Examples of proceedings arising from the same incident
The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023. This Guidance item was not affected but a copy has been placed with related guidance in the archive section for the regulations in force prior to 29 April 2023.
The most obvious example of complaints which arise out of the same incident is a road traffic case where the fiscal divides the charges, one of which relates to a charge of driving whilst disqualified, into two separate complaints. The Crown may prefer that this charge proceed on its own as the proof may involve leading the accused’s previous convictions. All other charges which would otherwise have been included in the same complaint will form a separate complaint. One complaint might call in the sheriff court and the other in the JP court.
However, the complaints arise out of the same incident and are deemed as one proceeding for the application of the Table of Fees set out in the schedules, whether fixed payment ABWOR, criminal legal aid or a mixture of the two is involved.