A separate prosecution by way of the service of a complaint in summary proceedings is distinct proceedings needing a fresh application for summary criminal legal aid.
You are only entitled to make one application for summary criminal legal aid, where two or more complaints arise from the same incident [regulation 4(3)(a)]. This may also arise where a case is deserted and re-raised for some reason or in circumstances where a separate complaint is served on your client for failure to appear.
The following should be treated as a single matter:
Whether the complaints do arise out of the same incident is a question of facts and circumstances.
You cannot grant advice and assistance for the any breach of bail or failure to appear proceedings if you are already providing legal aid.
Circumstances where your client is not entitled to apply for further legal aid:
All work in connection with such proceedings is subsumed within the existing core fixed payment in the principal proceedings.
However, where legal aid has not been previously granted for the substantive proceedings, you can either apply for criminal legal aid or provide ABWOR.
You satisfy the following provisions when acting in cases of breach of bail and failure to appear proceedings:
Add-on fixed payments
Under the single grant you will be entitled to one core fixed payment or case disposal fee. Additional “add-on” fixed payments are also chargeable for attendances at trial, deferred sentences, etc. If you proceed to two separate trials for each complaint, with both trials lasting one day, you are entitled to charge at the “first day” level for the first trial and the “second day” level for the second trial.
Summary criminal legal aid is available for proceedings relating to a failure to comply with any other condition imposed on bail [sections 22ZA (1) (b), 22ZB or 27(1) (b) of the Criminal Procedure (Scotland) Act 1995.
These proceedings are chargeable at half the core fixed payment or case disposal fees in the JP and Sheriff court.
In relation to a case brought initially under solemn procedure, you do not have to make a fresh application for legal aid in the following situations:
Where an order is issued that the trial will take place at a different place from that of which notice was first given and it is not necessary that a new warrant should be granted for the incarceration of your client
If in doubt, check the position with us and confirm any telephone authority by notification.