Legal aid fees

 

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

SCHEDULE 3

PART II

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION

   1.—The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-

 

				Criminal	Civil	Children
A.	Time occupied in carrying out work for the client other than work described in paragraphs B to E below—
	(i)	Solicitor – per quarter hour (or part thereof);		£13.18	£14.49	£14.49
	(ii)	Solicitor’s clerk – per quarter hour (or part thereof).		£6.57	£7.23	£7.23
B.	For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof).			£3.01	£3.30	£3.30
C.	For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration).			£7.50	£8.25	£8.25
D.	For taking and drawing precognitions – for the first sheet of 250 words or less.			£26.31	£28.97	£28.97
	for each subsequent sheet of 250 words.			£26.31	£28.97	£28.97
	for each subsequent sheet of less than 250 words.			£13.18	£14.49	£14.49
DA.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor;		£6.60	£7.26	£7.26
	(b)	by a solicitor’s clerk.		£3.29	£3.63	£3.63
E.	(a)	There is no fee for photocopying—
		(i)	where fewer than 20 sheets are copied at one time;
		(ii)	in relation to the first 20 sheets copied at any one time.
	(b)	Subject to sub-paragraph (a), the fee for all photocopying in the matter is—
		(i)	5 pence for each sheet copied for up to 10,000 sheets; and
		(ii)	1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

 

   2.—[Revoked by SSI 2008 No 240]

Interpretation

   3.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

Part 2 of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:

Interpretation

In this Table –

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

 

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

SCHEDULE 3

PART II

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION

   1.—The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-

 

				Criminal	Civil	Children
A.	Time occupied in carrying out work for the client other than work described in paragraphs B to E below—
	(i)	Solicitor – per quarter hour (or part thereof);		£12.55	£13.80	£13.80
	(ii)	Solicitor’s clerk – per quarter hour (or part thereof).		£6.25	£6.88	£6.88
B.	For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof).			£2.86	£3.14	£3.14
C.	For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration).			£7.14	£7.85	£7.85
D.	For taking and drawing precognitions – for the first sheet of 250 words or less.			£25.05	£27.59	£27.59
	for each subsequent sheet of 250 words.			£25.05	£27.59	£27.59
	for each subsequent sheet of less than 250 words.			£12.55	£13.80	£13.80
DA.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor;		£6.28	£6.91	£6.91
	(b)	by a solicitor’s clerk.		£3.13	£3.45	£3.45
E.	(a)	There is no fee for photocopying—
		(i)	where fewer than 20 sheets are copied at one time;
		(ii)	in relation to the first 20 sheets copied at any one time.
	(b)	Subject to sub-paragraph (a), the fee for all photocopying in the matter is—
		(i)	5 pence for each sheet copied for up to 10,000 sheets; and
		(ii)	1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

 

   2.—[Revoked by SSI 2008 No 240]

Interpretation

   3.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

1. [101]The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 [102]or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-

				Criminal	Civil	Children
A.	[103]Time occupied in carrying out work for the client other than work described in paragraphs B to G below.
	(i)           Solicitor - per quarter hour (or part thereof)			£11.60	£12.75	£12.75
	(ii)          Solicitor's clerk - per quarter hour (or part thereof)			£5.77	£6.35	£6.35
B.	For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature - per sheet (or part thereof)			£2.64	£2.90	£2.90
C.	For letters other than B above - per page (or part thereof), framing non-formal documents other than precognitions - per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration)			£6.60	£7.25	£7.25
D.	For taking and drawing precognitions - for the first sheet of 250 words or less			£23.15	£25.50	£25.50
	for each subsequent sheet of 250 words			£23.15	£25.50	£25.50
	for each subsequent sheet of less than 250 words			£11.60	£12.75	£12.75
DA.[104]	The fee for each quarter of an hour (or part thereof) spent travelling –
	(a) by a solicitor			£5.80	£6.38	£6.38
	(b) by a solicitor’s clerk			£2.89	£3.18	£3.18
E.	(a) [105]There is no fee for photocopying- (i)where fewer than 20 sheets are copied at any one time; (ii) in relation to the first 20 sheets copied at any one time. (b) Subject to sub-paragraph (a), the fee for all photocopying in the matter is – (i)5 pence for each sheet copied for up to 10,000 sheets; and (ii)1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.
[106][107][108]

[109]Interpretation

3. In this Table –

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

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

SCHEDULE 3

TABLE OF FEES ALLOWED TO SOLICITORS

Regulation 17

PART I

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION

   1.—Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 or the Age of Criminal Responsibility Act 2019 as follows:-

 

			Criminal	Civil	Children's
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999—
1.	The fee for—
	(i)	any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing;	£31.14	£37.66	£37.66
	(ii)	each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing.	£15.58	£18.86	£18.86
1A.
		Supplementary fee, payable in addition to the fee under paragraph 1, 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
2.	The fee for—
	(i)	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 of this table, provided that any time is additional to the total time charged for under paragraph 1;	£12.00	£14.49	£14.49
	(ii)	for each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 5 of this table.	£5.98	£7.23	£7.23
3.	The fee for—		£6.82	£8.25	£8.25
	(i)	each citation of a witness including execution thereof;
	(ii)	framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii) below - per sheet (or part thereof);
	(iii)	instructing messengers-at-arms and sheriff officers, including examining execution and settling fee;
	(iv)	lengthy telephone calls (of over 4 and up to 10 minutes duration); and
	(v)	letters, including instructions to counsel, subject to paragraph 4(ii) below – per page (or part thereof).
4.	The fee for—		£2.75	£3.30	£3.30
	(i)	attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;
	(ii)	short letters of a formal nature, intimations and letters confirming telephone calls;
	(iii)	framing formal papers, including inventories and title pages - per sheet (or part thereof);
	(iv)	revising papers drawn by counsel or where revisal ordered by court – per 5 sheets (or part thereof); and
	(v)	short telephone calls (of up to 4 minutes duration).
4A.	The fee for each quarter of an hour (or part thereof) spent travelling—
(a)	by a solicitor,		£6.01	£7.26	£7.26
(b)	by a solicitor's clerk.		£3.00	£3.63	£3.63
5.
(a)	There is no fee for photocopying
	(i)	where fewer than 20 sheets are copied at one time;
	(ii)	in relation to the first 20 sheets copied at any one time.
(b)	Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is
	(i)	Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is—
	(ii)	1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

    Calculation of fees for time at court and travelling

   1A.  The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.

    Interpretation

   2.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

"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;

"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

   Petition by debtor for sequestration

   3.—The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be—

(a)   £37.66 for any time spent by a solicitor appearing in court in connection with the petition; and

(b)   £61.85 for all other work in connection with the petition.

 

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

SCHEDULE 3

TABLE OF FEES ALLOWED TO SOLICITORS

Regulation 17

PART I

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION

   1.—Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 or the Age of Criminal Responsibility Act 2019 as follows:-

 

			Criminal	Civil	Children's
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999—
1.	The fee for—
	(i)	any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing;	£29.65	£35.86	£35.86
	(ii)	each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing.	£14.83	£17.96	£17.96
2.	The fee for—
	(i)	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 of this table, provided that any time is additional to the total time charged for under paragraph 1;	£11.42	£13.80	£13.80
	(ii)	for each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 5 of this table.	£5.69	£6.88	£6.88
3.	The fee for—		£6.49	£7.85	£7.85
	(i)	each citation of a witness including execution thereof;
	(ii)	framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii) below - per sheet (or part thereof);
	(iii)	instructing messengers-at-arms and sheriff officers, including examining execution and settling fee;
	(iv)	lengthy telephone calls (of over 4 and up to 10 minutes duration); and
	(v)	letters, including instructions to counsel, subject to paragraph 4(ii) below – per page (or part thereof).
4.	The fee for—		£2.61	£3.14	£3.14
	(i)	attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;
	(ii)	short letters of a formal nature, intimations and letters confirming telephone calls;
	(iii)	framing formal papers, including inventories and title pages - per sheet (or part thereof);
	(iv)	revising papers drawn by counsel or where revisal ordered by court – per 5 sheets (or part thereof); and
	(v)	short telephone calls (of up to 4 minutes duration).
4A.	The fee for each quarter of an hour (or part thereof) spent travelling—
(a)	by a solicitor,		£5.72	£6.91	£6.91
(b)	by a solicitor's clerk.		£2.85	£3.45	£3.45
5.
(a)	There is no fee for photocopying
	(i)	where fewer than 20 sheets are copied at one time;
	(ii)	in relation to the first 20 sheets copied at any one time.
(b)	Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is
	(i)	Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is—
	(ii)	1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

    Calculation of fees for time at court and travelling

   1A.  The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.

