Home

Police station advice (pre and post 26 April 2019 but before 22 March 2021)

Table of fees [113] allowed to solicitors for advice and assistance in relation to Sections 32 and 44 of the Criminal Justice (Scotland) Act 2016

1.(a) Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client—
	(i)	voluntarily attends for interview,
	(ii)	is in custody,
	(iii)	voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody.
(b)	Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody.
(c)	(i)	Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during an unsocial time.
	(ii)	Where a fee under paragraph 5 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time.
2. In this part—
“unsocial time” means- (a) a Saturday, Sunday or specified holiday; (b) any time between 1900 hours and 0700 hours on any other day; “constable” means- (a) a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012; (b) a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003; (c) a person appointed under section 55(1) of the Energy Act 2004; (d) a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987; (e) a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971; (f) a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act; (g) a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005;
“mental disorder” has the meaning given in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
“specified holiday” means:

(a) New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day; (b) 2nd January or
(i) if it is a Saturday, 4th January; (ii) if it is Sunday, 4th January;
(c) Good Friday; (d) Easter Monday; (e) the first Monday in May; (f) 30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November; (g) Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day; (h) 26th December or
(i) if it is a Saturday, 28th December; (ii) if it is a Sunday, 28th December.

		Standard Rate where work is completed before 26 April 2019	Higher Rate where work is completed before 26 April 2019	Standard Rate where work is completed on or after 26 April 2019	Higher Rate where work is completed on or after 26 April 2019
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44.	£75.00	£99.75	£77.25	£102.75
4.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)—
(a)	aggregate time engaged or waiting is 2 hours or less; or	£115.00	£152.95	£118.45	£157.54
(b)(i)	aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and	£200.00	£266.00	£206.00	£273.98
(ii)	for each additional hour over 4 hours (or part thereof).	£50.00	£66.50	£51.50	£68.50
5.	Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3.	£30.00	£39.90	£30.90	£41.10
6.	Fee for travelling time in relation to personal attendance –
(a)	travel time engaged is 2 hours or less per half hour (or part thereof); and.	£11.60	£15.43	£11.95	£15.90
(b)	travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).	£11.60	£15.43	£11.95	£15.90