Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

1 Citation and commencement
2 Interpretation
3 Application
4 Fixed payments allowable to solicitors
4A Exceptional cases
5 Submission of accounts
6 Consequential

 

Schedule 1 Fees allowable to solicitor – Trial more than 30 minutes
Schedule 1A Fees allowable to solicitor – Trial less than 30 minutes
Schedule 1B Fees allowable to solicitor – ABWOR
Schedule 2 Specified sheriff courts

 

As amended by (older instruments omitted):

The Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015 [S.S.I. No. 337]

The Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017 [S.S.I. 2017 No. 466]

The Legal Aid and Advice and Assistance (Scotland)(Miscellaneous Amendments) Regulations 2019 [S.S.I 2019 No.78

The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 [ S.S.I. 2020 No. 191]

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 [S.S.I. 2021 No.56]

Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022 [S.S.I. 2022 No 30] in force from 1st April

 


 

The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

1999 No. 491

Made: 28 February 1999
Laid before Parliament: 2 March 1999
Coming into force: 1 April 1999

 

The Secretary of State, in exercise of the powers conferred on him by sections 33 and 41A of the Legal Aid (Scotland) Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

 

Citation and commencement

   1.—(1)   These Regulations may be cited as the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 and shall come into force on 1 April 1999.

Interpretation

   2.—(1)   In these Regulations, unless the context otherwise requires—

“the Act” means the Legal Aid (Scotland) Act 1986;

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;

“adjourned trial diet” means a diet that follows a trial that has commenced by the leading of evidence;

“assisted person” means a person to whom criminal legal aid or (as the case may be) assistance by way of representation has been made available in relation to the proceedings in question;

“continued diet” means a diet which takes place on a separate date from the diet at which a victim statement is laid before the court;

“court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;

“diet of deferred sentence” includes those diets where the case has been adjourned for inquiries or reports under section 201 (power of court to adjourn case before sentence), section 202 (deferred sentence) or section 203 (reports) of the 1995 Act;

“excluded proceedings” means—

(a)   summary proceedings arising following a reduction from solemn proceedings;

(b)   proceedings in relation to which legal aid is only available by virtue of section 22(1)(a) of the Act (identification parades held by or on behalf of the prosecutor in contemplation of criminal proceedings);

(c)   proceedings in relation to which legal aid is only available by virtue of section 22(1)(c) of the Act (assisted person in custody or liberated by police on undertaking to appear), except where those proceedings are before a court which has been designated as a drug court by the sheriff principal;

(d)   proceedings in relation to which legal aid is only available by virtue of section 22(1)(da) of the Act (plea of insanity in bar of trial);

(e)   proceedings in relation to which legal aid is only available by virtue of section 22(1)(db) of the Act (examination of facts);

(f)   proceedings in relation to which legal aid is made available by virtue of regulation 15 of the Criminal Legal Aid (Scotland) Regulations 1996 (matters of special urgency);

(g)   any reference in connection with proceedings under article 267 of the Treaty of the Functioning of the European Union;

(h)   any reference on a devolution issue under paragraph 9 of Schedule 6 to the Scotland Act 1998;

(i)   proceedings under Section 9 of the Extradition Act 1989;

(j)    proceedings under Section 5 of the International Criminal Court Act 2001;

(k)   proceedings in relation to which legal aid is only available by virtue of section 22(1)(dd) of the Act (solicitor appointed by court for person accused of sexual offence);

(l)   proceedings in an appeal under section 174(1) (appeals relating to preliminary pleas) of the 1995 Act;

(m)   any reference on a compatibility issue under section 288ZB(1) or (2) of the 1995 Act;

(n)   where a client to whom section 32 of the Criminal Justice (Scotland) Act 2016 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2) of that Act or a right to consultation under section 44 of that Act;

(o)   where there has been an application for authorisation for questioning by a prosecutor under section 36(1)(a) of the Criminal Justice (Scotland) Act 2016;

“holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014

“proof in mitigation” includes those diets where a proof in mitigation takes place at the same time as a proof of a victim statement;

“relevant ABWOR” means assistance by way of representation provided by a solicitor in relation to summary criminal proceedings other than excluded proceedings;

“relevant criminal legal aid” means criminal legal aid provided by a solicitor in relation to summary proceedings other than excluded proceedings;

“victim statement” means a statement made for the purposes of Section 14 of the Criminal Justice (Scotland) Act 2003.

   (2)   In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to one of these Regulations.

(2)   For the purposes of these Regulations, a trial, proof in mitigation or proof of a victim statement shall be taken to commence when the first witness is sworn.

Application

   3.—(1)   For the purposes of these regulations, the references in section 33(3A) and (3B) of the Act to criminal legal assistance relate to relevant criminal legal aid and relevant ABWOR.

   (2)   These Regulations shall apply —

(a)   in respect of relevant criminal legal aid first made available in terms of sections 22 or 24(7) of the Act, only in relation to any case where criminal legal aid is first so available on or after 1 April 1999; and

(b)   in respect of relevant criminal legal aid first made available otherwise, only in relation to any case where an application for criminal legal aid is granted on or after that date.

   (3)   These Regulations apply also in respect of relevant ABWOR.

Fixed payments allowable to solicitors

   4.—(1)   There shall be made to a solicitor who provides relevant criminal legal aid in summary proceedings, in respect of the professional services provided by him and the outlays specified in paragraph (2) below, and in accordance with the provisions of this regulation, the fixed payments specified in Schedule 1 or 1A.