    Interpretation

   2.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

   Petition by debtor for sequestration

   3.—The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be—

(a)   £35.86 for any time spent by a solicitor appearing in court in connection with the petition; and

(b)   £59.90 for all other work in connection with the petition.

 

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Part I of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-

([1])   Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

Calculation of fees for time at court and travelling 

 The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.

Interpretation

In this table –

a “sheet” shall consist of 250 words or numbers;

a “page” shall consist of 125 words or numbers.

Petition by debtor for sequestration

The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be –

(a)          £34.15 for any time spent by a solicitor appearing in court in connection with the petition; and

(b)          £56.09 for all other work in connection with the petition.

Part I of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

1. Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s

Hearings (Scotland) Act 2011as follows:-

 

			Criminal		Civil		[93]Children’s
[94]		(a)
		(b)          [95]fees, as undernoted, for work other than or subsequent to that described in – Schedule 1B to the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
1.    The fee for –
		(i)           any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing;	£27.40		£33.15		£33.15
		(ii)          each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing.	£13.70		£16.60		£16.60
2.    The fee for –
		(i)           each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 hereof, provided that any time is additional to the total time charged for under paragraph 1 above;	£10.55		£12.75		£12.75
		(ii)          for each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 5 hereof.	£5.25		£6.35		£6.35
3.    The fee for –
		(i)           each citation of a witness including execution thereof; (ii)          framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii) below - per sheet (or part thereof); (iii)         instructing messengers-at-arms and sheriff officers, including examining execution and settling fee; (iv)        lengthy telephone calls (of over 4 and up to 10 minutes duration); and
		(v)          letters, including instructions to counsel, subject to paragraph 4(ii) below - per page (or part thereof).	£6.00		£7.25		£7.25
4.    The fee for –
	(i)           attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged; (ii)          short letters of a formal nature, intimations and letters confirming telephone calls; (iii)         framing formal papers, including inventories and title pages - per sheet (or part thereof);
	(iv)        revising papers drawn by counsel or where revisal ordered by court - per 5 sheets (or part thereof); and
	(v)          short telephone calls (of up to 4 minutes duration).			£2.40		£2.90		£2.90
4A [96] The fee for each quarter of an hour (or part thereof) spent traveling – (a)  by a solicitor (b)  by a solicitor’s clerk				£5.28   £2.63		£6.38   £3.18		£6.38   £3.18
5. [97](a)There is no fee for photocopying- (i) where fewer than 20 sheets are copied at one time; (ii) in relation to the first 20 sheets copied at any one time. (b)Subject to sub paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is- (i) 5 pence for each sheet copied for up to 10,000 sheets; and (ii) 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

 

[98]Calculation of fees for time at court and travelling

1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.

Interpretation

2. In this table –

a “sheet” shall consist of 250 words or numbers;

a “page” shall consist of 125 words or numbers.

 

Petition by debtor for sequestration

3. The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be –

• £34.15[99] for any time spent by a solicitor appearing in court in connection with the petition; and
• £56.09[100] for all other work in connection with the petition.

 

 

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

SCHEDULE 3

PART IV

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

 

1. (a)  Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client—
	(i)	voluntarily attends for interview,
	(ii)	is in custody,
	(iii)	voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody.
(b)		Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody.
(c)	(i)	Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during  an unsocial time.
	(ii)	Where a fee under paragraph 5 is claimed, a solicitor can only claim the a higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time.
2.		In this part
	“unsocial time” means:
	(a)	a Saturday, Sunday or specified holiday;
	(b)	any time between 1900 hours and 0700 hours on any other day;
	“constable” means:
	(a)	a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;
	(b)	a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;
	(c)	a person appointed under section 55(1) of the Energy Act 2004;
	(d)	a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;
	(e)	a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
	(f)	a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;
	(g)	a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005;
	“mental disorder” has the meaning in section 328 of the Mental Health (Care and Treatment)(Scotland) Act 2003;
	“specified holiday” means:
	(a)	New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;
	(b)	2nd January or
		(i)	if it is a Saturday, 4th January;
		(ii)	if it is Sunday, 4th January;
	(c)	Good Friday;
	(d)	Easter Monday;
	(e)	the first Monday in May;
	(f)	30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;
	(g)	Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;
	(h)	26th December or
		(i)	if it is a Saturday, 28th December;
		(ii)	if it is a Sunday, 28th December.
				Standard Rate	Higher Rate
3.		Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44.		£85.18	£113.29
4.		Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)—
(a)		aggregate time engaged or waiting is 2 hours or less; or		£130.60	£173.70
(b)	(i)	aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and		£227.12	£302.07
	(ii)	for each additional hour over 4 hours (or part thereof).		£56.79	£75.53
5.		Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3.		£34.08	£45.32
6.		Travelling Time in relation to personal attendance
(a)		The fee for travel time engaged is 2 hours or less per half hour (or part thereof).		£13.18	£17.54
(b)		The fee for travel time engaged is more than 2 hours, where authorised by the Board in advance per half hour (or part thereof).		£13.18	£17.54

   

 

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

SCHEDULE 3

PART IV

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

 

1. (a)  Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client—
	(i)	voluntarily attends for interview,
	(ii)	is in custody,
	(iii)	voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody.
(b)		Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody.
(c)	(i)	Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during  an unsocial time.
	(ii)	Where a fee under paragraph 5 is claimed, a solicitor can only claim the a higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time.
2.		In this part
	“unsocial time” means:
	(a)	a Saturday, Sunday or specified holiday;
	(b)	any time between 1900 hours and 0700 hours on any other day;
	“constable” means:
	(a)	a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;
	(b)	a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;
	(c)	a person appointed under section 55(1) of the Energy Act 2004;
	(d)	a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;
	(e)	a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
	(f)	a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;
	(g)	a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005;
	“mental disorder” has the meaning in section 328 of the Mental Health (Care and Treatment)(Scotland) Act 2003;
	“specified holiday” means:
	(a)	New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;
	(b)	2nd January or
		(i)	if it is a Saturday, 4th January;
		(ii)	if it is Sunday, 4th January;
	(c)	Good Friday;
	(d)	Easter Monday;
	(e)	the first Monday in May;
	(f)	30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;
	(g)	Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;
	(h)	26th December or
		(i)	if it is a Saturday, 28th December;
		(ii)	if it is a Sunday, 28th December.
				Standard Rate	Higher Rate
3.		Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44.		£81.12	£107.89
4.		Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)—
(a)		aggregate time engaged or waiting is 2 hours or less; or		£124.38	£165.42
(b)	(i)	aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and		£216.30	£287.68
	(ii)	for each additional hour over 4 hours (or part thereof).		£54.08	£71.93
5.		Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3.		£32.45	£43.16
6.		Travelling Time in relation to personal attendance
(a)		The fee for travel time engaged is 2 hours or less per half hour (or part thereof).		£12.55	£16.70
(b)		The fee for travel time engaged is more than 2 hours, where authorised by the Board in advance per half hour (or part thereof).		£12.55	£16.70

   

 

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Table of fees [113] allowed to solicitors for advice and assistance in relation to Sections 32 and 44 of the Criminal Justice (Scotland) Act 2016

1.(a) Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client—
	(i)		voluntarily attends for interview,
	(ii)		is in custody,
	(iii)		voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody.
(b)	Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody.
(c)	(i)		Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during an unsocial time.
	(ii)		Where a fee under paragraph 5 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time.
2. In this part—
“unsocial time” means-   (a)    a Saturday, Sunday or specified holiday; (b)    any time between 1900 hours and 0700 hours on any other day;   “constable” means-   (a)    a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012; (b)    a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003; (c)    a person appointed under section 55(1) of the Energy Act 2004; (d)    a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987; (e)    a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971; (f)     a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act; (g)    a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005;
“mental disorder” has the meaning given in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
“specified holiday” means:
(a)     New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day; (b)     2nd January or
(i)    if it is a Saturday, 4th January; (ii)    if it is Sunday, 4th January;
(c)     Good Friday; (d)     Easter Monday; (e)     the first Monday in May; (f)      30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November; (g)     Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day; (h)     26th December or
(i)    if it is a Saturday, 28th December; (ii)    if it is a Sunday, 28th December.

