Application E-form for increase in duty capped limit/duty sanction
We have the discretion to increase the duty solicitor follow-up cap in exceptional cases.
The ability to remove the follow-up cap was seen as necessary to deal with truly exceptional circumstances, such as ECHR issues, or other complicated preliminary matters which require to be undertaken under the duty scheme.
In addition, where there has been a significant number of appearances, this is also a factor which can be taken into account.
Please remember that the work claimed will be assessed and paid within the scope of the duty solicitor regulations, in particular, Regulation 6(2) of the Criminal Legal Aid(Scotland) Fees Regulations 1989.