LegalizeThe Criminal Legal Aid (Scotland) (Fees) Regulations 1989
These Regulations prescribe the fees and outlays of solicitors, and the fees of counsel, which an auditor of court may allow in taxing an account of fees and outlays claimed from the Scottish Legal Aid Fund in respect of legal aid in criminal proceedings in any court in Scotland. The Regulations apply only to proceedings concluded on or after 31st August 1989 (regulation 3).
| 1A. | |||
|---|---|---|---|
| Written work | |||
| apetition to Nobile Officium | £225.00 | ||
| bdrafting devolution minute | £150.00 | ||
| cdrafting section 275 application under the 1995 Act | £150.00 | ||
| ddrafting specification of documents | £125.00 | ||
| edrafting interrogatories | £125.00 | ||
| fdrafting defence statement under section70A of the 1995 Act or section 125 of the 2010 Act | £125.00 | ||
| 1B. | |||
| Preliminary hearing | |||
| aPreliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence | Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | ||
| aapreliminary hearing, adjourned or continued in which witnesses called to give evidence | Payable at the full rate for a trial (paragraph3 below) depending on category of case and status of counsel. | ||
| bfurther diet which involves substantive debate or the resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section275 of the 1995 Act | Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | ||
| cadjourned diet under section 75A of the 1995 Act, or continued diet | Payable at one-half of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | ||
| dattendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing | Payable at one-half of the fee prescribed at paragraph 1B(a) above. | ||
| econduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown | Payable at one-half of the fee prescribed at paragraph 1B(a) above. | ||
| Junior as leader | Junior Alone | Junior with leader | |
| 2Early Plea | 2Early Plea | 2Early Plea | 2Early Plea |
| Hearing under section 76 of the 1995 Act | £1,250.00 | £1,250.00 | £625.00 |
| 3Trial per dayCategory Charges Prosecuted in the High Court | 3Trial per dayCategory Charges Prosecuted in the High Court | 3Trial per dayCategory Charges Prosecuted in the High Court | 3Trial per dayCategory Charges Prosecuted in the High Court |
| aAttempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, Incest, Sodomy, Offences under the Sexual Offences Act(5), Offences against Children under the 1995 Consolidation Act(6), Offences under section 16A of the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences , Offences under the Explosive Substances Act 1883, Sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12 , Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections1, 2, 3(2)(a) and 18 to 27 of the 2009 Act | £750.00 | £650.00 | £450.00 |
| bAttempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, ... (other than under category (a) above) Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Offences under section 16A of the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences , Offences under the Immigration Act 1971(4), Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982 , Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees | £617.50 | £535.00 | £375.00 |
| cPossession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1998 Act), Possession of offensive weapons, Violation of sepulchres , Robbery, Breach of the peace | £495.00 | £430.00 | £305.00 |
| 4Miscellaneous Hearings | 4Miscellaneous Hearings | 4Miscellaneous Hearings | 4Miscellaneous Hearings |
| afee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £360.00 | £315.00 | £225.00 |
| aajudicial examination | £360.00 | £315.00 | £225.00 |
| bpreliminary diet | £360.00 | £315.00 | £225.00 |
| chearing under section 275 of the 1995 Act | £360.00 | £315.00 | £225.00 |
| dhearing on specification of documents | £360.00 | £315.00 | £225.00 |
| ehearing on a devolution minute | £360.00 | £315.00 | £225.00 |
| fhearing on an application by the Crown for an extension of time | £360.00 | £315.00 | £225.00 |
| ghearing under section 72 of the 1995 Act | £180.00 | £157.50 | £112.50 |
| hhearing on a motion to adjourn | £180.00 | £157.50 | £112.50 |
| ihearing on an application for special measures | £180.00 | £157.50 | £112.50 |
| jconfiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in– | |||
| iparagraph 3(a) | £750.00 | £650.00 | £450.00 |
| iiparagraph 3(b) | £617.50 | £535.00 | £375.00 |
| iiiparagraph 3(c) | £495 | £430 | £305 |
| iv. . . | |||
| kconfiscation diet where no substantial evidence is led | £360.00 | £315.00 | £225.00 |
| ldeferred sentence where mitigation is led | £360.00 | £315.00 | £225.00 |
| mdeferred sentence where no mitigation is led | £180.00 | £157.50 | £112.50 |
| nremit for sentence | £360.00 | £315.00 | £225.00 |
| nadrug treatment and testing order review | £180.00 | £157.50 | £112.50 |
| nbdrug treatment and testing order review where mitigation led and order revoked | £360.00 | £315.00 | £225.00 |
| oadjourned trial diet | £180.00 | £157.00 | £112.00 |
| padjourned trial diet (trial having commenced) | £360.00 | £315.00 | £225.00 |
| patrial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £360.00 | £315.00 | £225.00 |
| qtrial within a trial | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. |