 

 

		Standard Rate where work is completed before 26 April 2019	Higher Rate where work is completed before 26 April 2019	Standard Rate where work is completed on or after 26 April 2019	Higher Rate where work is completed on or after  26 April 2019
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44.	£75.00	£99.75	£77.25	£102.75
4.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)—
(a)	aggregate time engaged or waiting is 2 hours or less; or	£115.00	£152.95	£118.45	£157.54
(b)(i)	aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and	£200.00	£266.00	£206.00	£273.98
(ii)	for each additional hour over 4 hours (or part thereof).	£50.00	£66.50	£51.50	£68.50
5.	Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3.	£30.00	£39.90	£30.90	£41.10
6.	Fee for travelling time in relation to personal attendance –
(a)	travel time engaged is 2 hours or less per half hour (or part thereof); and.	£11.60	£15.43	£11.95	£15.90
(b)	travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).	£11.60	£15.43	£11.95	£15.90

 

 

 

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

SCHEDULE 3

PART VI

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.

 

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1.	(a)   Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(c)   Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right  to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4.
	(d)   Where a client's detention under section  41  of  the  2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(e)  Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(f)   where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time.
2.	In this part—
	“unsocial time” has the meaning given in Part IV of these regulations
				Standard Rate	Higher Rate
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client   has    exercised a right to consult a solicitor in person –
		(a) aggregate time engaged or waiting is 2 hours or less; or		£130.60	£173.70
		(b)	(i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours;	£227.12	£302.07
			(ii) for each additional hour over 4 hours (or part thereof).	£56.79	£75.53
4.	Inclusive fee for a consultation conducted by a solicitor, otherwise than in person			£34.08	£45.32
5.	Fee for travelling time in relation to personal attendance—
		(a) travel time engaged is 2 hours or less per half hour (or part thereof); and		£13.18	£17.54
		(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).		£13.18	£17.54

 

 

Cases made available before 17 February 2021: your account must be charged in accordance with the fees prescribed in Part IV of schedule 3.

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

SCHEDULE 3

PART VI

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.

 

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1.	(a)   Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(c)   Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right  to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4.
	(d)   Where a client's detention under section  41  of  the  2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(e)  Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(f)   where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time.
2.	In this part—
	“unsocial time” has the meaning given in Part IV of these regulations
				Standard Rate	Higher Rate
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client   has    exercised a right to consult a solicitor in person –
		(a) aggregate time engaged or waiting is 2 hours or less; or		£124.38	£165.42
		(b)	(i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours;	£216.30	£287.68
			(ii) for each additional hour over 4 hours (or part thereof).	£54.08	£71.93
4.	Inclusive fee for a consultation conducted by a solicitor, otherwise than in person			£32.45	£43.16
5.	Fee for travelling time in relation to personal attendance—
		(a) travel time engaged is 2 hours or less per half hour (or part thereof); and		£12.55	£16.70
		(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).		£12.55	£16.70

 

Cases made available before 17 February 2021: your account must be charged in accordance with the fees prescribed in Part IV of schedule 3.

Table of fees allowable to solicitors for advice and assistance in relation to section 41 and schedule 7 of the Terrorism Act 2000 and Part 1 of schedule 3 of the Counter-terrorism and Border Security Act 2019.

In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.

1.       (a) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. (b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act applies has not exercised their right to consult a solicitor in person, the fee under paragraph 4. (c) Where a  client  to whom paragraph 16A(5)    of    schedule 8 of the 2000 Act applies or paragraph 37(6)  of  schedule  3 of   the   2019    Act has exercised a right  to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4. (d) Where a client’s detention under section  41  of  the  2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review  officer in accordance with paragraph 26 of that schedule,
	(i)  where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); (ii)  where the solicitor is not in attendance already, the fee under paragraph 3.
(e) Where a client’s detention    under   Part 1    of    schedule    3 of the 2019 Act is reviewed in accordance with   paragraph    52 of that schedule  and  on the instruction of that client a solicitor makes representations to the review  officer in accordance with paragraph 54 of that schedule,
	(i)  where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); (ii)  where the solicitor is not in attendance already, the fee under paragraph 3.
(f) where    a    fee  is  claimed  by  virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time. 2.       In this part— “unsocial time” has the meaning given in Part IV of these regulations
			Standard Rate	Higher Rate
3.       Inclusive fee, excluding travel, for personal attendance by a solicitor where the client   has    exercised a right to consult a solicitor in person –
	(a)  aggregate time engaged or waiting is 2 hours or less; or		£118.45	£157.54
	(b)	(i)  aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and	£206.00	£273.98
		(ii)  for each additional hour over 4 hours (or part thereof).	£51.50	£68.50
4.       Inclusive fee for a consultation conducted by a solicitor, otherwise than in person—			£30.90	£41.10
5.      Fee for travelling time in relation to personal attendance—
	(a)   travel time engaged is 2 hours or less per half hour (or part thereof); and		£11.95	£15.90
	(b)   travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).		£11.95	£15.90

 

 

 

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

SCHEDULE 3

PART III

TABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

   A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.

 

A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016
1.	Section 19 - Application for review of conditions of investigative liberation
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60
2.	Section 30 - Application for review of undertaking conditions
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60
3.	Section 36(1)(a) – Application for authorisation for questioning by a prosecutor
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60

 

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

SCHEDULE 3

PART III

TABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

   A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.

 

A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016
1.	Section 19 - Application for review of conditions of investigative liberation
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28
2.	Section 30 - Application for review of undertaking conditions
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28
3.	Section 36(1)(a) – Application for authorisation for questioning by a prosecutor
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28

 

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

A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.

 

1.	Section 19 - Application for review of conditions of investigative liberation
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£50.00
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£75.00
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£50.00
(c)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£5.80
2.	Section 30 - Application for review of undertaking conditions
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£50.00
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£75.00
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£50.00
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£5.80
3.	Section 36(1)(a) – Application for authorisation for questioning by a prosecutor
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£50.00
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£75.00
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£50.00
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.

 

 

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

SCHEDULE 3

PART V

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.

 

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Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60
Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60

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

SCHEDULE 3

PART V

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.

 

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Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28
Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28

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Cases made available before 17 February 2021: your account must be charged in accordance with the fees prescribed in Part I of schedule 3.

Table of fees allowable to solicitors for assistance by way of representation for proceedings under schedule 8 of the Terrorism Act 2000

In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.

Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of  further detention

(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£51.50
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£77.25
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£51.50
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£5.98

Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention

(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£51.50
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£77.25
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£51.50
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£5.98

Identification parade fees

When you act as a solicitor representing a client [section 22(1)(a) of the legal Aid (Scotland) Act 1986], you are entitled to the following fees [regulation 5 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For attending an identification parade – under paragraph 2:

• £129.47 for the first hour.
• £14.41 for each subsequent quarter of an hour.

For attending an identification parade where paragraph (2) does not apply:

• £106.54 for the first hour.
• £13.43 for each subsequent quarter of an hour.

Where attendance at an identification parade is required on more than one occasion, each occasion is a separate identification parade.

A “solicitor” means the duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor.

Court duty solicitor fees

As a duty solicitor representing an accused person in the sheriff or JP court, you are entitled to the following fees [regulation 6 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For appearing in either the sheriff or JP court

£79.50 for work done for each client appearing from custody or on an undertaking for which a plea of guilty is tendered.

For attendance at the first session of a court for the day

A sessional fee of £71.55 for the first case and £10.23 for each additional case where a plea of not guilty is tendered or the case is continued without plea (under section 145 of the 1995 Act). The fees payable are subject to a maximum total fee of £165 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier.

