Proceedings to which fixed payments do not apply

Notice

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.

Archive Version

Fixed payments do not apply to

excluded proceedings
automatic criminal legal aid where no other cover is available
summary legal aid or ABWOR cases in which exceptional case status is granted
miscellaneous ABWOR – for example, removal of a disqualification under regulation 3(g), (h), (i), (n), (r) and (t) of the ABWOR regulations
post-conviction proceedings under the 1995 Act, for example, a probation progress review, DTTO, community payback order under regulation 4 of the ABWOR regulations, and
proceeds of crime, where the client is other than an accused person under regulation 5 of the ABWOR regulations.

The exceptions are chargeable on a detailed basis applying either:

Schedule 1, Part I of the criminal fees regulations where summary criminal legal aid has been available, or
Schedule 3, Part I of the advice and assistance regulations where ABWOR has been made available.

Proceedings to which fixed payments apply

The fixed payments schedules