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.

The fixed payments available under the fixed payments regime are prescribed as follows:

  • Schedule 1 prescribes the fixed payment where criminal legal aid is made available in the JP court, and in the sheriff court where the case proceeds to trial beyond the first 30 minutes.
  • Schedule 1A prescribes the fixed payment where criminal legal aid is made available in the sheriff court but the case does not proceed to trial beyond the first 30 minutes.
  • Schedule 1B prescribes the core fixed payment in the JP Court and the sheriff court, both where ABWOR is being provided.

Schedules 1 and 1A are alternate fees, Schedule 1A relating only to sheriff court proceedings.

A trial must exceed 30 minutes in length and generate the additional “first day” fee before the  fixed payment under Schedule 1 is chargeable.  Otherwise, the fixed payment under Schedule 1A is the appropriate fee.

Additional fixed payments, referred to as “add-ons” to distinguish them from the principal fixed payment for the case, are chargeable according to circumstances. You should refer to the relevant Summary Appendix when preparing an account under the appropriate Schedule.

The fixed payments chargeable differ according to whether the case is heard in the JP court or in the sheriff court.  Sheriff court cases attract higher rates of payment because of the greater sentencing powers available and because such cases are likely to be more complex.

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