(1A)   In the application of paragraph (1) above in relation to the assisted person’s case, fixed payments are payable under one of those Schedules only (as alternatives to each other) where —

(a)   Schedule 1 is for the purpose of—

(i)   cases in the JP court (other than before a stipendiary magistrate);

(ii)   cases in the JP court (before a stipendiary magistrate) or the sheriff court which proceed beyond the first 30 minutes of a trial;

(b)   Schedule 1A is for the purpose of cases in the JP court (before a stipendiary magistrate) or the sheriff court which do not so proceed.

   (1B)   Those Schedules are to be read and applied accordingly.

(1C)   There is to be made (in accordance with the other provisions of this regulation) to a solicitor who provides relevant ABWOR in summary proceedings, in respect of the professional services provided by the solicitor and the outlays mentioned in paragraph (2) below, the fixed payments specified in Schedule 1B.

(1D)   Schedule 1B is for the purpose of cases in the JP court (before a stipendiary magistrate or otherwise) or the sheriff court.

(2)   TThe outlays specified in this paragraph are all outlays in connection with —

(a)   the taking, drawing, framing and perusal of precognitions;

(b)   the undertaking by another solicitor of any part of the work; and

(a)   photocopying.

   (3)   Except where proceedings have been brought under section 185 of the 1995 Act, for the purposes of the references to summary proceedings in paragraphs (1) and (1C) above the following are to be treated as a single matter —

(a)   a single summary complaint or complaints which arise out of the same incident; and

(b)   proceedings under section , 27(1)(a), 28 or 150(8) of the 1995 Act or paragraph 1(1)(b) of schedule 1 of the Criminal Justice (Scotland) Act 2016 arising out of the complaint or complaints referred to in sub-paragraph (a).

   (4)   Where in such proceedings a solicitor acts for more than one assisted person a separate fixed payment shall be made to him in respect of each such assisted person, in accordance with paragraph (5) below.

(5)   Where a solicitor represents 2 or more assisted persons he shall be paid in respect of the first assisted person 100% of such of the fixed payments as are appropriate to that assisted person, in respect of a second assisted person 40% of the appropriate fixed payments, and in respect of a third and each subsequent assisted person 20% of those payments.

(5A)   Where —

(a)   a solicitor provides relevant ABWOR to an assisted person when, in the same court on the same day, that person is first brought before a court to answer to two or more summary complaints which are not to be treated as a single matter by virtue of paragraph (3); and

(b)   a guilty plea is tendered to a charge libelled in any of the complaints at the first diet at which the assisted person was called upon to plead, resulting in the disposal of the case.

the amount payable under paragraph 1 of Part 1 of schedule 1B is 100% of the prescribed amount in respect of the first complaint, 40% of that amount in respect of the second complaint and 20% in respect of any other complaints.

   (5B)   Except where paragraph (5C) applies, the amount payable under paragraph 1 of Part 1 of Schedule 1 or, as the case may be, paragraph 1 of Schedule 1A is half the amount that would otherwise be payable if the assisted person.

(a)   was represented by a solicitor arranged by the Board to provide criminal legal aid in accordance with regulation 7(1) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011;

(b)   tendered a plea of not guilty to any charge libelled in a complaint at the first diet at which the assisted person was called upon to plead; and

(c)   before the commencement of the trial tendered a plea of guilty to that charge or any other charge in that complaint resulting in the disposal of the case.

   (5C)   This paragraph applies where during the emergency period the solicitor referred to in paragraph (5B)(a) appeared on behalf of the assisted person as a consequence of being instructed to do so by another solicitor who

(a)   was instructed by the assisted person (whether or not an assisted person at that time); and

(b)   has (or has had) a solicitor and client relationship with the accused that is demonstrable, to the satisfaction of the Board, by reference to circumstances apart from those relating solely to the appearance.

   (5D)   For the purposes of this regulation “emergency period” means the period beginning on 1 July 2020 and ending on the date on which Part 9 of schedule 4 of the Coronavirus (Scotland) Act 2020(b) expires in accordance with section 12 of that Act.

(6)   Where a solicitor represents an assisted person who has been remanded in custody at or subsequent to the first calling of the case and that assisted person is at any time during that remand under 21 years of age the fixed payment specified in paragraph 1 of Part 1 of Schedule 1 shall be increased by £113.56

(6ZA)   Where paragraphs (5B) and (6) both apply, the amount payable under paragraph 1 of Part 1 of Schedule 1 is to be halved in accordance with paragraph (5B) and £113.56 added to the quotient in accordance with paragraph (6)

(6A)   [Revoked]

(7)   Where the Board grants an application for a change of solicitor under regulation 17(3) of the Criminal Legal Aid (Scotland) Regulations 1996 there shall be paid to each of the solicitors who act for the assisted person in the relevant proceedings—

(a)   an equal part of the total amount payable under paragraph 1 of Part 1 of Schedule 1 or (as the case may be) under paragraph 1 of Schedule 1A; and

(b)   where Schedule 1 applies, the amounts payable under paragraphs 2 to 13 of Part 1 of Schedule 1 shall be payable to the solicitor who carries out the work described in those paragraphs; and

(c)   where Schedule 1A applies, the amounts payable under paragraph 1 of Schedule 1A so far as applying by reference to paragraphs 10, 10AA and 13 of Part 1 of Schedule 1, or under paragraph 2 of Schedule 1A, are payable to the solicitor who carries out the work concerned (despite, in the case of paragraph 1 of Schedule 1A, the reference in sub paragraph (a) above to that paragraph).

   (7A)   Paragraph (7) above is subject to paragraph (1A) above (and, accordingly, does not affect the restriction imposed by it).

