15 (c) ... below applies.

15

A fee for separate preparation allowed under paragraphs 13 and 14 above shall be calculated by reference to the total number of actual sheets of documentation considered by counsel as follows:–

• (a) no fee for separate preparation for the first 1,000 sheets shall be allowed under any circumstances;

• (b) each range set out in sub-paragraphs (c) and (d) below specifies a total number of days which may be allowed per total number of sheets within the range, and each day shall be paid at the rate of two-thirds of the fee prescribed for the conduct of a trial at paragraph 3 of Chapters 1 and 2 of Part I, or as the case may be, paragraph 2 of Chapters 1 and 2 of Part III of the Table of Fees in this Schedule depending on the nature of the charges and the status of counsel;

• (c) the ranges are–

• (i) 3 days are allowable for 1,001 3,500 sheets;

• (ii) 5.5 days are allowable for 1,001 7,000 sheets;

• (iii) 7.5 days are allowable for 1,001 10,000 sheets;

• (iv) 2.5 days are allowable for each additional 2,500 sheets;

• (d) where the total number of sheets exceeds 7,500, 2.5 days are allowable for each additional 2,500 sheets;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) a fee for separate preparation allowed under–

• (i) paragraph 14(a) above shall be calculated on the basis of sub-paragraph (d) ...; or

• (ii) paragraph 14(b) above shall be calculated on the basis of sub-paragraph (c) ... above.

15A

• (1) Where a case has more than one preliminary hearing, the fee payable for any further preliminary hearings as prescribed in paragraphs 1B(a) of Chapters 1 and 2 of Part 1 of the Table of Fees is reduced as specified in sub-paragraphs (2) and (3).

• (2) Where charges in a case have been split into more than one indictment, the fee payable for any further preliminary hearings is half that prescribed.

• (3) Where in a case an indictment is deserted and subsequently re-raised, the fee for any further preliminary hearings is two thirds that prescribed.

15B

For the purposes of the fees prescribed in paragraphs 1A and 6 of Chapters 1 and 2 of Part 1 and paragraphs 1A and 5 of Chapters 1 and 2 of Part 3 of the Table of Fees—

• (a) the fee for drafting defence statements is payable only once in any case, regardless of how many statements are drafted in that case;

• (b) a fee is only payable for a second necessary note in a case on cause shown and where counsel establishes there were exceptional circumstances in the case, and in any case fees for no more than two necessary notes are payable; and

• (c) where written work, for which there is a prescribed fee, or a necessary note is drafted and revised, the fee payable for the written work or necessary note is, if there is more than one counsel, shared equally between counsel who made the revisals.

16

Where a fee is claimed in respect of paragraph 1B(c) of Chapter 1 or 2 of Part I of the Table of Fees or adjournment of any other hearing including trial–

• (a) information shall be provided by or on behalf of counsel as to the reason for the adjournment; and

• (b) no fee shall be allowed by the Board or the auditor where satisfied that an adjournment was caused because the defence was not prepared to proceed, or where the preliminary hearing could have been altered in advance under section 75A(5) of the 1995 Act.

16A

• (1) A consultation fee is payable under paragraph5 of Chapter 1 or 2 of Part 1 and paragraph4 of Chapter 1 or 2 of Part 3 of the Table of Fees only once a day for a case, regardless of how many consultations in relation to that case are held that day. This applies where any of the following parties attend more than one consultation in one day—

• (a) the same counsel and solicitor;

• (b) the same counsel and accused;

• (c) the same counsel and Crown counsel or Procurator Fiscal; or

• (d) the same counsel and expert.”.

• (2) A fee for an abortive consultation is payable under paragraph5A of Chapter1 or 2 of Part1 and paragraph4A of Chapter1 or 2 of Part3 of the Table of Fees where counsel attended for a consultation but the consultation did not proceed due to no fault of counsel.

17

For the purposes of the fees prescribed in Parts I and III of the Table of Fees in this Schedule–

• (a) a trial shall be taken to commence when the jury is empanelled;

• (aa) where a trial, or other hearing where a prescribed fee is payable at the full rate for a trial, exceeds 30 days in total, the fee payable is reduced by 10% for every day in excess of 30 days;

• (ab) where counsel attends in one day more than one trial, or other hearing where a prescribed fee is payable at the full rate for trial, the fee payable to counsel for the first trial or other hearing of that day is as prescribed and the fee payable for any subsequent trial or other hearing is half that prescribed in those Parts;

• (b) where the trial of an accused person proceeds in respect of more than one offence, the fee payable in terms of paragraphs 3 of Chapters 1 and 2 of Part I and paragraphs 2 of Chapters 1 and 2 of Part III shall be that for the offence for which the highest fee is prescribed;