For attendance at any other session of that court on the same day

A sessional fee of £71.55 for the first case and £10.23 for each additional case where a plea of not guilty is tendered or the case continued without plea. The fees payable are subject to a maximum total fee of £115 for each such other session. Provided that the fee shall cover the appearance in court of the duty solicitor on behalf of the client as well as any interviews with the client or others.

Duty sessions

“Session” has a particular meaning in the context of the criminal fees regulations, as a block of work carried out at any given time terminating only on completion of business for the day or on an adjournment by the court.

You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.

Holiday Courts

From 1 April 2022 if, as the duty solicitor, you are required to appear at a holiday court sitting for a person appearing from custody on the day on which that person is first brought to a court to answer a complaint, an additional fee of £80 shall be payable in respect of that case. The fee is not taken into account in relation to any of the fee caps that exist for duty work. “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. "Ccourt 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.

Duty follow-up fees

If as the duty solicitor you are required to appear again after a plea of guilty or numerous adjournments from the court, an additional fee shall be payable for:

• Additional interviews with the client or others.
• Attendances at court outwith the course of your period of duty.

Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. There is a statutory cap on fees in any case where there is follow-up work under duty and the total aggregate fees for the case, including the £79.50 payment in respect of the initial guilty plea, may not exceed the limit of £250.

We have the discretion to increase the cap in exceptional cases. You should contact the Criminal Applications Department for prior authorisation.

Preliminary pleas and pleas to the competency/relevancy

You are also allowed an additional fee as the court duty solicitor making:

• A preliminary plea to the competency or relevancy of the petition or complaint.
• Any plea in bar of trial or any mental health proof.

The amount of such additional fee should not exceed £150. We have a discretion to lift this cap in appropriate cases.

Client released prior to any court appearance

There is still provision for payment to be made to the court duty solicitor where you see a client in custody but prior to any court appearance the client:

• Is released.
• Is transferred.
• Accepts a fine.

The court duty solicitor can charge the per capita fee of £10.23, as appropriate.

The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.

 

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Identification parade fees

When you act as a duty solicitor representing a client [section 22(1)(a) of the legal Aid (Scotland) Act 1986], you are entitled to the following fees [regulation 5 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For attending an identification parade – under paragraph 2:

• £123.30 for the first hour.
• £13.72 for each subsequent quarter of an hour.

For attending an identification parade where paragraph (2) does not apply:

• £101.46 for the first hour.
• £12.79 for each subsequent quarter of an hour.

Where attendance at an identification parade is required on more than one occasion, each occasion is a separate identification parade.

A “solicitor” means the duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor.

Court duty solicitor fees

As a duty solicitor representing an accused person in the sheriff or JP court, you are entitled to the following fees [regulation 6 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For appearing in either the sheriff or JP court

£75.71 for work done for each client appearing from custody or on an undertaking for which a plea of guilty is tendered.

For attendance at the first session of a court for the day

A sessional fee of £68.14 for the first case and £9.74 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £140 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier.

For attendance at any other session of that court on the same day

A sessional fee of £68.14 for the first case and £9.74 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £93 for each such other session. Provided that the fee shall cover the appearance in court of the duty solicitor on behalf of the client as well as any interviews with the client or others.

Duty sessions

“Session” has a particular meaning in the context of the criminal fees regulations, as a block of work carried out at any given time terminating only on completion of business for the day or on an adjournment by the court.

It is not open to you to unilaterally declare a new session simply because of the number of clients seen in relation to the per capita fees. You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.

Duty follow-up fees

If as the duty solicitor you are required to appear again after a plea of guilty or numerous adjournments from the court, an additional fee shall be payable for:

• Additional interviews with the client or others.
• Attendances at court outwith the course of your period of duty.

Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. This additional fee should not exceed £150. This duty follow-up limit includes the initial £75.71 payment in respect of the initial guilty plea.

The enhanced guilty plea payment is discounted from the follow-up cap. However, we have the discretion to increase the cap in exceptional cases. You should contact the Criminal Applications Department for prior authorisation.

Preliminary pleas and pleas to the competency/relevancy

You are also allowed an additional fee as the court duty solicitor making:

• A preliminary plea to the competency or relevancy of the petition or complaint.
• Any plea in bar of trial or any mental health proof.

The amount of such additional fee should not exceed £150. We have a discretion to lift this cap in appropriate cases.

Client released prior to any court appearance

There is still provision for payment to be made to the court duty solicitor where you see a client in custody but prior to any court appearance the client:

• Is released.
• Is transferred.
• Accepts a fine.

The court duty solicitor can charge the per capita fee of £9.74, as appropriate.

The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.

 

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Identification parade fees

When you act as a duty solicitor representing a client [section 22(1)(a) of the legal Aid (Scotland) Act 1986], you are entitled to the following fees [regulation 5 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For attending an identification parade – under paragraph 2:

• £117.42 for the first hour.
• £13.06 for each subsequent quarter of an hour.

For attending an identification parade where paragraph (2) does not apply:

• £96.62 for the first hour.
• £12.18 for each subsequent quarter of an hour.

Where attendance at an identification parade is required on more than one occasion, each occasion is a separate identification parade.

A “solicitor” means the duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor.

Court duty solicitor fees

As a duty solicitor representing an accused person in the sheriff or JP court, you are entitled to the following fees [regulation 6 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For appearing in either the sheriff or JP court

£72.10 for work done for each client appearing from custody or on an undertaking for which a plea of guilty is tendered.

For attendance at the first session of a court for the day

A sessional fee of £64.89 for the first case and £9.27 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £140 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier.

For attendance at any other session of that court on the same day

A sessional fee of £64.89 for the first case and £9.27 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £93 for each such other session. Provided that the fee shall cover the appearance in court of the duty solicitor on behalf of the client as well as any interviews with the client or others.

Duty sessions

“Session” has a particular meaning in the context of the criminal fees regulations, as a block of work carried out at any given time terminating only on completion of business for the day or on an adjournment by the court.

It is not open to you to unilaterally declare a new session simply because of the number of clients seen in relation to the per capita fees.  You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.

Duty follow-up fees

If as the duty solicitor you are required to appear again after a plea of guilty or numerous adjournments from the court, an additional fee shall be payable for:

• Additional interviews with the client or others.
• Attendances at court outwith the course of your period of duty.

Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. This additional fee should not exceed £150.  This duty follow-up limit includes the initial £72.10 payment in respect of the initial guilty plea.

The enhanced guilty plea payment is discounted from the follow-up cap. However, we have the discretion to increase the cap in exceptional cases. You should contact the Criminal Applications Department for prior authorisation.

Preliminary pleas and pleas to the competency/relevancy

You are also allowed an additional fee as the court duty solicitor making:

• A preliminary plea to the competency or relevancy of the petition or complaint.
• Any plea in bar of trial or any mental health proof.

The amount of such additional fee should not exceed £150. We have a discretion to lift this cap in appropriate cases.

Client released prior to any court appearance

There is still provision for payment to be made to the court duty solicitor where you see a client in custody but prior to any court appearance the client:

• Is released.
• Is transferred.
• Accepts a fine.

The court duty solicitor can charge the per capita fee of £9.27, as appropriate.

The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.

 

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

SCHEDULE 1

FEES OF SOLICITORS

Notes on the operation of Schedule 1

1.—

(1)   In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-—

(a)   for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;

(b)   for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).

(2)   In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)   for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)   paragraph 3(a) is column A;

(ii)   paragraph 3(b) or (c) is column B;

(b)   for proceedings in the sheriff court is column C.

(3)   In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—

(a)   is column A if the proceedings relate to any of the following offences:—

(i)   murder;

(ii)   multiple attempted murder;

(iii)   culpable homicide;

(iv)   rape;

(v)   assault and robbery involving commercial premises;

(vi)   importation of controlled drugs;

(vii)   an offence under section 1 of the 1988 Act (causing death by dangerous driving);

(viii)   an offence under the Explosive Substances Act 1883;

(ix)   a firearms offence;

(x)   incest;

(xi)   sodomy

(xii)   sedition;

(xiii)   treason;

(xiv)   torture; and

(xv)   war crimes;

(b)   is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

(3A)   Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

(4)   For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

(5)   The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–

(a)   travel;

(b)   attending locus visits;

(c)   work in connection with the taking of a witness precognition;

(d)   perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

(e)   instructing expert witnesses;

(f)   conducting, or attending court when counsel is conducting, a hearing;

(g)   time spent waiting;

(h)   post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

(i)   the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2.   In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.