(7B)   Where, in relation to relevant ABWOR, there is a change of solicitor by virtue of regulation 14A(2) and (3) of the Advice and Assistance (Scotland) Regulations 1996(4), there is to be paid—

(a)   to each of the solicitors who act for the assisted person in the relevant proceedings, an equal part of the total amount payable under paragraph 1 or 2 of Part 1 of Schedule 1B; and

(b)   to the solicitor who carries out work described in the other paragraphs of that Part of that Schedule, the amount payable under those paragraphs in respect of the work.

   (8)   Where the work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of payments allowed to the solicitor an amount equal to the amount of value added tax chargeable.

(9)   Where a solicitor represents an assisted person (having relevant criminal legal aid) in a court which has been designated as a drug court by the sheriff principal —

(a)   Part 1 of Schedule 1 shall not apply to those proceedings; and

(b)   Where that assisted person has been remanded in custody at or subsequent to the first calling at the case and is at any time during that remand under 21 years of age, there shall be payable in addition to the fixed payments specified in Part 2 of Schedule 1 a payment of £113.56

   (10)   Where a solicitor represents an assisted person (having relevant ABWOR) in a court which has been so designated—

(a)   Part 1 of Schedule 1B does not apply; and

(b)   the fixed payment specified in Part 2 of that Schedule is payable instead

Exceptional cases

   4A.—(1)   A solicitor who provides relevant criminal legal aid or relevant ABWOR shall —

(a)   where the circumstances prescribed at paragraph (3) exist; and

(b)   subject to the conditions prescribed at paragraph (5),

      instead of receiving the fixed payments specified (as the case may be) in Schedule 1 , Schedule 1A or Schedule 1B, be paid out of the Fund in accordance with regulations made under section 33(2) and (3) of the Act.

(2)   It shall be for the Board to determine whether the circumstances prescribed at paragraph (3) exist, and whether the conditions prescribed at paragraphs (5) and (9) are met.

(3)   The circumstances referred to in paragraph (1)(a) are where are an assisted person would be deprived of the right to a fair trial in any case because of the amount of the fixed payments payable for the criminal legal assistance provided.

(4)   The factors to be taken into account by the Board in considering whether the circumstances prescribed at paragraph (3) exist shall include—

(a)   the number, nature and location of witnesses;

(b)   the number and nature of productions;

(c)   the complexity of the law (including procedural complexity);

(d)   whether the assisted person, or any witnesses, may be unable to understand the proceedings because of age, inadequate knowledge of English, mental illness, other mental or physical disability or otherwise.

   (5)   The conditions referred to in paragraph (1)(b) are as follows—

(a)   the solicitor providing relevant criminal legal aid or relevant ABWOR shall make an application to the Board—

(i)   in such manner and form, which may include an online form ; and

(ii)   containing such information,

   as it may specify, at as early a stage in the provision of the relevant criminal legal aid or relevant ABWOR as is reasonably practicable and that solicitor shall, if required by the Board to do so, supply such further information or such documents as the Board may require to enable it to determine the application; and

(b)

(b)   (b) the number and nature of productions;

   (6)   An application for a review under section 33(3K) of the Act shall—

(a)   [Revoked]

(b)   subject to paragraph (7), be lodged with the Board within 15 days of the time when notice of refusal of the application was given to the applicant;

(c)   include a statement of any matters which the applicant wishes the Board to take into account in reviewing the application; and

(d)   be accompanied by such additional precognitions and other documents as the applicant considers to be relevant to the review.

   (7)   Paragraph (6)(b) shall not apply where the Board considers that there is a special reason for it to consider a late application for review.

(8)   Where the Board has granted an application for a change of solicitor under regulation 17(3) of the Criminal Legal Aid (Scotland) Regulations 1996, any solicitor who provided relevant criminal legal aid prior to that grant shall, where the Board has determined that the circumstances prescribed at paragraph (3) exist, instead of receiving the fixed payments specified in Schedule 1, be paid out of the Fund in accordance with regulations made under section 33(2) and (3) of the Act.

(9)   A solicitor to whom paragraph (8) applies shall only be paid where that solicitor has kept proper records of all professional services provided by way of and outlays incurred in the provision of that relevant criminal legal aid.

(10)   Where the Board has granted an application for change of solicitor under regulation 14A(2) of the Advice and Assistance (Scotland) Regulations 1996, any solicitor who has provided relevant ABWOR prior to that grant is, where the Board has determined that the circumstances prescribed at paragraph (3) exist, instead of receiving the fixed payments specified in Schedule 1B, to be paid out of the Fund in accordance with regulations made under section 33(2) and (3) of the Act.

   (11)   A solicitor to whom paragraph (10) applies is only to be paid where that solicitor has kept proper records of all professional services provided by way of, and outlays incurred in the provision of, that relevant ABWOR.

Submission of accounts

  5.—(1)   A claim for a fixed payment in accordance with these Regulations shall be made by submitting to the Board not later than 4 months after the date of conclusion of the proceedings in respect of which the relevant legal aid or assistance was granted, an account specifying the fixed payments which are claimed in relation to the proceedings, together with any fees and outlays which are claimed in relation to those proceedings by virtue of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 or the Advice and Assistance (Scotland) Regulations 1996.

   (2)   The Board may accept accounts submitted later than the 4 months referred to in paragraph (1) if it considers that there is special reason for late submission.

Consequential

   6.   . In the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 at the beginning of regulation 3 (fees and outlays to which the Regulations apply) insert —

      “Subject to the provisions of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999,”.