| qacommission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 3 above) depending on the category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on the category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on the category of case and status of counsel. |
| rexamination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. |
| sproof in mitigation | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. |
| tdeferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. |
| 5Fee for consultations, accused and counsel meetings and locus visits | 5Fee for consultations, accused and counsel meetings and locus visits | 5Fee for consultations, accused and counsel meetings and locus visits | 5Fee for consultations, accused and counsel meetings and locus visits |
| £210.00 | £184.00 | £135.00 | |
| 5AFee for abortive consultation | £105.00 | £92.00 | £67.50 |
| 6Fee for a necessary Note | 6Fee for a necessary Note | 6Fee for a necessary Note | 6Fee for a necessary Note |
| £50.00 | £50.00 | £50.00 | |
| 7Travel | 7Travel | 7Travel | 7Travel |
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £100.00 | £100.00 | £100.00 |
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £200.00 | £200.00 | £200.00 |
| 8Accommodation and associated subsistence | 8Accommodation and associated subsistence | 8Accommodation and associated subsistence | 8Accommodation and associated subsistence |
| Payment of necessary accommodation and associated subsistence per day | £100.00 | £100.00 | £100.00 |
| 1A. | |||
| --- | --- | ||
| Written work | |||
| apetition to Nobile Officium | £225.00 | ||
| bdrafting devolution minute | £150.00 | ||
| cdrafting section 275 application under the 1995 Act | £150.00 | ||
| ddrafting specification of documents | £125.00 | ||
| edrafting interrogatories | £125.00 | ||
| fdrafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act | £125.00 | ||
| 1B. | |||
| Preliminary hearing | |||
| aPreliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence | Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | ||
| aapreliminary hearing, adjourned or continued in which witnesses called to give evidence | Payable at the full rate for a trial (paragraph3 below) depending on category of case and status of counsel. | ||
| bfurther diet which involves substantive debate or the resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section275 of the 1995 Act | Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | ||
| cadjourned diet under section 75A of the 1995 Act, or continued diet | Payable at one-half of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | ||
| dattendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing | Payable at one-half of the fee prescribed at paragraph 1B(a) above. | ||
| econduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown | Payable at one-half of the fee prescribed at paragraph 1B(a) above. | ||
| 2Early Plea | 2Early Plea | ||
| Hearing under section 76 of the 1995 Act | £1,250.00 | ||
| 3Trial (per day)Category Charges Prosecuted in the High Court | 3Trial (per day)Category Charges Prosecuted in the High Court | ||
| aMurder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, Section 1 of the 1988 Act (causing death by dangerous driving), Section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act, Torture, War crimes , Offences under the Explosive Substances Act 1883, Sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12 , Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections1, 2, 3(2)(a) and 18 to 27 of the 2009 Act | £900.00 | ||
| bAttempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, ... (other than under category (a) above) Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Offences under section 16A of the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences , Offences under the Immigration Act 1971(4), Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982 , Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees | £700.00 | ||
| cPossession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Shameless indecency, Offences under the Sexual Offences Act 2003, Forgery, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres , Robbery, Breach of the peace | £560.00 | ||
| 4Miscellaneous Hearings | 4Miscellaneous Hearings | ||
| afee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £410.00 | ||
| aajudicial examination | £410.00 | ||
| bpreliminary diet | £410.00 | ||
| chearing under section 275 of the 1995 Act | £410.00 | ||
| dhearing on specification of documents | £410.00 | ||
| ehearing on a devolution minute | £410.00 | ||
| fhearing on an application by the Crown for an extension of time | £410.00 | ||
| ghearing under section 72 of the 1995 Act | £205.00 | ||
| hhearing on a Motion to adjourn | £205.00 | ||
| ihearing on an application for special measures | £205.00 | ||
| jconfiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in– | |||
| iparagraph 3(a) | £900.00 | ||
| iiparagraph 3(b) | £700.00 | ||
| iiiparagraph 3(c) | £560 | ||
| iv. . . | |||
| kconfiscation diet where no substantial evidence is led | £410.00 | ||
| ldeferred sentence where mitigation is led | £410.00 | ||
| mdeferred sentence where no mitigation is led | £205.00 | ||
| nremit for sentence | £410.00 | ||
| nadrug treatment and testing order review | £205.00 | ||
| nbdrug treatment and testing order review where mitigation led and order revoked | £410.00 | ||
| oadjourned trial diet | £205.00 | ||
