Appeal proceedings – Senior Counsel fees: on or after 30 April 2024

[As amended by SSI 2024 No 119 in force 30 April 2024]

PART 2

FEES OF COUNSEL IN APPEAL PROCEEDINGS

CHAPTER 2

SENIOR COUNSEL

 

Senior
1. Appeal against Sentence
(a) drafting Grounds or Note of Appeal against sentence £140.82
(b) written Submissions in Appeal against Sentence £172.61
(c) any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal £258.92
(d) any hearing on appeal against sentence, including any consultation on the day of the appeal £258.92
(e) opinion (or note) on appeal against sentence (where not otherwise prescribed) £129.47
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 £140.82–£340.68
(b) appearance at any hearing on Stated Case, Bill of Suspension or Advocation £446.29
(c) opinion £212.93
3. Appeal against Conviction or Conviction and Sentence
(a) drafting Grounds of Appeal against conviction or conviction and sentence £283.90–£574.61
(b) written Submissions in Appeal against conviction or conviction and sentence £283.90–£574.61
(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) £1,022.02–£1,419.48
(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 £511.02
(ii) Where the hearing lasts more than 3 hours, but fewer than 6 hours £681.35–£947.08
(iii) Where the hearing last 6 hours or more—
(aa) for each 6 hour period £1,022.02–£1,419.48
(ab) for any remaining period of fewer than 3 hours £511.02
(ac) for any remaining period of more than 3 hours £681.35–£947.08
(e) opinion £397.46–£794.91
4. Appeal Hearing before a Full Bench (5 or more Judges) £1,703.37
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 £56.79
(ab) all work in connection with a continued diet in relation to such an appeal £56.79
(b) all work in connection with an application for interim liberation before 3 judges £170.35
6. Appeals Conduct Other
(a) hearing on petition to the Nobile Officium £1,022.02–£1,419.48
(b) reference to the High Court (devolution issue) £1,022.02–£1,419.48
(c) appeal arising from pre-trial or continuing trial hearing £1,022.02–£1,419.48
(ca) Appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act £1,022.02–£1,419.48
(cb) referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act £1,022.02–£1,419.48
(d) opinion £397.46–£794.91
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 £465.60
(b ) does not apply £170.35
7. Appeals Written Work Other
(a) drafting Devolution or compatibility Minute £170.35
(b) drafting Petition to the Nobile Officium £255.51
(c) opinion in connection with an application under section 94(2A) of the 1995 Act (transcripts of record and documentary productions) £56.79
8. Consultations £283.90
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 £113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland £227.12
10. Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day £125.14
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 £397.46–£1,589.81