 

  • Henry McLeish
  • Minister of State,
  • Scottish Office

St Andrew’s House, Edinburgh

28 February 1999

 

 

Schedule 1 Fees allowable to solicitor – Trial more than 30 minutes
Schedule 1A Fees allowable to solicitor – Trial less than 30 minutes
Schedule 1B Fees allowable to solicitor – ABWOR
Schedule 2 Specified sheriff courts

 

Schedule 1 - Part 1 & 2

  • Part 1: Applying to a case where criminal legal aid granted on or after 1 April 2022

     

     

    [As amended by SSI 2022 No 30 in force 1 April 2022]

    SCHEDULE 1

    PART I

     

    Where professional services are provided in relation to proceedings in the JP Court Where professional services are provided in relation to proceedings in the sheriff court (other than proceedings in a Court specified in schedule 2) Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
    1. All work up to and including: £335.01; or

    £306.62 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.

    £550.76; or

    £522.37 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.

    £607.55; or

    £579.15 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.

    (i) any diet at which a plea of guilty is made and accepted or plea in mitigation is made;
    (ii) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies;
    (iii) the first 30 minutes of conducting any trial;
    (iiia) a first or second diet of deferred sentence; and
    (iv) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that specified in paragraphs 2-13 below.
    2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. £167.51 £275.39 £275.39
    3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. £28.40 £56.79 £56.79
    4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). £56.79 £113.56 £113.56
    4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings. £28.40 £56.79 £56.79
    4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence. £56.79 £113.56 £113.56
    5. Conducting a trial or proof in mitigation for the second day. £56.79 £227.12 £227.12
    6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). £113.56 £454.23 £454.23
    7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence. £56.79
    8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). £227.12
    9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). £227.12
    10. Representation per appearance— £28.40 £56.79 £56.79
    (a) in a court which has been designated as a youth court by the sheriff principal;
    (b) in a court which has been designated as a domestic abuse court by the sheriff principal;
    (c) at a hearing in respect of a community supervision order
    10ZA. Representation in a court, per appearance, at a deferred sentence hearing other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence. £28.40 where the hearing relates to one complaint;

    or

    £42.60 where the hearing relates to more than one complaint

    £56.79 where the hearing relates to one complaint;

    or

    £85.18 where the hearing relates to more than one complaint

    £56.79 where the hearing relates to one complaint;

    or

    £85.18 where the hearing relates to more than one complaint

    10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). £28.40 £28.40 £28.40
    11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid. £28.40 £28.40 £28.40
    12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. £28.40 £28.40 £28.40
    13. (a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) or (c) below. £56.79 £56.79 £56.79
    (b) Representation in such an appeal where counsel not employed. £34.08 £34.08 £34.08
    (c) Representation at a continued diet in such an appeal where counsel not employed. £34.08 £34.08 £34.08

     

    PART 2

    Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the sheriff principal
    1. All work done under section 22 (1)(c) of the Act up to and including the first appearance of an assisted person. £113.56
    2. All work done (other than work done in terms of paragraph 1) in connection with any appearance of an assisted person (per appearance). £56.79

     

  • Part 1: Applying to a case where criminal legal aid granted on or after 22 March 2021 but before 1 April 2022

     

    [As amended by SSI 2021 No 56 in force 22 March 2021]

    SCHEDULE 1

    PART I

     

    Where professional services are provided in relation to proceedings in the JP Court Where professional services are provided in relation to proceedings in the sheriff court (other than proceedings in a Court specified in schedule 2) Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
    1. All work up to and including: £319.05; or

    £292.01 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.

    £524.53;

    £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.

    £578.61; or

    £551.57 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.

    (i) any diet at which a plea of guilty is made and accepted or plea in mitigation is made;
    (ii) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies;
    (iii) the first 30 minutes of conducting any trial;
    (iiia) a first or second diet of deferred sentence; and
    (iv) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that specified in paragraphs 2-13 below.
    2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. £159.53 £262.27 £262.27
    3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. £27.04 £54.08 £54.08
    4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). £54.08 £108.15 £108.15
    4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings. £27.04 £54.08 £54.08
    4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence. £54.08 £108.15 £108.15
    5. Conducting a trial or proof in mitigation for the second day. £54.08 £216.30 £216.30
    6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). £108.15 £432.60 £432.60
    7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence. £54.08
    8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). £216.30
    9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). £216.30
    10. Representation per appearance— £27.04 £54.08 £54.08
    (a) in a court which has been designated as a youth court by the sheriff principal;
    (b) in a court which has been designated as a domestic abuse court by the sheriff principal;
    (c) at a hearing in respect of a community supervision order
    10ZA. Representation in a court, per appearance, at a deferred sentence hearing other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence. £27.04 where the hearing relates to one complaint;

    or

    £40.57 where the hearing relates to more than one complaint

    £54.08 where the hearing relates to one complaint;

    or

    £81.12 where the hearing relates to more than one complaint

    £54.08 where the hearing relates to one complaint;

    or

    £81.12 where the hearing relates to more than one complaint

    10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). £27.04 £27.04 £27.04
    11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid. £27.04 £27.04 £27.04
    12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. £27.04 £27.04 £27.04
    13. (a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) or (c) below. £54.08 £54.08 £54.08
    (b) Representation in such an appeal where counsel not employed. £32.45 £32.45 £32.45
    (c) Representation at a continued diet in such an appeal where counsel not employed. £32.45 £32.45 £32.45
  • Part 1: Applying to a case where criminal legal aid granted on or after 26 April 2019 but before 22 March 2021

