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 item.

It is important to understand exactly what proceedings are covered by the summary legal aid and ABWOR fixed payments.

For the purpose of identifying the extent of the summary proceedings for which a fixed payment is chargeable, regulation 4(3) states that,

“Except where proceedings have been brought under section 185 of the 1995 Act, for the purposes of the references to summary proceedings in paragraphs (1) and (1C) the following are to be treated as a single matter:

  • a single summary complaint or complaints which arise out of the same incident
  • proceedings under sections 22, 22ZA (1)(a), 27(1)(a), 28 and 150(8) of the 1995 Act (breach of bail conditions) arising out of the complaint, or complaints, above”

All charges contained within a complaint, no matter how diverse by reference to place, time or the nature of the charges form a single matter.

The single matter includes, as can be seen, other complaints arising out of the same incident and also a range of what would otherwise be separate proceedings for breach of bail conditions etc.


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