The fixed payments available under the fixed payments regime are prescribed as follows:
Schedule 1 prescribes the core 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. This is the original structure with a range of “add-ons” in addition to the principal fixed payment for the case.
Schedule 1A prescribes the case disposal fee where criminal legal aid is made available in the sheriff court but the case does not proceed to trial beyond the first 30 minutes. This is the developed structure, subsuming a number of the former “add-ons”, prescribing the same fee where a case does not proceed to trial, whether the client plead guilty at the outset or not.
Schedule 1B prescribes the core fixed payment in the JP Court, and the case disposal fee in 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 core fixed payment under Schedule 1 is chargeable. Otherwise, the case disposal fee 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.