    Part 1 of Schedule 1 of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999

    Where professional services are provided in relation to proceedings in the JP Court Where professional services are provided in relation to proceedings in the sheriff court (other than proceedings in a Court specified in schedule 2) Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
    1. All work up to and including: £303.85; or £499.55; £551.05; or
    (i) any diet at which a plea of guilty is made and accepted or plea in mitigation is made; £278.10 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below £473.80 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below £525.30 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below
    (ii) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies;
    (iii) the first 30 minutes of conducting any trial;
    (iiia) a first or second diet of deferred sentence; and
    (iv) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that specified in paragraphs 2-13 below.
    2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act([1]) or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016([2]). £151.93 £249.78 £249.78
    3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act([3]) including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. £25.75 £51.50 £51.50
    4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). £51.50 £103.00 £103.00
    4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings. £25.75 £51.50 £51.50
    4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence. £51.50 £103.00 £103.00
    5. Conducting a trial or proof in mitigation for the second day. £51.50 £206.00 £206.00
    6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). £103.00 £412.00 £412.00
    7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence. £51.50
    8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). £206.00
    9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). £206.00
    10. Representation per appearance— £25.75 £51.50 £51.50
    (a) in a court which has been designated as a youth court by the sheriff principal;
    (b) in a court which has been designated as a domestic abuse court by the sheriff principal;
    (c) at a hearing in respect of a community supervision order
    10ZA. Representation in a court, per appearance, at a deferred sentence hearing other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence. £25.75 where the hearing relates to one complaint;

    or

    £38.63 where the hearing relates to more than one complaint

    £51.50 where the hearing relates to one complaint;

    or

    £77.25 where the hearing relates to more than one complaint

    £51.50 where the hearing relates to one complaint;

    or

    £77.25 where the hearing relates to more than one complaint

    10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). £25.75 £25.75 £25.75
    11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid. £25.75 £25.75 £25.75
    12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. £25.75 £25.75 £25.75
    13(a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) or (c) below. £51.50 £51.50 £51.50
    (b) Representation in such an appeal where counsel not employed. £30.90 £30.90 £30.90
    (c) Representation at a continued diet in such an appeal where counsel not employed. £30.90 £30.90 £30.90

     

    ([1])   The Criminal Procedure (Scotland) Act 1995 (c.46).  Defined in regulation 2 of the Criminal (Fixed Payments) (Scotland) Regulations 1999/491.

    ([2])  Criminal Justice (Scotland) 2016 (asp 1).

    ([3])   The Legal Aid (Scotland) Act 1986 (c.47).  Defined in regulation 2 of the Criminal (Fixed Payments) (Scotland) Regulations 1999/491.

  • Part 1: Applying to a case where criminal legal aid granted before 26 April 2019

    SCHEDULE 1 PART 1

    Regulation 4

    Where professional services are provided in relation to proceedings in the [58]JP Court (other than where proceedings are [59]marked for prosecution before a Stipendiary Magistrate) Where professional services are provided in relation to proceedings in the Sheriff Court (other than proceedings in a Court specified in Schedule 2) or the [60]JP Court (where proceedings are [61]marked for prosecution before a Stipendiary Magistrate) Where professional services are provided in relation to proceedings in the Sheriff Court and those proceedings are brought in a Court specified in Schedule 2
    1. All work up to and including:

    (i) any diet at which a plea of guilty is made and accepted or plea in mitigation is made;

    (ii) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies;

    (iii) the first 30 minutes of conducting any trial;

    (iiia) first or second diet of deferred sentence; and

    (iv) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,

    together with any subsequent or additional work other than that specified in paragraphs 2-13 below.

    [62]£295

    (or £270 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below)

    [63]£485 in relation to proceedings in the Sheriff Court

    £460 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 in relation to proceedings in the Sheriff Court.

    £390 in relation to proceedings in the JP court or

    £365 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 in relation to proceedings in the JP court.

    [64]£535

    £510 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.

    2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section [65][66]27(1)(b) of the 1995 Act [67]or paragraph 1(1)(a) or (c) of Schedule 1 of the Criminal Justice (Scotland) Act 2016. [68]£147.50 [69]£195.00 in relation to proceedings before a Stipendiary Magistrate; £242.50 in relation to proceedings in the sheriff court £242.50[70]
    3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. £25 £50 £50
    4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes) £50 £100 £100
    4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings. £25 £50 £50
    4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence. £50 £100 £100
    5. Conducting a trial or proof in mitigation for the second day. £50 £200 £200
    6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). £100 £400 £400
    7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence. - £50 -
    8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). - £200 -
    9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). - £200 -
    10[71] Representation per appearance

    (a) in a court which has been designated as a youth court by the Sheriff Principal;

    (b) in a court which has been designated as a domestic abuse court by the sheriff principal

    (c) at a hearing in respect of a community supervision order

     

    £25 £50 £50
    10ZA[72]. Representation in a court, per appearance, at a deferred sentence hearing [73]other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence. £25 where the hearing relates to one complaint; or

    £37.50 where the hearing relates to more than one complaint

    £50 where the hearing relates to one complaint; or

    £75 where the hearing relates to more than one complaint

    £50 where the hearing relates to one complaint; or

    £75 where the hearing relates to more than one complaint

    10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). £25 £25 £25”.
    11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid. £25 £25 £25
    12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. £25 £25 £25
    13. All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act. £50 £50 £50
  • Part 2: Applying to a case where criminal legal aid granted on or after 1 April 2022

     

     

    [As amended by SSI 2022 No 30 in force 1 April 2022]

    SCHEDULE 1

     

    PART 2

    Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the sheriff principal
    1. All work done under section 22 (1)(c) of the Act up to and including the first appearance of an assisted person. £113.56
    2. All work done (other than work done in terms of paragraph 1) in connection with any appearance of an assisted person (per appearance). £56.79

     

  • Part 2: Applying to a case where criminal legal aid granted on or after 22 March 2021 but before 1 April 2022

     

    [As amended by SSI 2021 No 56 in force 22 March 2021]

