(Archive) Criminal fixed payment accounts

Notice

The Guidance listed in this page is Archive Guidance and is only relevant to the regulations in force prior to 29 April 2023.
For the Guidance in effect from this date please follow the link to current Guidance.

Current Version

Introduction to summary criminal fixed payments

What are fixed payments?
Proceedings to which fixed payments apply
Proceedings to which fixed payments do not apply
The fixed payments schedules
Bar on mixing fixed payments and detailed fees
Breach of bail etc. proceedings
Proceedings covered by fixed payments (the “single matter”)
Acting for more than one accused person in the proceedings
Proceedings arising out of the same incident
Single payment in a summary criminal case

Proceedings to which fixed payments do not apply

Exceptions to lodging a fixed payments account
Excluded proceedings
Exceptional cases

Fixed payments allowable in a case

The structure of fixed payments
First and second deferred sentence
Schedule 1 fee (the legal aid core fixed payment)
Schedule 1A fee (the legal aid case disposal fee in the sheriff court)
Schedule 1B fee (the ABWOR core fixed payment in the JP court)
Schedule 1B fee (the ABWOR case disposal fee in the sheriff court)
Section 174(1) appeal
Post-conviction hearings under ABWOR
The drug court
Travel
Subsumption of fees and outlays under advice and assistance (and ABWOR)

Outlays

Outlays included in the fixed payment fee
No payment can be made to a witness on the Crown list
Outlays not included in fixed payment
General regulations and standard of taxation – outlays
Employment of counsel and expert witnesses
Sanction for unusual work or unusually large expenditure
Certain outlays not chargeable under advice and assistance (and ABWOR)

Accounts and general issues

Submission and completion of the account synopsis form
Conclusion of proceedings
Criminal fees regulations and standard of taxation
Acting for more than one accused person in the proceedings
Payment on transfer of agency
ABWOR issues in fixed payment accounts
Waiting time
Duty solicitor plea – half fee

Appendix 1: Summary of Criminal fixed payment schedules

Summary of Schedule 1 – Part 1
Summary of Schedule 1 – Part 2 Drug Court
Summary of Schedule 1A – Part 1
Summary of Schedule 1A – Part 2 Drug Court
Summary of Schedule 1B – Part 1 (JP Court)
Summary of Schedule 1B – Part 2 Drug Court (JP Court)
Summary of Schedule 1B – Part 1 (Sheriff – Stipendiary Court)
Summary of Schedule 1B – Part 2 Drug Court (Sheriff – Stipendiary Court)

Appendix 2: Proceedings arising out the same incident

Examples of proceedings arising from the same incident
New complaint the same as previous complaint
New complaint: further charge arising from incident
Two separate complaints combined in a third
Examples of proceedings not arising from the same incident
New complaint: further charge from separate incident
Bail offences
Conditions to be met by an appointed solicitor