Appeals against sentence

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

• Paragraph 1 of Part 2, Chapters 1 and 2

This fee is payable at a standard rate depending on the status of counsel.

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

For example, where partial leave to appeal is granted, a further note of appeal may be required to make an application under Sections 107(8) and 187(7) of the 1995 Act to add additional grounds of appeal.

This fee is payable at a standard rate depending on the status of counsel.

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

For example, the court may request that further written submissions are lodged to address a particular point that could not reasonably have been addressed in the initial submissions.

This fee is payable at a standard rate depending on the status of counsel for the overwhelming majority of hearings of this nature.

It includes any consultation held on the same day.

This fee is payable at a standard rate depending on the status of counsel for the overwhelming majority of hearings of this nature.

It includes any consultation held on the same day.

“Hearings set down for half a day or longer or involving a sentence of imprisonment of 10 years or more (including life imprisonment and an order for lifelong restriction).”

The exception to the standard rate payable for hearings under (c) and (d) above applies where the criteria under paragraph 4 of the notes on the operation are met.  It states:

“In a hearing as specified in paragraph 1(c) or (d) or 2(b) of Chapter 1 or 2 of Part 2 of the Table of Fees which is set down for half a day or longer or where the appellant has been sentenced to a period of imprisonment of 10 years or more, to life imprisonment or where an order for lifelong restriction has been made, the fee payable shall be that in the range specified in paragraph 3(d) of Chapter 1 or 2 of Part 2 respectively”.

Where we are satisfied that a hearing of this nature meets one of the criteria set out here then we will allow a fee within the range under paragraph 3(d), subject to the guidance specifically relating to the assessment of a fee under that paragraph.

Where we are not satisfied we will allow the relevant fee under paragraph 1(c) or 1(d), as appropriate.

Where the sentence is an extended sentence under Section 210A of the Criminal Procedure (Scotland) Act 1995, we will take the aggregate of the term of imprisonment and the further extension period in order to establish the period of imprisonment.

For example, an eight-year imprisonment with a three-year extended sentence would be considered to be 11 years imprisonment for the purposes of this fee.

This fee is payable at a standard rate 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, on cause shown, where we are satisfied that this was necessary and not required as a result of an oversight by you .

For example, due to further developments in the case it may be necessary for you to provide a further opinion on the case.

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.