3.   Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for—

(a)   making a telephone call that is not answered;

(b)   making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)   framing a file note;

(d)   framing a precognition following a meeting where a file note would suffice;

(e)   perusing correspondence;

(f)   a letter of acknowledgement, unless expressly requested or required;

(g)   more than two consultations, except on cause shown;

(h)   a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)   more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)   preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);

(k)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless—

(i)   the indictment, containing a libel against the client, proceeds to trial; or

(ii)   on or after the day fixed for trial, the Crown withdraws any libel against the client.

(l)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

(m)   preparing for a subsequent day of trial if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

(n)   more than one solicitor attending a hearing, without the prior sanction of the Board;

(o)   during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

(p)   settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.

3A.   (1)   In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.

(2)   Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.

Calculation of fees for time at court and travelling

3AA.   The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.

Research

3B.   The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:—

(a)   the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and

(b)   the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Time spent waiting and travelling

4.   A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5.—(1)   Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from—

(a)   court, provided that—

(i)   a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)   a meeting with the client

(i)   in prison; or

(ii)   Selsewhere, if the client is unable to travel on medical grounds;

(c)   a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)   a consultation with counsel or an expert witness;

(e)   a locus inspection;

(f)   court, provided that—

(2)   an examination of productions.

(3)   A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(4)   The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6.   Where agency is transferred from one solicitor to another—

(a)   the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)   the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7.—(1)   The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £14.41 for each quarter of an hour.

(2)   This paragraph applies to a precognition in relation to solemn proceedings if—

(a)   it is the first precognition of the client; or

(b)   cause is shown that the statement had to be taken by a solicitor.

Interpretation

8.   In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

PART 1

DETAILED FEES

						Summary Procedure	Solemn Procedure
1.	In connection with the conduct of a hearing—
	(a)		in summary proceedings, the fee for—
			(i)	any time up to the first half hour spent by a solicitor conducting the hearing		£31.14
			(ii)	each quarter hour spent, subsequent to the first half hour, conducting the hearing		£15.58
	(b)		in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing				£20.79
1A	Supplementary fee, payable in addition to the fee under paragraph 1, 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 or attend a first examination.					£80.00	£80.00
2.	The fee for any of the following:—					£6.82	£7.90
	(a)		each citation of a witness, including execution;
	(b)		framing and drawing necessary papers other than those referred to in paragraph 3(c);
	(c)		instructing messengers at arms and sheriff officers, including examining execution and settling fee;
	(d)		lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and
	(e)		letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3.	The fee for any of the following:—					£2.75	£3.14
	(a)		attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;
	(b)		short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;
	(c)		framing formal papers, including inventories and title pages, per sheet (or part thereof);
	(d)		revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and
	(e)		subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
4.	In connection with taking a precognition in relation to solemn proceedings—
	(a)		subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent—
			(i)		travelling		£13.13
			(ii)		taking a statement		£13.13
	(b)		the fee for—
			(i)		framing the precognition, per sheet		£2.75
			(ii)		each letter making arrangements for taking a statement		£1.66
			(iii)		a telephone call, of any duration		£1.09
5.	There is no fee for photocopying—
	(a)		where fewer than 20 sheets are copied at any one time;
	(b)		in relation to the first 20 sheets copied at any one time.
	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—
	(a)		for each sheet copied for up to 10,000 sheets			£0.05	£0.05
	(b)		for each sheet copied in addition to the first 10,000 sheets			£0.01	£0.01
5A.	The fee for each quarter of an hour spent travelling—
	(a)		by a solicitor			£6.01	£6.95
	(b)		by a solicitor’s clerk			£3.00	£3.48
6.	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—
	(a)	by a solicitor, provided the time is additional to the total time charged for under paragraph 1				£12.00	£13.86
	(b)	by a solicitor’s clerk				£5.98	£6.95

 

PART 2

INCLUSIVE FEES

			Column A	Column B	Column C
1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where—
(a)	at the first examination the client is either—
	(i)	not committed for further examination; or	£172.61	£151.04	£64.74
	(ii)	committed for further examination and admitted to bail.
(b)	at the first examination the client is committed for further examination and not admitted to bail.		£258.92	£237.35	£151.04
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents			£64.74	£64.74	£64.74
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case			£496.26	£345.22	£172.61
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–
(a)	the first day of trial		£453.10	£323.65	£172.61
(b)	a subsequent day of trial		£172.61	£129.47	£43.16
4A. The fee for preparation for			£43.16	£43.16	£43.16
(a)	a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty);
(b)	a hearing on a plea in bar of trial;
(c)	a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.
5. The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal			£201.01	£201.01	£114.71
6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–			£172.61	£172.61	£172.61
(a)	a devolution issue, in terms of Schedule 6 to the Scotland Act 1998;
(ab)	a compatibility issue in terms of section 288ZA of the 1995 Act;
(b)	a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
(c)	a specification of documents;
(d)	a precognition on oath;
(e)	an evidence on commission;
(f)	an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
(g)	a proof in mitigation; and
(h)	an examination of facts.

 

 

 

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

SCHEDULE 1

FEES OF SOLICITORS

Notes on the operation of Schedule 1

1.—

(1)   In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-—

(a)   for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;

(b)   for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).

(2)   In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)   for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)   paragraph 3(a) is column A;

(ii)   paragraph 3(b) or (c) is column B;

(b)   for proceedings in the sheriff court is column C.

(3)   In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—

(a)   is column A if the proceedings relate to any of the following offences:—

(i)   murder;

(ii)   multiple attempted murder;

(iii)   culpable homicide;

(iv)   rape;

(v)   assault and robbery involving commercial premises;

(vi)   importation of controlled drugs;

(vii)   an offence under section 1 of the 1988 Act (causing death by dangerous driving);

(viii)   an offence under the Explosive Substances Act 1883;

(ix)   a firearms offence;

(x)   incest;

(xi)   sodomy

(xii)   sedition;

(xiii)   treason;

(xiv)   torture; and

(xv)   war crimes;

(b)   is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

(3A)   Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

(4)   For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

(5)   The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–

(a)   travel;

(b)   attending locus visits;

(c)   work in connection with the taking of a witness precognition;

(d)   perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

(e)   instructing expert witnesses;

(f)   conducting, or attending court when counsel is conducting, a hearing;

(g)   time spent waiting;

(h)   post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

(i)   the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2.   In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.

3.   Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for—

(a)   making a telephone call that is not answered;

(b)   making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)   framing a file note;

(d)   framing a precognition following a meeting where a file note would suffice;

(e)   perusing correspondence;

(f)   a letter of acknowledgement, unless expressly requested or required;

(g)   more than two consultations, except on cause shown;

(h)   a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)   more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)   preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);

(k)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless—

(i)   the indictment, containing a libel against the client, proceeds to trial; or

(ii)   on or after the day fixed for trial, the Crown withdraws any libel against the client.

(l)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

(m)   preparing for a subsequent day of trial if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

(n)   more than one solicitor attending a hearing, without the prior sanction of the Board;

(o)   during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

(p)   settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.

3A.   (1)   In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.

(2)   Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.

Calculation of fees for time at court and travelling

3AA.   The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.

Research

3B.   The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:—

(a)   the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and

(b)   the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Time spent waiting and travelling

4.   A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5.—(1)   Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from—

(a)   court, provided that—

(i)   a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)   a meeting with the client

(i)   in prison; or

(ii)   Selsewhere, if the client is unable to travel on medical grounds;

(c)   a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)   a consultation with counsel or an expert witness;

(e)   a locus inspection;

(f)   court, provided that—

(2)   an examination of productions.

