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.

Where the case is referred to the drug court by way of deferred sentence, DTTO or any other basis, it is still a “drug court case” chargeable by way of the further fixed payments

  • prescribed in Schedule 1, Part 2 (criminal legal aid)
  • if charged under Schedule 1A, in addition to the core fixed payment, with reference to Schedule 1, Part 2 (criminal legal aid)
  • Schedule 1B, Part 2 (ABWOR)

For example, if you have provided ABWOR as an appointed solicitor and the case is referred to the drug court either immediately or in due course, whether by way of deferred sentence or DTTO, the case continues under the original ABWOR certificate, each hearing being paid at the rate prescribed under Part 2.

Where the assisted person has been remanded in custody at or subsequent to the first calling at the case and is at any time during that remand under 21 years of age, there shall be payable in addition to the fixed payments specified in Part 2 of Schedule 1 an additional payment of £113.56.

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