Appeals against conviction or conviction and sentence

The following paragraphs prescribe fees for work undertaken in relation to an appeal against conviction or conviction and sentence:

• Paragraph 3 of Part 2, Chapters 1 and 2

This fee is payable within a range of fees depending on the status of counsel.

Where you draft a further grounds of appeal we may allow this fee more than once where we are satisfied that this was necessary and not required as a result of an oversight by counsel.

Paragraph 8 of the Notes on Operation states:

“Where counsel is seeking a higher fee within the range under paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1, paragraph 2(a), (d), 3(a), (b), (e), 4(b), 6(d), (e), or 11 (written work) of Chapter 1 or 2 of Part 2, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3, he or she will need to justify this by reference to either or both of the following factors:—

1. the content rather than the length of the document; and
2. the amount of documentation necessarily referred to”.

Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before we pay this fee.

In support of a higher fee you may either provide us with a copy of the document, or provide a supporting narrative justifying the claim made with reference to these factors.

Where we are not satisfied we must allow a reasonable fee within the range and ask you to provide further information in support of the claim.

This fee is payable within a range of fees depending on the status of counsel.

Where you draft further written submissions we may allow this fee more than once where we are satisfied that this was necessary and not required as a result of an oversight by counsel.

Paragraph 8 of the Notes on Operation states:

“Where counsel is seeking a higher fee within the range under paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1, paragraph 2(a), (d), 3(a), (b), (e), 4(b), 6(d), (e), or 11 (written work) of Chapter 1 or 2 of Part 2, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3, he or she will need to justify this by reference to either or both of the following factors:—

1. the content rather than the length of the document; and
2. the amount of documentation necessarily referred to”.

Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before we pay this fee.

In support of a higher fee you may either provide us with a copy of the document, or provide a supporting narrative justifying the claim made with reference to these factors.

Where we are not satisfied we must allow a reasonable fee within the range and ask you to provide further information in support of the claim.

This fee is payable within a range of fees depending on the status of counsel.

Paragraph 6 of the Notes on Operation states:

“Where counsel is seeking a higher fee within the range under paragraph 3(d) or (da) or 6(a), (b), (c), (ca) or (cb) (hearings) of Chapter 1 or 2 of Part 2 he or she will need to justify this by establishing that due to the nature of the case an unusually high level of preparation was required or that any of the factors below exist and that they have had a significant effect on the conduct of the case:—

1. novelty of the issues of law;
2. unusually complex issues of fact;
3. issues of considerable legal significance”.

Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before we pay this fee.

Where a claim is made under this paragraph you must provide us with a supporting narrative justifying the claim made with reference to these factors.

Where we are not satisfied we must allow a reasonable fee within the range and ask you to provide further information in support of the claim.

This prescribes fees for procedural hearings on appeal against conviction or conviction and sentence.

The fee payable varies depending on the duration of the hearing.

Paragraph 11C of the notes on the operation states:

1. This paragraph applies in relation to a hearing on appeal against conviction or conviction and sentence if rule 15.15A (requirement for case and argument) of the Act of Adjournal (Criminal Procedure Rules) 1996 applies to all aspects of the appeal.
2. For the purposes of sub-paragraph (1), rule 15.15A is to be deemed to apply to an appeal if the court has ordered under rule 19.18A (presentation of summary conviction appeals in writing) of the Act of Adjournal (Criminal Procedure Rules) 1996 that rules 15.15A and 15.15B of those Rules are to apply to the appeal as if it were an appeal to which those rules apply.
3. In respect of a hearing in the course of an appeal against conviction or against conviction and sentence to which this paragraph applies, a fee is to be paid under paragraph 3(da) of Chapter 1, or as the case may be Chapter 2, of Part 2 of the Table of Fees.
4. In respect of a hearing in the course of an appeal against conviction or against conviction and sentence to which this paragraph does not apply, a fee is to be paid under paragraph 3(d) of Chapter 1, or as the case may be Chapter 2, of Part 2 of the Table of Fees.

In solemn conviction and sentence appeals the full appeal hearing continues to be charged under paragraph 3(d):

1. Where the hearing lasts fewer than three hoursThis fee is payable at a standard rate depending on the status of counsel.

2. Where the hearing lasts more than 3 hours, but fewer than 6 hours
3. Where the hearing last six hours or more:
   • (aa) for each six hour period
   • (ab) for any remaining period of fewer than three hours
   • (ac) for any remaining period of more than three hours

These fees are payable within a range of fees depending on the status of counsel.

Paragraph 6 of the notes on the operation states:

“Where counsel is seeking a higher fee within the range under paragraph 3(d) or (da) or 6(a), (b), (c), (ca) or (cb) (hearings) of Chapter 1 or 2 of Part 2 he or she will need to justify this by establishing that due to the nature of the case an unusually high level of preparation was required or that any of the factors below exist and that they have had a significant effect on the conduct of the case:—

1.  novelty of the issues of law;
2.  unusually complex issues of fact;
3.  issues of considerable legal significance”.

Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before you pay this fee.

Where a claim is made under this paragraph you must provide us with a supporting narrative justifying the claim made with reference to these factors.

Where we are not satisfied we must allow a reasonable fee within the range and ask you to provide further information in support of the claim.

This fee is payable within a range of fees depending on the status of counsel, for the majority of opinions.

Where you draft further opinion(s) we may allow this fee more than once where we are satisfied that this was necessary and not required as a result of an oversight by counsel.

Paragraph 8 of the notes on the operation states:

“Where counsel is seeking a higher fee within the range under paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1, paragraph 2(a), (d), 3(a), (b), (e), 4(b), 6(d), (e),  or 11 (written work) of Chapter 1 or 2 of Part 2, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3, he or she will need to justify this by reference to either or both of the following factors:—

1. the content rather than the length of the document; and
2. the amount of documentation necessarily referred to”.

 Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before we pay this fee.

Where a claim is made under this paragraph you may either provide us with a copy of the document, or a supporting narrative justifying the claim made with reference to these factors.

Where we are not satisfied we must allow a reasonable fee within the range and ask you to provide further information in support of the claim.

The exception to the above fee being payable is where the criteria under Paragraph 11F of the notes on the operation are met (an opinion concluding that there is no stateable appeal case) or where an opinion relates to an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions).

Please see guidance below in relation to these matters.