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 234 of the EEC Treaty
  • 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; and
  • 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.

You are entitled to reimbursement of any other outlays properly incurred.

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