    SCHEDULE 1

    PART 2

    Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the sheriff principal
    1. All work done under section 22 (1)(c) of the Act up to and including the first appearance of an assisted person. £108.15
    2. All work done (other than work done in terms of paragraph 1) in connection with any appearance of an assisted person (per appearance). £54.08
  • Part 2: Applying to a case where criminal legal aid granted on or after 26 April 2019 but before 22 March 2021

    Part 2 of Schedule 1 of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999

    Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the sheriff principal.
    1. All work done under section 22 (1)(c) of the Act([1]) up to and including the first appearance of an assisted person; £103.00
    2. All work done (other than work done in terms of paragraph 1) in connection with any appearance of an assisted person (per appearance); £51.50
  • Part 2: Applying to a case where criminal legal aid granted before 26 April 2019

    [74] SCHEDULE 1 PART 2

     

    Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the sheriff principal.
    1. All work done under section 22 (1)(c) of the Act up to and including the first appearance of an assisted person; £100

     

    2. All work done (other than work done in terms of Paragraph 1) in connection with any appearance of an assisted person (per appearance); £50

Schedule 1A

  • Applying to a case where criminal legal aid was granted on or after 1 April 2022

     

     

    [As amended by SSI 2022 No 30 in force 1 April 2022]

     

    SCHEDULE 1A

     

    Where professional services are provided in relation to proceedings in the sheriff court Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
    1. All work up to and including— £550.76; or

    £522.37 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1.

    £550.76; or

    £522.37 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1.

    (a) any diet at which a plea of guilty is made and accepted or a plea in mitigation is made;
    (b) the first 30 minutes of conducting any trial;
    (c) a first or second diet of deferred sentence; and
    (d) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that of the kind specified in paragraphs 10 to 13 of Part 1 of schedule 1.
    2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016 £275.39 £275.39

     

     

  • Applying to a case where criminal legal aid was granted on or after 22 March 2021 but before 1 April 2022

     

    [As amended by SSI 2021 No 56 in force 22 March 2021]

     

    SCHEDULE 1A

     

    Where professional services are provided in relation to proceedings in the sheriff court Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
    1. All work up to and including— £524.53; or

    £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1.

    £524.53; or

    £497.49 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1.

    (a) any diet at which a plea of guilty is made and accepted or a plea in mitigation is made;
    (b) the first 30 minutes of conducting any trial;
    (c) a first or second diet of deferred sentence; and
    (d) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that of the kind specified in paragraphs 10 to 13 of Part 1 of schedule 1.
    2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016 £262.27 £262.27

     

  • Applying to a case where criminal legal aid was granted on or after 26 April 2019 but before 22 March 2021

    Schedule 1A of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999

    Where professional services are provided in relation to proceedings in the sheriff court Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
    1. All work up to and including— £499.55; or £499.55; or
    £473.80 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1 £473.80 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1.
    (a) any diet at which a plea of guilty is made and accepted or a plea in mitigation is made;
    (b) the first 30 minutes of conducting any trial;
    (c) a first or second diet of deferred sentence; and
    (d) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that of the kind specified in paragraph 10 to 13 of Part 1 of schedule 1.
    2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act([1]) or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016([2]). £249.78 £249.78

     

     

    ([1])   The Criminal Procedure (Scotland) Act 1995 (c.46).  Defined in regulation 2 of the Criminal (Fixed Payments) (Scotland) Regulations 1999/491.

    ([2]) Criminal Justice (Scotland) Act 2016 (asp 1).

  • Applying to a case where criminal legal aid was granted before 26 April 2019
    Where professional services are provided in relation to proceedings in the Sheriff Court or the JP court (where proceedings are [75]marked for prosecution before a Stipendiary Magistrate) Where professional services are provided in relation to proceedings in the Sheriff Court and those proceedings are brought in a Court specified in Schedule 2
    1. All work up to and including– [76]£485 in relation to proceedings in the Sheriff court [77]£485; or

     

    (a) any diet at which a plea of guilty is made and accepted or plea in mitigation is made; £460 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of Schedule 1 in relation proceedings in the Sheriff Court

    £390 in relation to proceedings in the JP court; or

    £365 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of Schedule 1 in relation to proceedings in the JP court

    £460 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of Schedule 1
    (b) the first 30 minutes of conducting any trial;
    (c) a first or second diet of deferred sentence; and
    (d) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that of the kind specified in paragraphs 10 to 13 of Part 1 of Schedule 1 above.
    2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section [78][79] or 27(1)(b) of the 1995 Act [80]or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016.. [81]£195.00 in relation to proceedings before a Stipendiary Magistrate; £242.50 in relation to proceedings in the sheriff court [82]£242.50

Schedule 1B

  • Applying to a case where ABWOR made available on or after 1 April 2022

     

     

    [As amended by SSI 2022 No 30 in force 1 April 2022]

    SCHEDULE 1B

    PART I

     