| padjourned trial diet (trial having commenced) | £410.00 | ||
| patrial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £410.00 | ||
| qtrial within a trial | Payable at the full rate for a trial (paragraph 3 above) depending on category of case. | ||
| qacommission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 3 above) depending on the category of case and status of counsel. | ||
| rexamination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 3 above) depending on category of case. | ||
| sproof in mitigation | Payable at the full rate for a trial (paragraph 3 above) depending on category of case. | ||
| tdeferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 3 above) depending on category of case. | ||
| 5Fee for consultations, accused and counsel meetings and locus visits | 5Fee for consultations, accused and counsel meetings and locus visits | ||
| £250.00 | |||
| 5AFee for abortive consultation | 5AFee for abortive consultation | ||
| £125.00 | |||
| 6Fee for a necessary Note | 6Fee for a necessary Note | ||
| £50.00 | |||
| 7Travel | 7Travel | ||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £100.00 | ||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £200.00 | ||
| 8Accommodation and associated subsistence | 8Accommodation and associated subsistence | ||
| Payment of necessary accommodation and associated subsistence per day | £100.00 |
PART 2
FEES OF COUNSEL IN APPEAL PROCEEDINGS
| Junior as Leader | Junior Alone | Junior with Leader | |||||
|---|---|---|---|---|---|---|---|
| 1. | Appeal against Sentence | Appeal against Sentence | Appeal against Sentence | Appeal against Sentence | |||
| (a) | (a) | (a) | drafting Grounds or Note of Appeal against sentence | £82 | £82 | £82 | |
| (b) | (b) | (b) | written Submissions in Appeal against Sentence | £125 | £100 | £75 | |
| (c) | (c) | (c) | any hearing under sections107 and187 of the Criminal Procedure (Scotland) Act 1995, including any consultation on the day of the appeal | £201 | £150 | £112 | |
| (d) | (d) | (d) | any hearing on appeal against sentence, including any consultation on the day of the appeal | £201 | £150 | £112 | |
| (e) | (e) | (e) | opinion (or note) on appeal against sentence (where not otherwise prescribed) | £75 | £75 | £75 | |
| 2. | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | |||
| (a) | (a) | (a) | drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case | £85-£266 | £82-£200 | £75-£150 | |
| (b) | (b) | (b) | appearance at any hearing on Stated Case, Bill of Suspension or Advocation | £335 | £250 | £187 | |
| (c) | (c) | (c) | opinion | £125 | £125 | £125 | |
| 3. | Appeal against Conviction or Conviction and Sentence | Appeal against Conviction or Conviction and Sentence | Appeal against Conviction or Conviction and Sentence | Appeal against Conviction or Conviction and Sentence | |||
| (a) | (a) | (a) | drafting Grounds of Appeal against conviction or conviction and sentence | £250-£420 | £200-£350 | £140-£300 | |
| (b) | (b) | (b) | written Submissions in Appeal against conviction or conviction and sentence | £250-£420 | £200-£350 | £140-£300 | |
| (c) | (c) | (c) | . . . | ||||
| (d) | (d) | (d) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 does not apply) | £700-£1,089 | £500-£825 | £400-£625 | |
| (da) | (da) | (da) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 applies)— | ||||
| (i) | (i) | where the hearing lasts fewer than 3 hours | £395 | £350 | £250 | ||
| (ii) | (ii) | where the hearing lasts more than 3 hours, but fewer than 6 hours | £467 - £726 | £334 - £550 | £267 - £417 | ||
| (iii) | (iii) | where the hearing lasts 6 hours or more— | |||||
| (aa) | for each 6 hour period | £700 - £1,089 | £500 - £825 | £400 - £625 | |||
| (ab) | for any remaining period of fewer than 3 hours | £395 | £350 | £250 | |||
| (ac) | for any remaining period of more than 3 hours | £467 - £726 | £334 - £550 | £267 - £417 | |||
| (e) | (e) | (e) | opinion | £250-£400 | £200-£350 | £140-£300 | |
| 4. | Appeal Hearing before a Full Bench (5or more Judges) | Appeal Hearing before a Full Bench (5or more Judges) | Appeal Hearing before a Full Bench (5or more Judges) | Appeal Hearing before a Full Bench (5or more Judges) | £1,300 | £1000 | £750 |
| 5. | Appeals in relation to Bail or Interim Liberation | Appeals in relation to Bail or Interim Liberation | Appeals in relation to Bail or Interim Liberation | Appeals in relation to Bail or Interim Liberation | |||
| (a) | (a) | (a) | all work in connection with an appeal relating to granting of bail or interim liberation, except (b)below | £30 | £30 | £30 | |
| (b) | (b) | (b) | all work in connection with an application for interim liberation before 3judges | £140 | £100 | £75 | |
| 6. | Appeals Conduct Other | Appeals Conduct Other | Appeals Conduct Other | Appeals Conduct Other | |||
| (a) | (a) | (a) | hearing on petition to the Nobile Officium | £700-£1,089 | £500-£825 | £305-£625 | |
| (b) | (b) | (b) | reference to the High Court (devolution issue) | £700-1,089 | £500-825 | £400-£625 | |
| (c) | (c) | (c) | appeal arising from pre‑trial or continuing trial hearing | £700-£1,089 | £500-£825 | £400-£625 | |
| (d) | (d) | (d) | opinion | £250-£400 | £200-£350 | £140-£300 | |
| 6A. | Advising hearing | Advising hearing | Advising hearing | Advising hearing | |||
| Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of Schedule 2— | Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of Schedule 2— | Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of Schedule 2— | Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of Schedule 2— | ||||
| (a) | (a) | (a) | applies | £360 | £315 | £225 | |
| (b) | (b) | (b) | does not apply | £150 | £150 | £150 | |
| 7. | Appeals Written Work Other | Appeals Written Work Other | Appeals Written Work Other | ||||
| (a) | (a) | (a) | drafting Devolution Minute | £150 | £150 | £150 | |
| (b) | (b) | (b) | drafting Petition to the Nobile Officium | £225 | £225 | £225 | |
| (c) | (c) | (c) | opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions) | £50 | £50 | £50 | |
| 8. | Consultations | Consultations | Consultations | Consultations | £210 | £184 | £135 |
| 9. | Travel | Travel | Travel | Travel | |||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £100 | £100 | £100 |
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £200 | £200 | £200 |
| 10. | 10. | Accommodation and associated subsistence | Accommodation and associated subsistence | Accommodation and associated subsistence | |||
| Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | £100.00 | £100.00 | £100.00 |
| 11. | 11. | 11. | 11. | ||||
| Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | £250 - £800 | £200 - £700 | £140 - £600 |
| Senior | |||||||
| --- | --- | --- | --- | --- | --- | --- | --- |
| 1. | Appeal against Sentence | Appeal against Sentence | Appeal against Sentence | Appeal against Sentence | Appeal against Sentence | Appeal against Sentence | |
| (a) | drafting Grounds or Note of Appeal against sentence | drafting Grounds or Note of Appeal against sentence | drafting Grounds or Note of Appeal against sentence | drafting Grounds or Note of Appeal against sentence | drafting Grounds or Note of Appeal against sentence | £124 | |
| (b) | written Submissions in Appeal against Sentence | written Submissions in Appeal against Sentence | written Submissions in Appeal against Sentence | written Submissions in Appeal against Sentence | written Submissions in Appeal against Sentence | £152 | |
| (c) | any hearing under sections107 and187 of the Criminal Procedure (Scotland) Act 1995, including any consultation on the day of the appeal | any hearing under sections107 and187 of the Criminal Procedure (Scotland) Act 1995, including any consultation on the day of the appeal | any hearing under sections107 and187 of the Criminal Procedure (Scotland) Act 1995, including any consultation on the day of the appeal | any hearing under sections107 and187 of the Criminal Procedure (Scotland) Act 1995, including any consultation on the day of the appeal | any hearing under sections107 and187 of the Criminal Procedure (Scotland) Act 1995, including any consultation on the day of the appeal | £228 | |
| (d) | any hearing on appeal against sentence, including any consultation on the day of the appeal | any hearing on appeal against sentence, including any consultation on the day of the appeal | any hearing on appeal against sentence, including any consultation on the day of the appeal | any hearing on appeal against sentence, including any consultation on the day of the appeal | any hearing on appeal against sentence, including any consultation on the day of the appeal | £228 | |
| (e) | opinion (or note) on appeal against sentence (where not otherwise prescribed) | opinion (or note) on appeal against sentence (where not otherwise prescribed) | opinion (or note) on appeal against sentence (where not otherwise prescribed) | opinion (or note) on appeal against sentence (where not otherwise prescribed) | opinion (or note) on appeal against sentence (where not otherwise prescribed) | £114 | |
| 2. | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | |
| (a) | drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case | drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case | drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case | drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case | drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case | £124-£300 | |
| (b) | appearance at any hearing on Stated Case, Bill of Suspension or Advocation | appearance at any hearing on Stated Case, Bill of Suspension or Advocation | appearance at any hearing on Stated Case, Bill of Suspension or Advocation | appearance at any hearing on Stated Case, Bill of Suspension or Advocation | appearance at any hearing on Stated Case, Bill of Suspension or Advocation | £393 | |
| (c) | opinion | opinion | opinion | opinion | opinion | £187.50 | |
| 3. | Appeal against Conviction or Conviction& Sentence | Appeal against Conviction or Conviction& Sentence | Appeal against Conviction or Conviction& Sentence | Appeal against Conviction or Conviction& Sentence | Appeal against Conviction or Conviction& Sentence | Appeal against Conviction or Conviction& Sentence | |
| (a) | drafting Grounds of Appeal against conviction or conviction and sentence | drafting Grounds of Appeal against conviction or conviction and sentence | drafting Grounds of Appeal against conviction or conviction and sentence | drafting Grounds of Appeal against conviction or conviction and sentence | drafting Grounds of Appeal against conviction or conviction and sentence | £250-£506 | |
