Acting for more than one accused person in the proceedings


The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023.
This Guidance item has been amended to reflect the new regulations.
For the regulations in force prior to 29 April 2023, please refer to the archive Guidance item.

Where you act for more than one assisted person in the proceedings, whether under criminal legal aid or ABWOR or both, we will make a separate fixed payment for each assisted person.  This allows you to act for more than one assisted person where you do not consider there to be a conflict of interest.

If there is a change of solicitor, the solicitor to whom an accused person has been transferred is not acting for a co-accused, and this provision does not apply at all.  The solicitor to whom the case is transferred is entitled, in the usual way, to an equal share, 50% typically, of the fixed payment payable in respect of those proceedings, divided by the number of solicitors representing that accused in the proceedings.

Only the fixed payment is divisible in this way, the solicitor who actually undertook the work being entitled to the chargeable add-ons where appropriate.

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