First and second deferred sentence 


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.

The core fixed payment subsumes a first or second deferred sentence.  Where a case is transferred in circumstances where, for example, there are two solicitors each entitled to 50% of the total fixed payment, neither solicitor can charge for conducting the first and second deferred sentences, which are subsumed within the fixed payment for the case. The incoming solicitor is only entitled to claim for a third and subsequent deferred sentence, as would have been the situation had the case not been transferred.

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