Where no High Court indictment served

Where a High Court indictment has been served, or where no indictment is served but the offence is listed under regulation 3A of the Fees Regulations, the fees are chargeable under Part 1 (High Court).

3A. In relation to proceedings in the sheriff court where an indictment has not been served on the client for whom counsel has acted in those proceedings, the fees which may be payable are those prescribed in Chapters 1 and 2 of Part 1 of the Table of Fees in Schedule 2 if the proceedings relate to any of the following offences:

  1. murder
  2. multiple attempted murder
  3. culpable homicide
  4. rape, or an offence under section 1, 2, 3(2)(a) or any of sections 18 to 27 of the 2009 Act
  5. assault and robbery involving commercial premises
  6. importation of controlled drugs
  7. an offence under section 1 (causing death by dangerous driving), 3A (causing death by careless driving when under the influence of drink or drugs) or 3ZB (causing death by driving while unlicensed or uninsured) of the 1988 Act)
  8. an offence under the Explosive Substances Act 1883
  9. a firearms offence
  10. incest
  11. sodomy
  12. sedition
  13. treason
  14. torture
  15. war crimes
  16. an offence under the 2000 Act or the Terrorism Act 2006(b)
  17. an offence under section 1 or 4 of the Human Trafficking and Exploitation
    (Scotland) Act 2015(c).

In circumstances where the case concludes and no indictment to the High Court has been served we will allow the fees under Part 1, where the assisted person is charged on the petition with any of the above offences.

Until such time as the case has been indicted to the High Court or concluded without an indictment being served we can only allow Sheriff Court rates under Part 3 (Sheriff Court).

Fees for written work

In this section

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Fees for written work

Fees for a number of items of written work that are, in the main, payable separately and in addition to other fees chargeable in the case

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Fees for preliminary hearings and first diets (where the indictment is served on or after 25 September 2023)

Guidance on fees for work in preliminary hearings (under Section 72 of Criminal Procedure (Scotland) Act 1995), and first diets (under Section 71)

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Fees for early pleas (Section 76 Hearings)

Guidance on fees for a case which resolves by way of a section 76 plea

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Fees for trial days

Guidance on fees for counsel on trial diets

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Fees for miscellaneous hearings

Guidance for fees for Miscellaneous Hearings

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Fees for consultations, accused and counsel meetings and locus visits or where counsel require to view Joint Investigative Interviews

Guidance on fees for consultations, locus visits and viewing joint Investigative interviews.

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Fees for necessary notes

Guidance on fees for necessary notes

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Fees for travel, accommodation and subsistence

Guidance for criteria to be met for a supplementary fee to be payable for travel, accommodation and subsistence

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Waiting days

Guidance on requirements for charging for waiting days when attending court

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Preparation

Guidance on fees for separate preparation, with rules on when a fee is payable, and how to calculate the correct fee payable where reparation can be claimed

Schedule 2, Fees Payable under Part 1 (High Court) and Part 3 (Sheriff and Justice of the Peace Court)

Assessed fees chargeable where there is no prescribed fee

Guidance on where in criminal first instance proceedings fees are payable where no prescribed fee