(3)   A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(4)   The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6.   Where agency is transferred from one solicitor to another—

(a)   the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)   the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7.—(1)   The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £13.72 for each quarter of an hour.

(2)   This paragraph applies to a precognition in relation to solemn proceedings if—

(a)   it is the first precognition of the client; or

(b)   cause is shown that the statement had to be taken by a solicitor.

Interpretation

8.   In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

PART 1

DETAILED FEES

						Summary Procedure	Solemn Procedure
1.	In connection with the conduct of a hearing—
	(a)		in summary proceedings, the fee for—
			(i)	any time up to the first half hour spent by a solicitor conducting the hearing		£29.65
			(ii)	each quarter hour spent, subsequent to the first half hour, conducting the hearing		£14.83
	(b)		in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing				£19.80
2.	The fee for any of the following:—					£6.49	£7.52
	(a)		each citation of a witness, including execution;
	(b)		framing and drawing necessary papers other than those referred to in paragraph 3(c);
	(c)		instructing messengers at arms and sheriff officers, including examining execution and settling fee;
	(d)		lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and
	(e)		letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3.	The fee for any of the following:—					£2.61	£2.99
	(a)		attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;
	(b)		short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;
	(c)		framing formal papers, including inventories and title pages, per sheet (or part thereof);
	(d)		revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and
	(e)		subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
4.	In connection with taking a precognition in relation to solemn proceedings—
	(a)		subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent—
			(i)		travelling		£12.50
			(ii)		taking a statement		£12.50
	(b)		the fee for—
			(i)		framing the precognition, per sheet		£2.61
			(ii)		each letter making arrangements for taking a statement		£1.58
			(iii)		a telephone call, of any duration		£1.03
5.	There is no fee for photocopying—
	(a)		where fewer than 20 sheets are copied at any one time;
	(b)		in relation to the first 20 sheets copied at any one time.
	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—
	(a)		for each sheet copied for up to 10,000 sheets			£0.05	£0.05
	(b)		for each sheet copied in addition to the first 10,000 sheets			£0.01	£0.01
5A.	The fee for each quarter of an hour spent travelling—
	(a)		by a solicitor			£5.72	£6.61
	(b)		by a solicitor’s clerk			£2.85	£3.31
6.	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—
	(a)	by a solicitor, provided the time is additional to the total time charged for under paragraph 1				£11.42	£13.20
	(b)	by a solicitor’s clerk				£5.69	£6.61

 

PART 2

INCLUSIVE FEES

			Column A	Column B	Column C
1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where—
(a)	at the first examination the client is either—
	(i)	not committed for further examination; or	£164.39	£143.84	£61.65
	(ii)	committed for further examination and admitted to bail.
(b)	at the first examination the client is committed for further examination and not admitted to bail.		£246.59	£226.04	£143.84
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents			£61.65	£61.65	£61.65
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case			£472.62	£328.78	£164.39
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–
(a)	the first day of trial		£431.52	£308.23	£164.39
(b)	a subsequent day of trial		£164.39	£123.30	£41.10
4A. The fee for preparation for			£41.10	£41.10	£41.10
(a)	a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty);
(b)	a hearing on a plea in bar of trial;
(c)	a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.
5. The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal			£191.43	£191.43	£109.24
6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–			£164.39	£164.39	£164.39
(a)	a devolution issue, in terms of Schedule 6 to the Scotland Act 1998;
(ab)	a compatibility issue in terms of section 288ZA of the 1995 Act;
(b)	a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
(c)	a specification of documents;
(d)	a precognition on oath;
(e)	an evidence on commission;
(f)	an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
(g)	a proof in mitigation; and
(h)	an examination of facts.

 

Schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

[52]
Notes on the operation of Schedule 1

1.—

[53]In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-

(a)for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;

(b)for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).

(2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)paragraph 3(a) is column A;

(ii)paragraph 3(b) or (c) is column B;

(b)for proceedings in the sheriff court is column C.

(3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)       is column A if the proceedings relate to any of the following offences:—

(i)        murder;

(ii)       multiple attempted murder;

(iii)      culpable homicide;

(iv)     rape;

(v)      assault and robbery involving commercial premises;

(vi)     importation of controlled drugs;

(vii)    an offence under section 1 of the 1988 Act (causing death by dangerous driving);

(viii)   an offence under the Explosive Substances Act 1883;

(ix)      a firearms offence;

(x)       incest;

(xi)      sodomy;

(xii)     sedition;

(xiii)    treason;

(xiv)   torture; and

(xv)    war crimes;

(b)       is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

[54](3A)  Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

(4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

(5) [55]The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees [56]and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–

(a)       travel;

(b)       attending locus visits;

(c)       work in connection with the taking of a witness precognition;

(d)       perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

(e)       instructing expert witnesses;

(f)        conducting, or attending court when counsel is conducting, a hearing;

(g)       time spent waiting;

(h)       post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

(i)        the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2. In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.
3. Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for–

(a)making a telephone call that is not answered;

(b)making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)framing a file note;

(d)framing a precognition following a meeting where a file note would suffice;

(e)perusing correspondence;

(f)a letter of acknowledgement, unless expressly requested or required;

(g)more than two consultations, except on cause shown;

(h)a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)[57]preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);

(k)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless-

(i)   the indictment, containing a libel against the client, proceeds to trial; or

(ii)   on or after the day fixed for trial, the Crown withdraws any libel against the client.

(l)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

(m)preparing for a subsequent day of trial[58] if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

(n)more than one solicitor attending a hearing, without the prior sanction of the Board;

(o)during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

(p)settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.

[59]3A.    (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.

(2)Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.

[60]Calculation of fees for time at court and travelling

3AA.  The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.

Research

3B.      The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:-

(a)the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and

(b)the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Time spent waiting and travelling

4. A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5.—(1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from–

(a)court, provided that–

(i)    a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)a meeting with the client–

(i)    in prison; or

(ii)    elsewhere, if the client is unable to travel on medical grounds;

(c)a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)a consultation with counsel or an expert witness;

(e)a locus inspection;

(f)an examination of productions.

(2) A fee for travelling time is chargeable in circumstances other than those listed in sub-paragraph (1) only if the Board, or as the case may be the auditor, is satisfied that it was necessary for the advancement of the case that the solicitor be physically present at the place travelled to.

(3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6. Where agency is transferred from one solicitor to another–

(a)the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7.—(1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £13.06[61] for each quarter of an hour.

(2) This paragraph applies to a precognition in relation to solemn proceedings if–

(a)it is the first precognition of the client; or

(b)cause is shown that the statement had to be taken by a solicitor.

Interpretation

8. In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, [62]the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

PART 2

INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS

([1])   The Criminal Procedure (Scotland) Act 1995 (c.46).  Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.

([2])   Scotland Act 1998 c.46.

([3])   Section 288ZA was inserted by the Scotland Act 2012 (c.11), section 34(3).

Schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

[52]
Notes on the operation of Schedule 1

1.—

[53]In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-

(a)for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;

(b)for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).

(2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)paragraph 3(a) is column A;

(ii)paragraph 3(b) or (c) is column B;

(b)for proceedings in the sheriff court is column C.

(3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)       is column A if the proceedings relate to any of the following offences:—

(i)        murder;

(ii)       multiple attempted murder;

(iii)      culpable homicide;

(iv)     rape;

(v)      assault and robbery involving commercial premises;

(vi)     importation of controlled drugs;

(vii)    an offence under section 1 of the 1988 Act (causing death by dangerous driving);

(viii)   an offence under the Explosive Substances Act 1883;

(ix)      a firearms offence;

(x)       incest;

(xi)      sodomy;

(xii)     sedition;

(xiii)    treason;

(xiv)   torture; and

(xv)    war crimes;

(b)       is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

[54](3A)  Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

(4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

(5) [55]The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees [56]and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–

(a)       travel;

(b)       attending locus visits;

(c)       work in connection with the taking of a witness precognition;

(d)       perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

(e)       instructing expert witnesses;

(f)        conducting, or attending court when counsel is conducting, a hearing;

(g)       time spent waiting;

(h)       post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

(i)        the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2. In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.
3. Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for–

(a)making a telephone call that is not answered;

(b)making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)framing a file note;

(d)framing a precognition following a meeting where a file note would suffice;

(e)perusing correspondence;

(f)a letter of acknowledgement, unless expressly requested or required;

(g)more than two consultations, except on cause shown;

(h)a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)[57]preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);

(k)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless-

(i)   the indictment, containing a libel against the client, proceeds to trial; or

(ii)   on or after the day fixed for trial, the Crown withdraws any libel against the client.