| (b) | written Submissions in Appeal against conviction or conviction and sentence | written Submissions in Appeal against conviction or conviction and sentence | written Submissions in Appeal against conviction or conviction and sentence | written Submissions in Appeal against conviction or conviction and sentence | written Submissions in Appeal against conviction or conviction and sentence | £250-£506 | |
| (c) | . . . | . . . | . . . | . . . | . . . | ||
| (d) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 does not apply) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 does not apply) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 does not apply) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 does not apply) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 does not apply) | £900-£1,250 | |
| (da) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 applies)— | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 applies)— | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 applies)— | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 applies)— | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 applies)— | ||
| (i) | where the hearing lasts fewer than 3 hours | where the hearing lasts fewer than 3 hours | where the hearing lasts fewer than 3 hours | where the hearing lasts fewer than 3 hours | £450 | ||
| (ii) | where the hearing lasts more than 3 hours, but fewer than 6 hours | where the hearing lasts more than 3 hours, but fewer than 6 hours | where the hearing lasts more than 3 hours, but fewer than 6 hours | where the hearing lasts more than 3 hours, but fewer than 6 hours | £600 - £834 | ||
| (iii) | where the hearing lasts 6 hours or more— | where the hearing lasts 6 hours or more— | where the hearing lasts 6 hours or more— | where the hearing lasts 6 hours or more— | |||
| (aa) | for each 6 hour period | for each 6 hour period | for each 6 hour period | £900 - £1,250 | |||
| (ab) | for any remaining period of fewer than 3 hours | for any remaining period of fewer than 3 hours | for any remaining period of fewer than 3 hours | £450 | |||
| (ac) | for any remaining period of more than 3 hours | for any remaining period of more than 3 hours | for any remaining period of more than 3 hours | £600 - £834 | |||
| (e) | opinion | opinion | opinion | opinion | opinion | £350-£700 | |
| 4. | Appeal Hearing before a Full Bench (5or more Judges) | Appeal Hearing before a Full Bench (5or more Judges) | Appeal Hearing before a Full Bench (5or more Judges) | Appeal Hearing before a Full Bench (5or more Judges) | Appeal Hearing before a Full Bench (5or more Judges) | Appeal Hearing before a Full Bench (5or more Judges) | £1,500 |
| 5. | Appeals in relation to Bail or Interim Liberation | Appeals in relation to Bail or Interim Liberation | Appeals in relation to Bail or Interim Liberation | Appeals in relation to Bail or Interim Liberation | Appeals in relation to Bail or Interim Liberation | Appeals in relation to Bail or Interim Liberation | |
| (a) | all work in connection with an appeal relating to granting of bail or interim liberation, except (b)below | all work in connection with an appeal relating to granting of bail or interim liberation, except (b)below | all work in connection with an appeal relating to granting of bail or interim liberation, except (b)below | all work in connection with an appeal relating to granting of bail or interim liberation, except (b)below | all work in connection with an appeal relating to granting of bail or interim liberation, except (b)below | £50 | |
| (b) | all work in connection with an application for interim liberation before 3judges | all work in connection with an application for interim liberation before 3judges | all work in connection with an application for interim liberation before 3judges | all work in connection with an application for interim liberation before 3judges | all work in connection with an application for interim liberation before 3judges | £150 | |
| 6. | Appeals Conduct Other | Appeals Conduct Other | Appeals Conduct Other | Appeals Conduct Other | Appeals Conduct Other | Appeals Conduct Other | |
| (a) | hearing on petition to the Nobile Officium | hearing on petition to the Nobile Officium | hearing on petition to the Nobile Officium | hearing on petition to the Nobile Officium | hearing on petition to the Nobile Officium | £900-£1,250 | |
| (b) | reference to the High Court (devolution issue) | reference to the High Court (devolution issue) | reference to the High Court (devolution issue) | reference to the High Court (devolution issue) | reference to the High Court (devolution issue) | £900-£1,250 | |
| (c) | any appeal arising from pre‑trial or continuing trial hearing | any appeal arising from pre‑trial or continuing trial hearing | any appeal arising from pre‑trial or continuing trial hearing | any appeal arising from pre‑trial or continuing trial hearing | any appeal arising from pre‑trial or continuing trial hearing | £900-£1,250 | |
| (d) | opinion | opinion | opinion | opinion | opinion | £350-£700 | |
| 6A. | Advising hearing | Advising hearing | Advising hearing | Advising hearing | Advising hearing | Advising hearing | |
| (a) | applies | applies | applies | applies | applies | £410 | |
| (b) | does not apply | does not apply | does not apply | does not apply | does not apply | £150 | |
| 7. | Appeals Written Work Other | Appeals Written Work Other | Appeals Written Work Other | Appeals Written Work Other | Appeals Written Work Other | Appeals Written Work Other | |
