https://www.slab.org.uk/guidance/hearings-opinions-and-written-submissions-in-other-appeal-proceedings/
https://www.slab.org.uk/guidance/hearings-opinions-and-written-submissions-in-other-appeal-proceedings/
The following paragraphs prescribe fees for a range of other appeal hearings, together with the fee for any related opinion or written submissions:
Appeals Conduct Other
This requires a distinct grant of legal aid in terms of regulation 4(1)(g) of the Criminal Legal Aid (Scotland) Regulations 1996.
This requires a distinct grant of legal aid in terms of regulation 4(1)(g) of the Criminal Legal Aid (Scotland) Regulations 1996.
Although contained within the Table of Fees for appeal proceedings these will arise in the context of Part 1 and Part 3 first instance claims.
This requires a distinct grant of legal aid in terms of regulation 4(1)(eb) of the Criminal Legal Aid (Scotland) Regulations 1996.
Although contained within the Table of Fees for appeal proceedings these may also arise in the context of Part 1 and Part 3 First Instance claims.
These fees are payable within a range of fees depending on the status of counsel
Paragraph 6 of the notes on the operation states:
“Where counsel is seeking a higher fee within the range under paragraph 3(d) or (da) or 6(a), (b), (c), (ca) or (cb) (hearings) of Chapter 1 or 2 of Part 2 he or she will need to justify this by establishing that due to the nature of the case an unusually high level of preparation was required or that any of the factors below exist and that they have had a significant effect on the conduct of the case:—
Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before we pay the fee.
Where a claim is made under this paragraph you must provide us with a supporting narrative justifying the claim made with reference to these factors.
Where you are not satisfied we must allow a reasonable fee within the range and invite you to provide further information in support of the claim.
This fee is payable within a range of fees depending on the status of counsel, for the majority of opinions.
This is the fee payable for an opinion on appeal procedures related to paragraphs (a) to (cb).
Where you draft further opinion(s) we may allow this fee more than once where we are satisfied that this was necessary and not required as a result of an oversight by counsel.
Paragraph 8 of the notes on the operation states:
“Where counsel is seeking a higher fee within the range under paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1, paragraph 2(a), (d), 3(a), (b), (e), 4(b), 6(d), (e), or 11 (written work) of Chapter 1 or 2 of Part 2, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3, he or she will need to justify this by reference to either or both of the following factors:—
Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before we pay this fee.
Where a claim is made under this paragraph you may either provide us with a copy of the document, or a supporting narrative justifying the claim made with reference to these factors.
Where we are not satisfied we must allow a reasonable fee within the range and invite you to provide further information in support of the claim.
The exception to the above fee being payable is where the criteria under Paragraph 11F of the notes on the operation are met (an opinion concluding that there is no stateable appeal case) or where an opinion relates to an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions).
Please see guidance below in relation to these matters.
This fee is payable within a range of fees depending on the status of counsel.
Where you draft further written submissions we may allow this fee more than once where we are satisfied that the further submissions were ordered by the court and not as a result of an oversight by counsel.
Paragraph 8 of the Notes on Operation states:
“Where counsel is seeking a higher fee within the range under paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1, paragraph 2(a), (d), 3(a), (b), (e), 4(b), 6(d), (e), or 11 (written work) of Chapter 1 or 2 of Part 2, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3, he or she will need to justify this by reference to either or both of the following factors:—
Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before we pay this fee.
In support of a higher fee you may either provide us with a copy of the document, or provide a supporting narrative justifying the claim made with reference to these factors.
Where we are not satisfied we must allow a reasonable fee within the range and ask you to provide further information in support of the claim.