    Where professional services are provided in relation to proceedings in the JP court Where professional services are provided in relation to proceedings in the sheriff court
    1. All work up to and including— £550.76
    (a) any diet at which a plea of guilty is made and accepted or plea in mitigation is made;
    (b) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies;
    (c) a first or second diet of deferred sentence; and
    (d) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that specified in paragraphs 8, 8A, 9 and 10 below.
    2. All work prior to, and attendance at— £170.35
    (a) any diet at which a plea to the competency or relevancy of the complaint or proceedings, or a plea in bar of trial, is tendered;
    (b) any diet at which a question within the meaning of Rule 31.1 of the Act of Adjournal (Criminal Procedure Rules) 1996 is raised;
    (c) any diet from or to which the case has been adjourned under section 145 of the 1995 Act (including preparation for such a diet where the diet has not subsequently taken place);
    (d) any diet at which there is tendered a plea of guilty or a plea in mitigation is made;
    (e) any diet at which the court is considering the accused’s plea of guilty to the charges and where there has been no change of plea; and
    (f) any diet at which the court is considering the accused’s change to plea of guilty to the charges, and where no application for criminal legal aid has been made,
    together with—
    (i) the first 30 minutes of conducting a proof in mitigation;
    (ii) a first or second diet of deferred sentence;
    (iii) any subsequent or additional work other than that specified in paragraphs 4 and 8 to 13 below.
    3. All work mentioned in paragraph 1 or 2 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. £170.35 £275.39
    4. Conducting a proof in mitigation for the first day (after the first 30 minutes). £56.79
    8. Representation, per appearance— £28.40 £56.79
    (a) in a court which has been designated as a youth court by the sheriff principal;
    (b) in a court which has been designated as a domestic abuse court by the sheriff principal;
    (c) at a hearing in respect of a community supervision order.
    8A. Representation in court, per appearance, at a deferred sentence hearing, other than where a fee is payable by virtue of paragraph 1(c) or paragraph 2(f)(ii) in respect of a first or second diet of deferred sentence. £28.40 where the hearing relates to one complaint; or £42.60 where the hearing relates to more than one complaint £56.79 where the hearing relates to one complaint; or £85.18 where the hearing relates to more than one complaint
    9. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). £28.40 £28.40
    10. All work done in connection with a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act. £56.79 £56.79
    12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). £170.35
    13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). £56.79
    14. Supplementary fee, payable in addition to any fees under paragraphs 1-13, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint. £80.00 £80.00

     

    PART 2

    Where professional services are provided in relation to proceedings in a sheriff court which has been designated by a drug court by the sheriff principal
    1. All work done in connection with any appearance of an assistance person (per appearance). £54.08
    2. Supplementary fee, payable in addition to any fees under paragraph 1, where at a holiday court sitting a solicitor acts for a person £80.00

     

  • Applying to a case where ABWOR made available on or after 22 March 2021 but before 1 April 2022

     

    [As amended by SSI 2021 No 56 in force 22 March 2021]

    SCHEDULE 1B

    PART I

     

    Where professional services are provided in relation to proceedings in the JP court Where professional services are provided in relation to proceedings in the sheriff court
    1. All work up to and including— £524.53
    (a) any diet at which a plea of guilty is made and accepted or plea in mitigation is made;
    (b) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies;
    (c) a first or second diet of deferred sentence; and
    (d) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that specified in paragraphs 8, 8A, 9 and 10 below.
    2. All work prior to, and attendance at— £162.23
    (a) any diet at which a plea to the competency or relevancy of the complaint or proceedings, or a plea in bar of trial, is tendered;
    (b) any diet at which a question within the meaning of Rule 31.1 of the Act of Adjournal (Criminal Procedure Rules) 1996 is raised;
    (c) any diet from or to which the case has been adjourned under section 145 of the 1995 Act (including preparation for such a diet where the diet has not subsequently taken place);
    (d) any diet at which there is tendered a plea of guilty or a plea in mitigation is made;
    (e) any diet at which the court is considering the accused’s plea of guilty to the charges and where there has been no change of plea; and
    (f) any diet at which the court is considering the accused’s change to plea of guilty to the charges, and where no application for criminal legal aid has been made,
    together with—
    (i) the first 30 minutes of conducting a proof in mitigation;
    (ii) a first or second diet of deferred sentence;
    (iii) any subsequent or additional work other than that specified in paragraphs 4 and 8 to 13 below.
    3. All work mentioned in paragraph 1 or 2 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. £162.23 £262.27
    4. Conducting a proof in mitigation for the first day (after the first 30 minutes). £54.08
    8. Representation, per appearance— £27.04 £54.08
    (a) in a court which has been designated as a youth court by the sheriff principal;
    (b) in a court which has been designated as a domestic abuse court by the sheriff principal;
    (c) at a hearing in respect of a community supervision order.
    8A. Representation in court, per appearance, at a deferred sentence hearing, other than where a fee is payable by virtue of paragraph 1(c) or paragraph 2(f)(ii) in respect of a first or second diet of deferred sentence. £27.04 where the hearing relates to one complaint; or

    £40.57 where the hearing relates to more than one complaint

    £54.08 where the hearing relates to one complaint; or

    £81.12 where the hearing relates to more than one complaint

    9. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). £27.04 £27.04
    10. All work done in connection with a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act. £54.08 £54.08
    12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). £162.23
    13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). £54.08

     

    PART 2

    Where professional services are provided in relation to proceedings in a sheriff court which has been designated by a drug court by the sheriff principal
    1. All work done in connection with any appearance of an assistance person (per appearance). £54.08

     

  • Applying to a case where ABWOR made available on or after 26 April 2019 but before 22 March 2021

