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.

Fixed payments do not apply to

  • excluded proceedings
  • automatic criminal legal aid where no other cover is available
  • summary legal aid or ABWOR cases in which exceptional case status is granted
  • miscellaneous ABWOR – for example, removal of a disqualification under regulation 3(g), (h), (i), (n), (r) and (t) of the ABWOR regulations
  • post-conviction proceedings under the 1995 Act,  for example breach of probation, DTTO, community payback order under regulation 4 of the ABWOR regulations, and
  • proceeds of crime, where the client is other than an accused person under regulation 5 of the ABWOR regulations.

The exceptions are chargeable on a detailed basis applying either

  • Schedule 1, Part I of the criminal fees regulations where summary criminal legal aid has been available, or
  • Schedule 3, Part I of the advice and assistance regulations where ABWOR has been made available.

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