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).

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