The Criminal Legal Aid (Fixed Payments and Assistance by Way of Representation) Miscellaneous Amendment (Scotland) Regulations 2014


Wednesday, Nov 26, 2014

A number of meetings with local faculties are being held around the country to explain the changes coming into effect on Monday 15 December as a result of new regulations laid in the Scottish Parliament.

The Criminal Legal Aid (Fixed Payments and Assistance by Way of Representation) Miscellaneous Amendment (Scotland) Regulations 2014 are due to come into force next month.

These regulations include some minor changes to the fees, clarification of the definitions of some matters like deferred sentences and stipendiary cases, and make ABWOR available for the first time for non custody cases which resolve after a Continued Without Plea (CWP), but with no second court appearance.

In brief, the changes will:

  1. Define what constitutes a “diet of deferred sentence”;
  2. Make clear where a single payment applies in breach of bail/failure to appear cases;
  3. Make clear what the payment arrangements are for multiple ABWOR grants and pleas on the same day;
  4. Clarify when the ½ fee applies when the duty solicitor tenders a plea of not guilty and summary criminal legal aid is subsequently granted;
  5. Make clear that exceptional status, if granted, can apply to summary criminal and ABWOR cases which don’t proceed beyond the first 30 minutes of the trial;
  6. Make clear when the higher Stipendiary fees can be claimed for cases marked for prosecution before a Stipendiary Magistrate;
  7. Add new cases where a ½ breach of bail fee is payable namely where the breach is under S22(ZA)(1b) and 22ZB;
  8. Change the breach of bail appeal fee to the correct ½ fee based on the current rates rather than the pre 22 March 2011 fee;
  9. Change the multiple deferred sentence fee to make clear that the enhanced fee only applies when a fee for a Deferred Sentence is payable;
  10. Amend the ABWOR regulations to allow for payment in non custody CWP cases in relation to any diet adjourned under section 145 of the 1995 Act, where the case is resolved without a second court appearance.

More details about the changes will be circulated nearer the date of commencement, and the Criminal Legal Assistance Handbook will also be fully updated with the details of these changes.

In addition, a number of local meetings with local faculties are being held around the country to explain the changes. These meetings will be jointly held with COPFS presenting the opportunity to discuss communication arrangements with the Crown and the use of Criminal Justice Secure e-mail. These meetings will be held as follows:

  • Glasgow: 27 November, 5.30 pm at Glasgow Sheriff Court
  • Paisley: 3 December, 4.00pm at Paisley Sheriff Court
  • Edinburgh: 4 December, 4.00pm at Edinburgh Sheriff Court
  • Dundee: 10 December, 1.00pm at Dundee Sheriff Court
  • Hamilton: 10 December, 4.15pm at Hamilton Sheriff Court
  • Aberdeen: 12 December, 1.00pm at Aberdeen Sheriff Court.
  • Kilmarnock: 16 December, 4.00pm at Kilmarnock Sheriff Court

For more information, please contact:

Kingsley Thomas, Head of Criminal Legal Assistance, Tel – 0131 240 2085 or thomaski@slab.org.uk

Steven Carrie, Senior Accounts Specialist, Tel - 0131 240 2054 or carriest@slab.org.uk


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