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.

Proceedings prescribed under regulation 4(3)(b) from time to time, currently proceedings under sections 27(1)(a), 28 or 150(8) of the 1995 Act or paragraph 1(1)(b) of schedule 1 of the Criminal Justice (Scotland) Act 2016, form part of the “proceedings” for which the prescribed fixed payments are chargeable.

In the event that a separate complaint is served in respect of any of these matters in the context of any substantive summary proceedings where relevant summary criminal legal aid or ABWOR is (or becomes) available, it shall be subsumed within the core fixed payment.

Your client is not entitled to separate ABWOR or to apply for a further summary criminal legal aid certificate.

This is in contra-distinction to proceedings under sections 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016, for which a separate grant of legal aid is required and fixed fee is payable.

In this section