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 regulations prescribe a range of fixed payments relating to the case itself and chargeable according to circumstances:
Schedule 1: the core fixed payment where summary criminal legal aid is being provided in the JP court, and in the sheriff court and the case proceeds to trial beyond the first thirty minutes
Schedule 1A: the core fixed payment in the sheriff court where criminal legal aid is being provided and the case does not proceed to trial beyond the first thirty minutes, and
Schedule 1B: the core fixed payment in the JP and sheriff court where ABWOR is being provided.
Regulation 4(1A) provides that fixed payments are payable only under Schedule 1 or 1A as an alternative to each other in circumstances where summary legal aid is provided, and this provision is restated at regulation 4(7A) where there has been a transfer of certificate.
The following paragraphs describe the principal fixed payments prescribed in the Schedules, in order, and how they fit into the payments structure.
Additional or “add-on” fixed payments under Schedule 1
The regulations also make provision for further “add-ons” (again not terminology used in the legislation but helpful to distinguish from fixed payments in respect of the case itself) for work that is not included in the fixed payment for the case, for example in respect of trial days, conduct of a deferred sentence etc.
You should refer to the relevant summary when lodging an account.