(l)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

(m)preparing for a subsequent day of trial[58] if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

(n)more than one solicitor attending a hearing, without the prior sanction of the Board;

(o)during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

(p)settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.

[59]3A.    (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.

(2)Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.

[60]Calculation of fees for time at court and travelling

3AA.  The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.

Research

3B.      The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:-

(a)the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and

(b)the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Time spent waiting and travelling

4. A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5.—(1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from–

(a)court, provided that–

(i)    a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)a meeting with the client–

(i)    in prison; or

(ii)    elsewhere, if the client is unable to travel on medical grounds;

(c)a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)a consultation with counsel or an expert witness;

(e)a locus inspection;

(f)an examination of productions.

(2) A fee for travelling time is chargeable in circumstances other than those listed in sub-paragraph (1) only if the Board, or as the case may be the auditor, is satisfied that it was necessary for the advancement of the case that the solicitor be physically present at the place travelled to.

(3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6. Where agency is transferred from one solicitor to another–

(a)the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7.—(1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £13.06[61] for each quarter of an hour.

(2) This paragraph applies to a precognition in relation to solemn proceedings if–

(a)it is the first precognition of the client; or

(b)cause is shown that the statement had to be taken by a solicitor.

Interpretation

8. In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, [62]the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

PART 1
DETAILED FEES

 

	Summary Procedure	Solemn Procedure
1. In connection with the conduct of a hearing–
(a) in summary proceedings, the fee for –
(i) any time up to the first half hour spent by a solicitor conducting the hearing	£27.40	—
(ii) each quarter hour spent, subsequent to the first half hour, conducting the hearing	£13.70	—
(b) in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing		[63]£18.30
2. The fee for any of the following:–	£6.00	[64]£6.95
(a) each citation of a witness, including execution; (b) framing and drawing necessary papers other than those referred to in paragraph 3(c);
(c) instructing messengers at arms and sheriff officers, including examining execution and settling fee;
(d) lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(e); and
(e) letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3. The fee for any of the following:–	£2.40	[65]£2.75
(a) attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;
(b) short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;
(c) framing formal papers, including inventories and title pages, per sheet (or part thereof);
(d) revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and
(e) subject to paragraph 4(e), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
4. In connection with taking a precognition in relation to solemn proceedings–
(a) subject to paragraph 7 of the notes on the operation of Schedule 1, the fee for each hour (or part thereof) spent–
(i) travelling	—	[66]£11.55
(ii) taking a statement	—	[67]£11.55
(b) the fee for–
(i) framing the precognition, per sheet		[68]£2.40
(ii) each letter making arrangements for taking a statement		[69]£1.45
(iii) a telephone call, of any duration	—	[70]£0.95
[71]5. (a) There is no fee for photocopying-   (i)where fewer than 20 sheets are copied at any one time; (ii)in relation to the first 20 sheets copied at any one time.   (b)Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is –   (i)for each sheet copied for up to 10,000 sheets (ii)for each sheet copied in addition to the first 10,000 sheets	£0.05   £0.01	£0.05   £0.01
5A.[72] The fee for each quarter of an hour spent travelling –   (a) by a solicitor (b) by a solicitor’s clerk	£5.28 £2.63	[73]£6.10 [74]£3.05
6. The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs–
(a) by a solicitor, provided the time is additional to the total time charged for under paragraph 1	£10.55	[75]£12.20
(b) by a solicitor’s clerk	£5.25	[76]£6.10

 

PART 2
INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS

 

	Column A	Column B	Column C
1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where–
(a) at the first examination the client is either–
(i) not committed for further examination; or	£152.00	£133.00	£57.00
(ii) committed for further examination and admitted to bail.
(b) at the first examination the client is committed for further examination and not admitted to bail.	£228.00	£209.00	£133.00
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents	£57.00	£57.00	£57.00
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case	£437.00	£304.00	£152.00
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–
(a) the first day of trial	£399.00	£285.00	£152.00
(b) a subsequent day of trial[77]	£152.00	£114.00	£38.00
[78]4A. The fee for preparation for   (a) a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty); (b) a hearing on a plea in bar of trial; (c) a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.	£38.00	£38.00	£38.00
5. The fee for all work in connection with post conviction discussions , [79]advice and representation including advising and giving an opinion on the prospects of any appeal	[80]£177.00	[81]£177.00	[82]£101.00
6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–	£152.00	£152.00	£152.00
(a) a devolution issue, in terms of Schedule 6 to the Scotland Act 1998(6);
[84](ab) a compatibility issue in terms of section 288ZA of the 1995 Act; (b) a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
(c) a specification of documents;
(d) a precognition on oath;
(e) an evidence on commission;
(f) an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
(g) a proof in mitigation; and
(h) an examination of facts.

 

 

[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

 

 

[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

([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.

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

 

 

[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

 

 

 

[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

 

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

 

 

([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).

	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

 

 

[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

 

 

[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

 

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

PART 1

PART 2

 

([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

 

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

 

 

[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

 

 

[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

[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

 

 

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

SCHEDULE 1

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR LEGAL AID MADE AVAILABLE UNDER SECTION 30 OF THE ACT IN CONNECTION WITH PROCEEDINGS FOR CONTEMPT OF COURT

Regulation 4

  1.   The fee for—

(a)    any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing shall be £31.14;

(b)   each quarter hour (or part thereof) subsequent to the first half hour spent appearing in court or conducting another hearing shall be £15.58;

  2.   The fee for—

(a)   each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 hereof, provided that any time is additional to the total time charged for under paragraph 1 above shall be £12.00;

(b)   each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 5 hereof shall be £ 5.98

  3.   The fee for—

(a)   each citation of a witness including execution thereof;

(b)   framing and drawing precognitions and other necessary papers, subject to paragraph 4(c) below – per sheet (or part thereof);

(c)   instructing messengers-at-arms and sheriff officers, including examining execution and setting fee;

(d)   lengthy telephone calls (of over 4 and up to 10 minutes duration); and

(e)   letters, including instructions to counsel – per page or part thereof), subject to paragraph 4(b) below,

shall be £ 6.82.

  4.   The fee for—

(a)   attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;

(b)   short letters of a formal nature, intimations and letters confirming telephone calls;

(c)   framing formal papers, including inventories and title pages - per sheet (or part thereof);

(d)   revising papers drawn by counsel or where revisal ordered by court - per 5 sheets (or part thereof); and

(e)   short telephone calls (of up to 4 minutes duration),

shall be £ 2.75.

  4A.   The fee for each quarter of an hour (or part thereof) spent travelling—

(a)   by a solicitor is £6.01

(b)   by a solicitor's clerk is £ 3.00

  5.   (a)   There is no fee for photocopying—

(i)   where fewer than 20 sheets are copied at one time;

(ii)   in relation to the first 20 sheets copied at any one time.

(b)   Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—

(i)   5 pence for each sheet copied for up to 10,000 sheets; and

(ii)   1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

  5A.   Calculation of fees for time at court and travelling

The fees under paragraphs 1, 2 and 4A are payable on the basis of the total time engaged per day.

Interpretation

  6.   In this Table—

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

 

 

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

SCHEDULE 1

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR LEGAL AID MADE AVAILABLE UNDER SECTION 30 OF THE ACT IN CONNECTION WITH PROCEEDINGS FOR CONTEMPT OF COURT

Regulation 4

  1.   The fee for—

(a)    any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing shall be £29.65;

(b)   each quarter hour (or part thereof) subsequent to the first half hour spent appearing in court or conducting another hearing shall be £14.83;

  2.   The fee for—

(a)   each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 hereof, provided that any time is additional to the total time charged for under paragraph 1 above shall be £11.42;

(b)   each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 5 hereof shall be £ 5.69

  3.   The fee for—

(a)   each citation of a witness including execution thereof;

(b)   framing and drawing precognitions and other necessary papers, subject to paragraph 4(c) below – per sheet (or part thereof);

(c)   instructing messengers-at-arms and sheriff officers, including examining execution and setting fee;

(d)   lengthy telephone calls (of over 4 and up to 10 minutes duration); and

(e)   letters, including instructions to counsel – per page or part thereof), subject to paragraph 4(b) below,

shall be £ 6.49.