| (a) | drafting Devolution Minute | drafting Devolution Minute | drafting Devolution Minute | drafting Devolution Minute | drafting Devolution Minute | £150 | |
| (b) | drafting Petition to the Nobile Officium | drafting Petition to the Nobile Officium | drafting Petition to the Nobile Officium | drafting Petition to the Nobile Officium | drafting Petition to the Nobile Officium | £225 | |
| (c) | opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions) | opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions) | opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions) | opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions) | opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions) | £50 | |
| 8. | Consultations | Consultations | Consultations | Consultations | Consultations | Consultations | £250 |
| 9. | Travel | Travel | Travel | Travel | Travel | Travel | |
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £100 |
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £200 |
| 10. | Accommodation and associated subsistence | Accommodation and associated subsistence | Accommodation and associated subsistence | Accommodation and associated subsistence | Accommodation and associated subsistence | Accommodation and associated subsistence | |
| Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | £100.00 |
| 11. | 11. | 11. | 11. | 11. | 11. | 11. | |
| Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case | £350 - £1,400 |
PART III
FEES OF COUNSEL FOR PROCEEDINGS IN THE SHERIFF AND DISTRICT COURT
| 1A. Written work | 1A. Written work | 1A. Written work | 1A. Written work |
|---|---|---|---|
| apetition to Nobile Officium | £225.00 | £225.00 | £225.00 |
| bdrafting devolution minute | £150.00 | £150.00 | £150.00 |
| cdrafting section 275 application under the 1995 Act | £150.00 | £150.00 | £150.00 |
| ddrafting specification of documents | £125.00 | £125.00 | £125.00 |
| edrafting interrogatories | £125.00 | £125.00 | £125.00 |
| (f) drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act | £125.00 | ||
| 1B. Early plea | 1B. Early plea | 1B. Early plea | 1B. Early plea |
| Hearing under section 76 of the 1995 Act | £1,250.00 | £1,250.00 | £625.00 |
| Junior as leader | Junior alone | Junior with leader | |
| 2Trial (per day )Category Charges Prosecuted in the Sheriff Court | 2Trial (per day )Category Charges Prosecuted in the Sheriff Court | 2Trial (per day )Category Charges Prosecuted in the Sheriff Court | 2Trial (per day )Category Charges Prosecuted in the Sheriff Court |
| aCulpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, Section 1 of the 1988 Act (causing death by dangerous driving), Section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs) Sedition, Treason, Offences under the 2000 Act, Torture, War crimes, Rape, Multiple attempted murder , Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12 , Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections1, 2, 3(2)(a) and 18 to 27 of the 2009 Act | £647.50 | £575.00 | £360.00 |
| bAttempted murder, Assault to severe injury (with aggravations), Indecent assault, Assault and robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a class A drug, Attempted rape, Lewd and libidinous behaviour (other than under category (a) above), Offences under the Sexual Offences Act, Offences against children under the 1995 Consolidation Act, Offences under section 16A of the 1995 Consolidated Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental protection prosecutions, Health and safety offences, Intellectual property offences, Indecent or obscene publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982 , Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace; | £495.00 | £430.00 | £305.00 |
| 3Miscellaneous Hearings | 3Miscellaneous Hearings | 3Miscellaneous Hearings | 3Miscellaneous Hearings |
| afee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £288.00 | £252.00 | £180.00 |
| aa judicial examination | £288.00 | £252.00 | £180.00 |
| bpreliminary diet | £288.00 | £252.00 | £180.00 |
| chearing under section 275 of the 1995 Act | £288.00 | £252.00 | £180.00 |
| dhearing on specification of documents | £288.00 | £252.00 | £180.00 |
| ehearing on a devolution minute | £288.00 | £252.00 | £180.00 |
| fhearing on an application by the Crown for an extension of time | £288.00 | £252.00 | £180.00 |
| ghearing under section 72 of the 1995 Act | £144.00 | £126.00 | £90.00 |
| hhearing on a Motion to adjourn | £144.00 | £126.00 | £90.00 |
| ihearing on an application for special measures | £144.00 | £126.00 | £90.00 |
| jconfiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in– | |||
| iparagraph 2(a) | £647.50 | £575.00 | £360.00 |
| iiparagraph 2(b) | £495.00 | £430.00 | £305 |
| iiiparagraph 2(b) | |||
| kconfiscation diet where no substantial evidence is led | £288.00 | £252.00 | £180.00 |
| ldeferred sentence where mitigation is led | £288.00 | £252.00 | £180.00 |
| mdeferred sentence where no mitigation is led | £144.00 | £126.00 | £90.00 |
| madrug treatment and testing order review | £144.00 | £126.00 | £90.00 |
| mbdrug treatment and testing order review where mitigation led and order revoked | £288.00 | £252.00 | £180.00 |
| nadjourned trial diet | £144.00 | £126.00 | £90.00 |
| oadjourned trial diet (trial having commenced) | £288.00 | £252.00 | £180.00 |
| oatrial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £288.00 | £252.00 | £180.00 |