• (ba) where at a trial diet there is more than one accused and counsel represents an accused who pled guilty at an earlier diet, the fee under paragraph 3 of Chapter 1 or 2 of Part 1 or under paragraph 2 of Chapter 1 or 2 of Part 3 is not payable, but a fee may be payable on cause shown under paragraph 4(pa) of Chapter 1 or 2 of Part 1 or paragraph 3(oa) of Chapter 1 or 2 of Part 3;

• (c) where counsel conducts a number of deferred sentences on the same day the prescribed fee shall be reduced by half for a second deferred sentence, and by a further half for a third and any subsequent deferred sentence;

• (d) the fees allowed under Part III shall be no more than four fifths of the fees prescribed in Part I of the Table of Fees in this Schedule, and except on cause shown, fees for counsel in the Sheriff Court shall not be allowable for attendance at hearings which are routine or procedural only or which do not materially advance the case;

• (e) subject to paragraph(ee), the prescribed fees for a trial or any hearing shall include all work undertaken in the case that day;

• (ee) a fee for a consultation with an expert, in addition to the prescribed fees for a trial or a hearing under paragraph(e), may be payable where counsel establishes that—

• (i) previous attempts had been made to consult with the expert which were unsuccessful;

• (ii) the need to hold the consultation was urgent; and

• (iii) the consultation took place on the same day as the trial or hearing before 0800hours or after 1800hours due to the limited availability of the expert;

• (f) fees for a waiting day shall be allowed on the basis of paragraph 18 below; ...

• (g) the fees prescribed in Parts I and III cannot be increased or reduced in terms of paragraphs 4 to 11 above.

• (h) where the trial of an accused person proceeds in respect of the offence of attempting to pervert the course of justice, the fee payable in terms of paragraph 3 of Chapter 1 or 2 of Part I and paragraph 2 of Chapter 1 or 2 of Part III shall be that for the offence to which the charge of attempting to pervert the course of justice relates. Where the offence to which the charge relates is not prescribed in Schedule 2, the fee payable shall be in terms of paragraph 3(b) of Chapter 1 or 2 of Part I and paragraph 2(b) of Chapter 1 or 2 of Part III; and

• (ha) where a trial of an accused person proceeds in respect of the offence of conspiracy to commit an offence, the fee payable in terms of paragraph 3 of Chapter 1 or 2 of Part 1 and paragraph 2 of Chapter 1 or 2 of Part 3 of the Table of Fees, is that for the offence to which the charge of conspiracy relates. Where the offence to which the charge of conspiracy relates is not prescribed in Schedule 2, the fee payable is in terms of paragraph 3(b) of Chapter 1 or 2 of Part 1 and paragraph 2(b) of Chapter 1 or 2 of Part 3 of the Table of Fees;

• (i) where an accused person pleads guilty at a hearing fixed for trial before the jury is empanelled, or where the case is brought to an end by the Crown’s acceptance of a plea of not guilty, or where, following the court deserting the trial simpliciter or pro loco et tempore, the indictment falls or, for any other reason, is not brought to trial and where no order is made by the court to postpone or appoint a further trial diet, the fee payable shall be two-thirds of the fee payable in terms of paragraph 3 (a) or (b) of Chapter 1 or 2 of Part I and paragraph 2 of Chapter 1 or 2 of Part III ; and

• (j) in the same circumstances as those described at paragraph (i) above, but where the category of charge falls under paragraph 3(c) of Chapter 1 or 2 of Part I, the fee payable shall be that prescribed in paragraph 4(a) of Chapter 1 or 2 of Part I.

17A

Where counsel claims a fee in respect of the first diet under paragraph 3(t) of Chapter 1 or 2 of Part III of the Table of Fees, the fee shall only be payable where a plea of guilty is tendered at that hearing or where the case is brought to an end by the Crown’s acceptance of a plea of not guilty, withdrawal of the libel, desertion of the diet or by other means.

18

Where counsel claims a fee for a waiting day–

• (a) the fee payable to junior counsel, depending on the status of counsel in the case, for such a day shall be–

• (i) half of the fee prescribed at paragraph 4(a) of Chapter 1 of Part I of the Table of Fees or at paragraph 3(a) of Chapter 1 of Part III depending on the applicable court, where no travel for the purposes of paragraph 7 of Chapter 2 of Part I or paragraph 6 of Chapter 2 of Part III is incurred; or

• (ii) two-thirds of the fee prescribed at either paragraph referred to in sub paragraph (a)(i) above, depending on the applicable court, where such travel is incurred;

• (b) the fee payable to senior counsel for such a day shall be–

• (i) half the fee prescribed at paragraph 4(a) of Chapter 2 of Part I of the Table of Fees or at paragraph 3(a) of Chapter 2 of Part III depending on the applicable court, where no travel for the purposes of paragraph 7 of those Chapters is incurred; or

• (ii) two-thirds of the fee prescribed at either paragraph referred to in sub paragraph (b)(i) above, depending on the applicable court, where such travel is incurred;

• (c) no other chargeable work shall be undertaken in the case that day; and

• (d) provided that counsel remains available at court in case the trial proceeds that day, chargeable work in respect of other cases may be undertaken on that day, other than conducting a hearing or trial.