  4.   The fee for—

(a)   attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;

(b)   short letters of a formal nature, intimations and letters confirming telephone calls;

(c)   framing formal papers, including inventories and title pages - per sheet (or part thereof);

(d)   revising papers drawn by counsel or where revisal ordered by court - per 5 sheets (or part thereof); and

(e)   short telephone calls (of up to 4 minutes duration),

shall be £ 2.61.

  4A.   The fee for each quarter of an hour (or part thereof) spent travelling—

(a)   by a solicitor is £5.72.

(b)   by a solicitor's clerk is £ 2.85

  5.   (a)   There is no fee for photocopying—

(i)   where fewer than 20 sheets are copied at one time;

(ii)   in relation to the first 20 sheets copied at any one time.

(b)   Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—

(i)   5 pence for each sheet copied for up to 10,000 sheets; and

(ii)   1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

  5A.   Calculation of fees for time at court and travelling

The fees under paragraphs 1, 2 and 4A are payable on the basis of the total time engaged per day.

Interpretation

  6.   In this Table—

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

 

 

Calculation of fees for time at court and travelling

5A.  The fees under paragraphs 1, 2 and 4A are payable on the basis of the total time engaged per day.

Interpretation

6. In this Table –

a "sheet" shall consist of 250 words or numbers;  and

a "page" shall consist of 125 words or numbers.

 

 

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

SCHEDULE 2A

FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES

Regulation 5

 

   1.    Fees shall be calculated in accordance with the Table of Fees in this Schedule.

   2.    In the Table of Fees :–

(a)   a “sheet” shall consist of 250 words or numbers;

(b)   a “page” shall consist of 125 words or numbers.

   3.    The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

Table of Fees

1.	The fee for—
	(a)	any time up to the first half hour spent by a solicitor conducting a proof or hearing		£37.66
	(b)	each quarter hour (or part thereof) subsequent to the first half hour		£18.86
2.	The fee for—
	(a)	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 7 of this table, provided that any time is additional to the total time charged for under paragraph 1		£14.49
	(b)	each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 7 of this table		£7.23
3.	The fee for framing affidavits – per sheet (or part thereof)			£11.90
4.	The fee for—
	(a)	framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof)
	(b)	each citation of a party, witness or haver including execution thereof
	(c)	instructing sheriff officers, including examining execution and settling fee
	(d)	agency accepting service or any writ
	(e)	lodging first step of process
	(f)	lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
	(g)	letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below
	(h)	perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter
	Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
	in each of sub-paragraphs (a) to (h).			£8.25
5.	The fee for—
	(a)	attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
	(b)	revising papers drawn by counsel, where ordered or necessary – per 5 sheets (or part thereof)
	(c)	framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
	(d)	certifying or signing a document
	(e)	short telephone calls (of up to 4 minutes duration)
	(f)	short letters of a formal nature, intimations, and letters confirming telephone calls
	in each of sub-paragraphs (a) to (f)			£3.30
6.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor		£7.26
	(b)	by a solicitor’s clerk		£3.63
7.	(a)	There is no fee for photocopying—
		(i)	where fewer than 20 sheets are copied at any one time
		(ii)	in relation to the first 20 sheets copied at any one time
	(b)	Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—
		(i)	for each sheet copied for up to 10,000 sheets	£0.05
		(ii)	for each sheet copied in addition to the first 10,000 sheets	£0.01

 

 

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

SCHEDULE 2A

FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES

Regulation 5

 

   1.    Fees shall be calculated in accordance with the Table of Fees in this Schedule.

   2.    In the Table of Fees :–

(a)   a “sheet” shall consist of 250 words or numbers;

(b)   a “page” shall consist of 125 words or numbers.

   3.    The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

Table of Fees

1.	The fee for—
	(a)	any time up to the first half hour spent by a solicitor conducting a proof or hearing		£35.86
	(b)	each quarter hour (or part thereof) subsequent to the first half hour		£17.96
2.	The fee for—
	(a)	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 7 of this table, provided that any time is additional to the total time charged for under paragraph 1		£13.80
	(b)	each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 7 of this table		£6.88
3.	The fee for framing affidavits – per sheet (or part thereof)			£11.33
4.	The fee for—
	(a)	framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof)
	(b)	each citation of a party, witness or haver including execution thereof
	(c)	instructing sheriff officers, including examining execution and settling fee
	(d)	agency accepting service or any writ
	(e)	lodging first step of process
	(f)	lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
	(g)	letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below
	(h)	perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter
	Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
	in each of sub-paragraphs (a) to (h).			£7.85
5.	The fee for—
	(a)	attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
	(b)	revising papers drawn by counsel, where ordered or necessary – per 5 sheets (or part thereof)
	(c)	framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
	(d)	certifying or signing a document
	(e)	short telephone calls (of up to 4 minutes duration)
	(f)	short letters of a formal nature, intimations, and letters confirming telephone calls
	in each of sub-paragraphs (a) to (f)			£3.14
6.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor		£6.91
	(b)	by a solicitor’s clerk		£3.45
7.	(a)	There is no fee for photocopying—
		(i)	where fewer than 20 sheets are copied at any one time
		(ii)	in relation to the first 20 sheets copied at any one time
	(b)	Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—
		(i)	for each sheet copied for up to 10,000 sheets	£0.05
		(ii)	for each sheet copied in addition to the first 10,000 sheets	£0.01

Schedule 2A of the Civil Legal Aid (Scotland) (Fees) Regulations 1989.

1. 1. Fees shall be calculated in accordance with the Table of Fees in this Schedule.

 

2. In the Table of Fees -

 

(a) a “sheet” shall consist of 250 words or numbers;

(b) a “page” shall consist of 125 words or numbers.

3. 3. The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

 

[77]FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES[78]

Regulation 5

Fees shall be calculated in accordance with the Table of Fees in this Schedule.
In the Table of Fees -

(a)      a “sheet” shall consist of 250 words or numbers;

(b)      a “page” shall consist of 125 words or numbers.

The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

1.	The fee for- (a) any time up to the first half hour spent by a solicitor conducting a proof or hearing; (b) each quarter hour (or part thereof) subsequent to the first half hour.	£33.15 £16.60
2.	The fee for- (a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to [79]7 hereof, provided that any time is additional to the total time charged for under paragraph 1 above; (b) each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to [80]7 hereof.	£12.75   £6.35
3.	The fee for- framing affidavits – per sheet (or part thereof)	£10.47
4.	The fee for- (a) framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof); (b) each citation of a party, witness or haver including execution thereof; (c) instructing sheriff officers, including examining execution and settling fee; (d) agency accepting service or any writ; (e) lodging first step of process; (f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration); (g) letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below; (h) perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter- Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above, in each of sub-paragraphs (a) to (h).	£7.25
5.	The fee for- (a) attendance at court [81]or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged; (b) revising papers drawn by counsel, where ordered or necessary – per 5 sheets [82](or part thereof); (c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof); (d) certifying or signing a document; (e) short telephone calls (of up to 4 minutes duration); (f) short letters of a formal nature, intimations, and letters confirming telephone calls,   in each of sub-paragraphs (a) to (f).	£2.90
6.	The fee for each quarter of an hour (or part thereof) spent travelling- (a) by a solicitor; (b) by a solicitor’s clerk.	£6.38 £3.18
7.	(a) There is no fee for photocopying- (i) where fewer than 20 sheets are copied any one time; (ii) in relation to the first 20 sheets copied at any one time. (b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is- (i) for each sheet copied for up to 10,000 sheets; (ii) for each sheet copied in addition to the first 10,000 sheets.	£0.05 £0.01