Outlays not included in fixed payment


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.

All other outlays normally chargeable in a criminal or ABWOR case, when subject to detailed accounting, are chargeable in fixed payments cases.  The more common outlays likely to be incurred, subject to the appropriate vouching, include:

  • employment of counsel (where sanctioned)
  • cost of an expert witness (where sanctioned)
  • sheriff officer’s costs in citing a witness (where postal service has been unsuccessful)
  • witness expenses (cost of travel/loss of earnings)
  • travelling expenses, for example mileage in attending court (not being a court in the town or place where you have a place of business) or prison
  • overnight subsistence and accommodation

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