Appeal proceedings - Senior Counsel fees: for work done or outlays incurred on or after 26 April 2019 but before 22 March 2021

Schedule 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

PART II: FEES OF COUNSEL IN APPEAL PROCEEDINGS

CHAPTER 2: SENIOR COUNSEL
Senior
1. Appeal against Sentence
(a) drafting Grounds or Note of Appeal against sentence £127.72
(b) written Submissions in Appeal against Sentence £156.56
(c) any hearing under sections 107 and 187 of the Criminal Procedure (Scotland) Act 1995([35]), including any consultation on the day of the appeal £234.84
(d) any hearing on appeal against sentence, including any consultation on the day of the appeal £234.84
(e) opinion (or note) on appeal against sentence (where not otherwise prescribed) £117.42
2. 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 £127.72–£309.00
(b) appearance at any hearing on Stated Case, Bill of Suspension or Advocation £404.79
(c) opinion £193.13
3. Appeal against Conviction or Conviction and Sentence
(a) drafting Grounds of Appeal against conviction or conviction and sentence £257.50–£521.18
(b) written Submissions in Appeal against conviction or conviction and sentence £257.50–£521.18
(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) £927.00–£1,287.50
(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) Where the hearing lasts fewer than 3 hours £463.50
(ii) Where the hearing lasts more than 3 hours, but fewer than 6 hours £618.00–£859.02
(iii) Where the hearing last 6 hours or more—
(aa) for each 6 hour period £927.00–£1,287.50
(ab) for any remaining period of fewer than 3 hours £463.50
(ac) for any remaining period of more than 3 hours £618.00–£859.02
(e) opinion £360.50–£721.00
4. Appeal Hearing before a Full Bench (5 or more Judges) £1,545.00
5. 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 (ab) or (b) below £51.50
(ab) all work in connection with a continued diet in relation to such an appeal £51.50
(b) all work in connection with an application for interim liberation before 3 judges £154.50
6. Appeals Conduct Other
(a) hearing on petition to the Nobile Officium £927.00–£1,287.50
(b) reference to the High Court (devolution issue) £927.00–£1,287.50
(c) appeal arising from pre-trial or continuing trial hearing £927.00–£1,287.50
(ca) Appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act([36]) £927.00–£1,287.50
(cb) referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act([37]) £927.00–£1,287.50
(d) opinion £360.50–£721.00
6A. Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2—
(a) applies £422.30
(b ) does not apply £154.50
7. Appeals Written Work Other
(a) drafting Devolution or compatibility Minute £154.50
(b) drafting Petition to the Nobile Officium £231.75
(c) opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995([38]) (transcripts of record and documentary productions) £51.50
8. Consultations £257.50
9. 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 £103.00
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland £206.00
10. Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day £103.00
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 £360.50–£1,442.00

([35]) Criminal Procedure (Scotland) Act 1995 c.46.

([36]) Section 194ZB was inserted by Courts Reform (Scotland) Act 2014 (asp 18), section 119.

([37]) Section 175A was inserted by Courts Reform (Scotland) Act 2014 (asp 18), section 120.

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