Bar on mixing fixed payments and detailed fees

Notice

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.

Archive Version

Where you provide criminal legal assistance, whether summary criminal legal aid or ABWOR, where a fixed payment has been prescribed, you are not entitled to any other payment out of the Fund in respect of your fees and outlays included in the fixed payment (listed at regulation 4(2) of the regulations), except in the following circumstances, all in circumstances where excluded proceedings take place beyond the summary court proceedings, and are chargeable in addition:

any reference in connection with proceedings under Article 267 of the Treaty of the Functioning of the European Union
any reference (as distinct from an appeal) on a devolution issue under paragraph 9, Schedule 6 to the Scotland Act 1998
proceedings under section 5 of the International Criminal Court Act 2001
proceedings in an appeal to the High Court under section 174(1) of the 1995 Act.

In practice, only proceedings under section 174 are likely to arise in the course of a case.

The fixed payments schedules

Breach of bail etc. proceedings