https://www.slab.org.uk/guidance-archive/post-conviction/
The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023.
This Guidance item reflects the regulations in force prior to that date.
For the regulations in force from 29 April 2023, please refer to the current Guidance section.
The inclusive fee payable under Schedule 1, paragraph 5 of Part 2, covers all work undertaken in relation to post-conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal
The fee is payable when a guilty verdict has been accepted or delivered.
However, the Notes on operation of Schedule 1, paragraph 5(h) also allows for detailed fees to be payable for post-conviction work additional to the inclusive fee where we are satisfied that the case raised unusually complex issues of fact.
It is not a matter of self-certification by you and it is only where we are satisfied that the criteria has been met that you can claim detailed fees over and above the inclusive fee.
You should make an application, briefly explaining the procedures that will result in additional work beyond attending deferred sentence diets, taking instructions and giving advice on appeal, via email to one of the following Accounts Specialists:
Baptieia@slab.org.uk robertsonmi@slab.org.uk or spenceal@slab.org.uk
There is no pre-defined list of procedures but we will normally be sympathetic to those situations where there is additional court-procedures, post-conviction, which extends beyond the work ordinarily associated with any deferred sentence itself and is not routinely encountered as part of those procedures.
Procedures which are covered under the grant of solemn legal aid, and which will normally justify payment on a detailed basis are:
This list is not exhaustive and you can make an application for any other proceedings or area of work, where appropriate.
Where an application is approved the detailed fees payable relate solely to the work specifically done in respect of the ‘non-standard’ procedure.
All work relating to standard post-conviction procedures including discussions, advice and representation including advising and giving an opinion on the prospects of any appeal continue to be covered by the inclusive fee.
Where work appears to cover both standard and non-standard elements of the post-conviction court procedures we will, based on the information available, exercise our discretion and make payment on a detailed basis of a reasonable sum to reflect the work associated with the non-standard procedures.