    Schedule 1B of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999

    PART 1

    Where professional services are provided in relation to proceedings in the JP court Where professional services are provided in relation to proceedings in the sheriff court
    1. All work up to and including— £499.55
    (a) any diet at which a plea of guilty is made and accepted or plea in mitigation is made;
    (b) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies;
    (c) a first or second diet of deferred sentence; and
    (d) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that specified in paragraphs 8, 8A, 9 and 10 below.
    2. All work prior to, and attendance at— £154.50
    (a) any diet at which a plea to the competency or relevancy of the complaint or proceedings, or a plea in bar of trial, is tendered;
    (b) any diet at which a question within the meaning of Rule 31.1 of the Act of Adjournal (Criminal Procedure Rules) 1996([1]) is raised;
    (c) any diet from or to which the case has been adjourned under section 145 of the 1995 Act([2]) (including preparation for such a diet where the diet has not subsequently taken place);
    (d) any diet at which there is tendered a plea of guilty or a plea in mitigation is made;
    (e) any diet at which the court is considering the accused’s plea of guilty to the charges and where there has been no change of plea; and
    (f) any diet at which the court is considering the accused’s change to plea of guilty to the charges, and where no application for criminal legal aid has been made,
    together with—
    (i) the first 30 minutes of conducting a proof in mitigation;
    (ii) a first or second diet of deferred sentence;
    (iii) any subsequent or additional work other than that specified in paragraphs 4 and 8 to 13 below.
    3. All work mentioned in paragraph 1 or 2 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016([3]). £154.50 £249.78
    4. Conducting a proof in mitigation for the first day (after the first 30 minutes). £51.50
    5. Representation in a court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, adjourns such a proof without hearing evidence.
    6. Conducting a proof of a victim statement where there has been no proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day).
    7. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day).
    8. Representation, per appearance— £25.75 £51.50
    (a) in a court which has been designated as a youth court by the sheriff principal;
    (b) in a court which has been designated as a domestic abuse court by the sheriff principal;
    (c) at a hearing in respect of a community supervision order.
    8A. Representation in court, per appearance, at a deferred sentence hearing, other than where a fee is payable by virtue of paragraph 1(c) in respect of a first or second diet of deferred sentence. £25.75 where the hearing relates to one complaint; or

    £38.63 where the hearing relates to more than one complaint

    £51.50 where the hearing relates to one complaint; or

    £77.25 where the hearing relates to more than one complaint

    9. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). £25.75 £25.75
    10. All work done in connection with a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act. £51.50 £51.50
    12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). £154.50
    13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). £51.50

    PART 2

     

    Where professional services are provided in relation to proceedings in a sheriff court which has been designated by a drug court by the Sheriff Principal
    1. All work done in connection with any appearance of an assistance person (per appearance). £51.50

     

    ([1])  Act of Adjournal (Criminal Procedure Rules) 1996 relevantly amended by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 and The Treaty of Lisbon (Changes in Terminology) Order 2011

    ([2])   The Criminal Procedure (Scotland) Act 1995 (c.46).  Defined in regulation 2 of the Criminal (Fixed Payments) (Scotland) Regulations 1999.

    ([3])   Criminal Justice (Scotland) Act 2016

     

  • Applying to a case where ABWOR made available before 26 April 2019

    Schedule 1B of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999

    PART 1

    Where professional services are provided in relation to proceedings in the JP court (other than where proceedings are [83]marked for prosecution before a Stipendiary Magistrate) Where professional services are provided in relation to proceedings in the Sheriff Court or the JP court (where proceedings are [84]marked for prosecution before a Stipendiary Magistrate)
    1. All work up to and including– [85]£485; or

    £390 in relation to proceedings in the JP court

    (a) any diet at which a plea of guilty is made and accepted or plea in mitigation is made;
    (b) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies;
    (c) a first or second diet of deferred sentence; and
    (d) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
    together with any subsequent or additional work other than that specified in paragraphs 8, [86]8A, 9 and 10 below.
    2. All work prior to, and attendance at– £150
    (a) any diet at which a plea to the competency or relevancy of the complaint or proceedings, or a plea in bar of trial, is tendered;
    (b) any diet at which a question within the meaning of Rule 31.1 of the Act of Adjournal (Criminal Procedure Rules) 1996(7) is raised;
    (c) any diet from or to which the case has been adjourned under section 145 of the 1995 Act [87](including preparation for such a diet where the diet has not subsequently taken place);
    (d) any diet at which there is tendered a plea of guilty or a plea in mitigation is made;
    (e) any diet at which the court is considering the accused’s plea of guilty to the charges and where there has been no change of plea; and
    (f) any diet at which the court is considering the accused’s change to plea of guilty to the charges, and where no application for criminal legal aid has been made,
    together with–
    (i) the first 30 minutes of conducting a proof in mitigation;
    (ii) a first or second diet of deferred sentence;
    (iii) any subsequent or additional work other than that specified in paragraphs 4 and 8 to 13 below.
    3. All work mentioned in paragraph 1 or 2 above that is done in connection with a complaint under section [88][89] 27(1)(b) of the 1995 Act [90]or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. £150 [91]£195.00 in relation to proceedings before a Stipendiary Magistrate; £242.50 in relation to proceedings in the sheriff court
    4. Conducting a proof in mitigation for the first day (after the first 30 minutes). £50 [92]
    5. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, adjourns such a proof without hearing evidence. [93]
    6. Conducting a proof of a victim statement where there has been no proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). [94]
    7. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). [95]
    8. [96]Representation, per appearance –

    (a) in a court which has been designated as a youth court by the sheriff principal;

    (b) in a court which has been designated as a domestic abuse court by the sheriff principal;

    (c) at a hearing in respect of a community supervision order

     

    £25 £50
    8A[97]. Representation in court, per appearance, at a deferred sentence hearing[98], other than where a fee is payable by virtue of paragraph 1(c) in respect of a first or second diet of deferred sentence. £25 where the hearing relates to one complaint; or

    £37.50 where the hearing relates to more than one complaint

    £50 where the hearing relates to one complaint; or

    £75 where the hearing relates to more than one complaint

     

    9. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). £25 £25
    10. All work done in connection with a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act. £50 £50
    11.[99]
    12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). £150 [100]
    13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). £50 [101]

     

    PART 2

     

    Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the Sheriff Principal
    1. All work done in connection with any appearance of an assistance person (per appearance). £50

Schedule 2 - specified Sheriff courts

Campbeltown

Dunoon[102]

Fort William[103]

Kirkwall

Lerwick

Lochmaddy

Oban

Portree

Rothesay

Stornoway

Wick[104]