| ptrial within a trial | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. |
| pacommission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 2 above) depending on the category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on the category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on the category of case and status of counsel. |
| qexamination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. |
| rproof in mitigation | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. |
| sdeferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. |
| tfirst diet | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel. |
| 4Fee for consultations, accused and counsel meetings and locus visits | 4Fee for consultations, accused and counsel meetings and locus visits | 4Fee for consultations, accused and counsel meetings and locus visits | 4Fee for consultations, accused and counsel meetings and locus visits |
| £178.00 | £154.00 | £108.00 | |
| 4A. | |||
| Fee for abortive consultation | £89.00 | £77.00 | £54.00 |
| 5Fee for a necessary Note | £50.00 | £50.00 | £50.00 |
| 6Travel | 6Travel | 6Travel | 6Travel |
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £100.00 | £100.00 | £100.00 |
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £200.00 | £200.00 | £200.00 |
| 7Accommodation and associated subsistence | 7Accommodation and associated subsistence | 7Accommodation and associated subsistence | 7Accommodation and associated subsistence |
| Payment of necessary accommodation and associated subsistence per day | £100.00 | £100.00 | £100.00 |
| 1A. Written work | 1A. Written work | 1A. Written work | 1A. Written work |
| --- | --- | --- | --- |
| apetition to Nobile Officium | £225.00 | £225.00 | £225.00 |
| bdrafting devolution minute | £150.00 | £150.00 | £150.00 |
| cdrafting section 275 application under the 1995 Act | £150.00 | £150.00 | £150.00 |
| ddrafting specification of documents | £125.00 | £125.00 | £125.00 |
| edrafting interrogatories | £125.00 | £125.00 | £125.00 |
| (f)drafting defence statement under section70A of the 1995 Act or section125 of the 2010 Act | £125.00 | ||
| 1B. Early plea | 1B. Early plea | 1B. Early plea | 1B. Early plea |
| Hearing under section 76 of the 1995 Act | £1,250.00 | £1,250.00 | £625.00 |
| 2Trial (per day)Category Charges Prosecuted in the Sheriff Court | 2Trial (per day)Category Charges Prosecuted in the Sheriff Court | ||
| aCulpable Homicide, Assault and Robbery (involving commercial premises i.e. banks, post offices, warehouses etc.), Importation of Controlled Drugs, Fraud and related offence. Section 1 of the 1988 Act (causing death by dangerous driving), Section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act, Torture, War crimes, Rape, Multiple attempted murder , Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12 , Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections1, 2, 3(2)(a) and 18 to 27 of the 2009 Act | £720.00 | ||
| bAttempted murder, Assault to severe injury (with aggravations), Indecent assault, Assault and robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a class A drug, Attempted rape, Lewd and libidinous behaviour (other than under category (a) above), Offences under the Sexual Offences Act, Offences against children under the 1995 Consolidation Act, Offences under section 16A of the 1995 Consolidated Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental protection prosecutions, Health and safety offences, Intellectual property offences, Indecent or obscene publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982 , Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace | £560.00 | ||
| 3Miscellaneous Hearings | 3Miscellaneous Hearings | ||
| afee for a day in court for miscellaneous hearings other than for which a fee is prescribed | £328.00 | ||
| (aa) judicial examination | £328.00 | ||
| bpreliminary diet | £328.00 | ||
| chearing under section 275 of the 1995 Act | £328.00 | ||
| dhearing on specification of documents | £328.00 | ||
| ehearing on a devolution minute | £328.00 | ||
| fhearing on an application by the Crown for an extension of time | £328.00 | ||
| ghearing under section 72 of the 1995 Act | £164.00 | ||
| hhearing on a motion to adjourn | £164.00 | ||
| ihearing on an application for special measures | £164.00 | ||
| jconfiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in– | |||
| iparagraph 2(a) | £720.00 | ||
| iiparagraph 2(b) | £560.00 | ||
| iii. . . | |||
| kconfiscation diet where no substantial evidence is led | £328.00 | ||
| ldeferred sentence where mitigation is led | £328.00 | ||
| mdeferred sentence where no mitigation is led | £164.00 | ||
| (ma) drug treatment and testing order review | £164.00 | ||
| (mb) drug treatment and testing order review where mitigation led and order revoke | £328.00 | ||
| nadjourned trial diet | £164.00 | ||
| oadjourned trial diet (trial having commenced) | £328.00 | ||
| (oa) trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier die | £328.00 | ||
| ptrial within a trial | Payable at the full rate for a trial (paragraph 2 above) depending on category of case. | ||
| (pa) commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 2 above) depending on the category of case and status of counsel. | ||
| qexamination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 2 above) depending on category of case. | ||
