https://www.slab.org.uk/faqs/criminal-legal-aid-fees-for-id-parades-and-court-duty/
https://www.slab.org.uk/faqs/criminal-legal-aid-fees-for-id-parades-and-court-duty/
When you act as a duty solicitor representing a client [section 22(1)(a) of the legal Aid (Scotland) Act 1986], you are entitled to the following fees [regulation 5 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].
For attending an identification parade – under paragraph 2:
For attending an identification parade where paragraph (2) does not apply:
Where attendance at an identification parade is required on more than one occasion, each occasion is a separate identification parade.
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.
As a duty solicitor representing an accused person in the sheriff or JP court, you are entitled to the following fees [regulation 6 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].
£72.10 for work done for each client appearing from custody or on an undertaking for which a plea of guilty is tendered.
A sessional fee of £64.89 for the first case and £9.27 for each additional case where a plea of not guilty is tendered. 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.
A sessional fee of £64.89 for the first case and £9.27 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £93 for each such other session. Provided that the fee shall cover the appearance in court of the duty solicitor on behalf of the client as well as any interviews with the client or others.
“Session” has a particular meaning in the context of the criminal fees regulations, as a block of work carried out at any given time terminating only on completion of business for the day or on an adjournment by the court.
It is not open to you to unilaterally declare a new session simply because of the number of clients seen in relation to the per capita fees. You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.
If as the duty solicitor you are required to appear again after a plea of guilty or numerous adjournments from the court, an additional fee shall be payable for:
Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. This additional fee should not exceed £150. This duty follow-up limit includes the initial £72.10 payment in respect of the initial guilty plea.
The enhanced guilty plea payment is discounted from the follow-up cap. However, we have the discretion to increase the cap in exceptional cases. You should contact the Criminal Applications Department for prior authorisation.
You are also allowed an additional fee as the court duty solicitor making:
The amount of such additional fee should not exceed £150. We have a discretion to lift this cap in appropriate cases.
There is still provision for payment to be made to the court duty solicitor where you see a client in custody but prior to any court appearance the client:
The court duty solicitor can charge the per capita fee of £9.27, as appropriate.
The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.