Update on the legal aid fees for COP26 Cases & Non-COP26 cases at weekend courts

The following fees have been agreed by the Scottish Government for nominated and duty solicitors who are providing advice and representation to persons arrested or accused of COP26 related offences.

This also includes additional fees for non COP26 cases which are dealt with at a COP26 weekend court.

Further details on how these fees can be claimed will be issued shortly.

1. Summary Criminal trial fees for COP26 related cases

All COP26 related summary criminal cases that require to proceed to trial will be paid at twice the current trial rates at £1,157.22, with £216.30 for the first day and so on.

The fees are:

• Where a standard fixed payment would otherwise be payable following a Not Guilty plea – £1,157.22
• First day of trial, after 30 minutes – £216.30
• Second day of trial – £432.60
• Third and subsequent days of trial – £865.20
• Deferred sentences – £108.16 for the third and subsequent hearings.

2. Criminal ABWOR fees

All COP26 related criminal ABWOR fees, where ABWOR is provided by nominated or appointed solicitors, will be paid at a higher fee of £578.61.

A fee of £108.16 will be payable for the representation in court, per appearance, at a third and subsequent deferred sentence hearing, where the hearing relates to one or more than one complaint.

3. Duty Solicitor On-Call Fee

Each firm required to be available for duty during the COP26 period shall receive a £350 daily rate for being available to cover a police station or custody court.

4. Court Duty Solicitor – Fees for Guilty pleas

In respect of each plea of guilty, £578.61 will be payable.

5. Court Duty Solicitor – Fees for Not Guilty pleas and cases continued without plea

For each Not Guilty plea made and for cases continued without plea, a fee of £68.14 will be paid.

6. All Solicitors – Police Station Interviews for COP26 related cases

Any police station interview undertaken will be paid at an enhanced rate, equivalent to the usual higher unsociable hours’ rate, for up to 4 hours at £287.68 per case and £71.93 per hour thereafter.

7. All Solicitors – Police Station Consultations for COP26 related cases

Any Police Station consultations by phone or in person will be paid at the rate of £124.38 per case.

8. Non COP26 Cases at Weekend Courts

The following enhanced fees will also apply to non COP26-related cases which appear in the COP26 weekend custody courts in Glasgow, Edinburgh, Aberdeen, Hamilton, Paisley and Falkirk. These fees apply to cases dealt with at the weekend court only, and do not continue to apply to cases which are continued to another weekday. 

Duty Solicitors

• Each plea of guilty – £578.61, with the fees in respect of a third or subsequent hearing at £54.08 where the hearing relates to one complaint; or £81.12 where the hearing relates to more than one complaint
• For each plea of not guilty or where the case is adjourned – £68.14.

Nominated Solicitors

• ABWOR cases provided by nominated or appointed solicitors will be paid the enhanced core fee of £578.61.
• For each Not Guilty plea made and for cases continued without plea – £68.14.