| rproof in mitigation | Payable at the full rate for a trial (paragraph 2 above) depending on category of case. | ||
| sdeferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 2 above) depending on category of case. | ||
| tfirst diet | Payable at the full rate for a trial (paragraph 2 above) depending on category of case. | ||
| 4Fee for consultations, accused and counsel meetings and locus visits | 4Fee for consultations, accused and counsel meetings and locus visits | ||
| £200.00 | |||
| 4AFee for abortive consultation | 4AFee for abortive consultation | ||
| £100.00 | |||
| 5Fee for a necessary Note | 5Fee for a necessary Note | ||
| £50.00 | |||
| 6Travel | 6Travel | ||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £100.00 | ||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £200.00 | ||
| 7Accommodation and associated subsistence | 7Accommodation and associated subsistence | ||
| Payment of necessary accommodation and associated subsistence per day | £100.00 |
SCHEDULE 3 — FEES OF COUNSEL FOR PROCEEDINGS IN THE SUPREME COURT
Notes on the operation of Schedule 3
1
Subject to the following provisions of this Schedule, fees shall be 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
In the assessment and taxation of counsel’s fees–
- (a) where higher fees than those set out in the Table of Fees are sought, they must be explained in a note from counsel;
- (b) for proceedings under paragraph 1 of the Table of Fees–
- (i) subject to any higher fees allowable under sub-paragraph (a), no other payments are permitted;
- (ii) there is a working assumption that a single fee is allowed for one junior counsel even where sanction is authorised for two counsel and that it would only be in the most exceptional cases that fees are allowable for two counsel; and
- (iii) a fee for senior counsel may be allowed instead of junior counsel if it is held to be necessary because of the difficulty or complexity of the case or for other good reason; and
- (c) for proceedings under paragraph 2 of the Table of Fees–
- (i) counsel’s fees are allowed only where the Board has sanctioned the employment of counsel or where counsel is automatically available;
- (ii) 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;
- (iii) in cases where junior counsel has undertaken most of the work on a particular item the auditor shall allow such fee to senior and junior counsel as appears appropriate to provide reasonable remuneration for the work;
- (iv) there is a working assumption that counsel for an appellant commands a higher fee than counsel for a respondent;
- (v) only one counsel’s fee is permitted on a petition of appeal and on attending judgment; and
- (vi) the brief fee shall include all work on the brief, the case and the first day of attendance at the Supreme Court.
| 1. Petition for leave to appeal | Junior Counsel | Senior Counsel |
|---|---|---|
| aDrafting application for permission to appeal | £800.00 | £1000.00 |
| bPreparing respondents' objections | £550.00 | £750.00 |
| cAttending Supreme Court | £1100.00 | £1600.00 |
| Junior Counsel | Senior Counsel | |
| --- | --- | --- |
| 2Appeals and References | ||
| aDrafting Petition of appeal | £75.00 | £75.00 |
| bStatement of Facts and Issues | £1750.00 | £3500.00 |
| cAuthorities | £600.00 | £1200.00 |
| dConsultations (each, up to a maximum of three) | £350.00 | £700.00 |
| eBrief (based on a 1 day hearing) | £6250.00 | £12500.00 |
| fBrief (based on a 2 day hearing) | £8000.00 | £16000.00 |
| gRefresher (from day two of the hearing) | £1250.00 | £2500.00 |
| hJudgment | £150.00 | £150.00 |
Signed
Sanderson of Bowden — Minister of State, Scottish Office — 14th August 1989
Editorial notes
1
Words in reg. 8(1) inserted (1.4.1997) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1997 (S.I. 1997/719), regs. 1, 4(a) (with reg. 3)
2
Words in reg. 3 inserted (1.4.1999) by The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 (S.I. 1999/491), regs. 1, 6 (with reg. 3)
3
Sum in Sch. 2 Table Pt. 3 Ch. 1 para. 7 substituted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 7(e)(iv) (with reg. 2)
4
Sch. 2 Table Pt. 1 Ch. 1 para. 4(q)-(t) inserted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 7(b)(ii) (with reg. 2)
5
Sch. 2 para. 17A inserted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 6(f) (with reg. 2)
6
Sch. 2 Pt. 3 Ch. 2 para. 3(p)-(t) inserted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 7(f)(ii) (with reg. 2)
7
Sch. 3 inserted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), reg. 1, sch. (with reg. 2)
8
Sums in sch. 2 Table Pt. 3 Ch. 1 para. 4 substituted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 7(e)(iii) (with reg. 2)
9
Sch. 2 Table Pt. 3 Ch. 2 para. 3(j)(iii) omitted (29.3.2007) by virtue of The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 7(d)(iii) (with reg. 2)
10
Sch. 2 Pt. 3 Ch. 2 para. 6 substituted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 7(h) (with reg. 2)
11
Words in Sch. 2 para. 2 inserted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 6(a) (with reg. 2)
12
Sch. 2 para. 17(h)(i) inserted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 6(e)(ii) (with reg. 2)
13
Words in sch. 2 Table Pt. 3 Ch. 1 para. 2(a) inserted (29.3.2007) by The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007 (S.S.I. 2007/180), regs. 1, 7(d)(ii) (with reg. 2)
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