19

Where counsel claims a fee in respect of paragraph 2 of Chapter 1 or 2 of Part I, or paragraph 1B of Chapter 1 or 2 of Part III, of the Table of Fees–

• (a) subject to sub-paragraphs (b) and (c) below, no fee shall be payable under paragraph 1B, 3 or 4 of each Chapter of Part I, or paragraph 2 or 3 of each Chapter of Part III, of the Table of Fees; ...

• (b) a fee shall be payable for all post conviction hearings including hearings for which a prescribed fee is set out in paragraphs 4(j), (k), (l) and (m) of each Chapter of Part I, and paragraphs 3(j), (k), (l) and (m) of each Chapter of Part III, of the Table of Fees ; and

• (c) where a case proceeded by indictment, was deserted, and proceedings were re-raised and disposed of by way of a hearing under section 76 of the 1995 Act, the following fees are chargeable by counsel in the Tables of Fees:

• (i) a fee for the section 76 hearing under the re-raised indictment, as prescribed in paragraph 2 of Chapters 1 and 2 of Part 1 and paragraph 1B of Chapters 1 and 2 of Part 3, and fees for any court hearings which took place under the initial indictment, as prescribed in paragraph 4 of Chapters 1 and 2 of Part 1 and paragraph 3 of Chapters 1 and 2 of Part 3; or

• (ii) fees prescribed in Parts 1 and 3 of the Table of Fees for any hearings, including trial, which took place under the initial indictment, and fees for any hearings under the re-raised indictment, as prescribed in paragraph 4 of Chapters 1 and 2 of Part1 and paragraph 3 of Chapters 1 and 2 of Part 3, but not the fee for the section 76 hearing under the re-raised indictment, as prescribed in paragraph 2 of Chapters 1 and 2 of Part 1 and paragraph 1B of Chapters 1 and 2 of Part 3.

20

• (1) The supplementary fee for travel prescribed in paragraph 7 of Chapters 1 and 2 of Part 1, paragraph 9 of Chapters 1 and 2 of Part 2 and paragraph 6 of Chapters 1 and 2 of Part 3 of the Table of Fees is chargeable only as provided for in this regulation.

• (2) The fee is only chargeable where the travel involves a round trip exceeding 60miles in each direction.

• (3) The fee is not chargeable for travel to courts in any of the following locations for the purposes of a trial or any other hearing—

• (a) Edinburgh;

• (b) Glasgow;

• (c) Airdrie;

• (d) Alloa;

• (e) Dunfermline;

• (f) Falkirk;

• (g) Hamilton;

• (h) Kirkcaldy;

• (i) Lanark;

• (j) Livingston;

• (k) Paisley;

• (l) Stirling.

• (4) Where counsel travels to a court in any of the locations listed in paragraph(3) for the purposes of a trial or any other hearing and also attends to business relating to any case on the same day, (subject to paragraph5) the fee is not chargeable.

• (5) The fee may be chargeable in the circumstances set out in paragraph(4) where the Board is satisfied that the trip relating to business in any case is separate and additional to the trip relating to the court.

• (6) Counsel must, if required, produce vouching of the travel undertaken.

• (7) The fee is chargeable once only in respect of each round trip, irrespective of the number of cases for which the trip is undertaken.

• (8) The fee chargeable excludes any travel costs.

20A

Travel costs are chargeable as an outlay only in circumstances where a supplementary fee for travel is chargeable under paragraph 20.

21

Necessary accommodation and subsistence is chargeable only—

• (a) as an outlay up to the amount specified in specified in paragraph 8 of Chapters 1 and 2 of Part 1, paragraph 10 of Chapters 1 and 2 of Part 2 or paragraph 7 of Chapters 1 and 2 of Part 3 of the Table of Fees;

• (b) where a supplementary fee for travel is chargeable in accordance with paragraph20; and

• (c) on cause shown.

Interpretation

22

In this Schedule–

• “the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010;

• “commercial premises” means a bank, building society, post office, security vehicle, currency exchange or licensed gambling premises;

• “consultation” means a formal meeting , including meeting by means of a conference call, with counsel on the instructions of the solicitor concerning a significant issue which advances the cause taking place usually, but not always, in the presence of the accused or an expert witness, including formal meetings with Crown Counsel taking place following the first preliminary hearing;

• “documentation” means Crown statements, precognitions, productions , including defence productions, and labels;

• “retail premises” means any premises, other than commercial premises;

• “waiting day” means a day where counsel is required to attend court and does so but the trial does not proceed; and

• “sheet” shall consist of 250 words and numbers, or each minute of an un-transcribed tape.

TABLE OF FEES

PART I

FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY