Legal aid fees

Please note: The fees shown are for current rates only unless labelled as showing both pre and post 26 April 2019 fees.

Advice & Assistance & ABWOR

  • Advice & Assistance

    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:

    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) £11.95 £13.14 £13.14
    (ii) Solicitor’s clerk – per quarter hour (or part thereof) £5.95 £6.55 £6.55
    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) £2.72 £2.99 £2.99
    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) £6.80 £7.47 £7.47
    D. For taking and drawing precognitions – for the first sheet of 250 words or less £23.85 £26.27 £26.27
    for each subsequent sheet of 250 words £23.85 £26.27 £26.27
    for each subsequent sheet of less than 250 words £11.95 £13.14 £13.14
    DA. The fee for each quarter of an hour (or part thereof) spent travelling—
    (a) by a solicitor £5.98 £6.58 £6.58
    (b) by a solicitor’s clerk £2.98 £3.28 £3.28
    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.

    Interpretation

    In this Table –

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

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

  • ABWOR

    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:-

    Criminal Civil Children’s
    (b) 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])—
    1. The fee for—
    (i) any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; £28.23 £34.15 £34.15
    (ii) each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. £14.12 £17.10 £17.10
    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; £10.87 £13.14 £13.14
    (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. £5.41 £6.55 £6.55
    3. The fee for— £6.18 £7.47 £7.47
    (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— £2.48 £2.99 £2.99
    (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 £5.44 £6.58 £6.58
    (b) by a solicitor’s clerk £2.71 £3.28 £3.28
    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) 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.

    ([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.

  • Police station advice (pre and post 26 April 2019)

    Part 4 of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

    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.

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

    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
  • Investigative liberation and applications for questioning by the prosecutor

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

    A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016([1]).
    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. £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
    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. £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
    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. £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

     

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

Criminal legal aid - Solemn proceedings and summary detailed fees

  • Criminal legal aid – Solemn proceedings and summary detailed fees

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

    View notes on the operation of Schedule 1.

    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 £28.23
    (ii) each quarter hour spent, subsequent to the first half hour, conducting the hearing £14.12
    (b) in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing £18.85
    2. The fee for any of the following:— £6.18 £7.16
    (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:— £2.48 £2.84
    (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 £11.90
    (ii) taking a statement £11.90
    (b) the fee for—
    (i) framing the precognition, per sheet £2.48
    (ii) each letter making arrangements for taking a statement £1.50
    (iii) a telephone call, of any duration £0.98
    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 £5.44 £6.29
    (b) by a solicitor’s clerk £2.71 £3.15
    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 £10.87 £12.57
    (b) by a solicitor’s clerk £5.41 £6.29

    PART 2

    INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS

    PART 2

    INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS

     

    Column A Column B Column C
    1. The fee for all the 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
    (ii) committed for further examination and admitted to bail. £156.56 £136.99 £58.71
    (b) at the first examination the client is committed for further examination and not admitted to bail. £234.84 £215.27 £136.99
    2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents £58.71 £58.71 £58.71
    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 £450.11 £313.12 £156.56
    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 £410.97 £293.55 £156.56
    (b) a subsequent day of trial £156.56 £117.42 £39.14
    4A. The fee for preparation for—
    (a) a hearing under section 76 of the 1995 Act([1]) (procedure where accused decides to plead guilty); £39.14 £39.14 £39.14
    (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. £182.31 £182.31 £104.03
    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:— £156.56 £156.56 £156.56
    (a) a devolution issue, in terms of Schedule 6 to the Scotland Act 1998([2]);
    (ab) a compatibility issue in terms of section 288ZA([3]) of the 1995 Act;
    (b) a vulnerable witness 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.

    ([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).

     

Criminal legal aid - Summary Criminal & ABWOR fixed payments

  • Where a plea of not guilty was tendered and the case proceeds to trial

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

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

    or

    £38.63 where the hearing relates to more than one complaint

    £51.50 where the hearing relates to one complaint;

    or

    £77.25 where the hearing relates to more than one complaint

    £51.50 where the hearing relates to one complaint;

    or

    £77.25 where the hearing relates to more than one complaint

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

     

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

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

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

  • Where a plea of not guilty was tendered and the case does not proceed to trial

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

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

     

     

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

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

  • Where a plea of guilty is tendered or the case is continued without plea

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

    PART 1

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

    £38.63 where the hearing relates to more than one complaint

    £51.50 where the hearing relates to one complaint; or

    £77.25 where the hearing relates to more than one complaint

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

    PART 2

     

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

     

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

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

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

     

  • Drug court cases

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

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

Contempt of Court Proceedings

  • Contempt of court (pre and post 26 April 2019) for solicitors

    Schedule 1 of the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992

    Work done before 26 April 2019 Work done on or after 26 April 2019
    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 £27.40 £28.23
    (b) each quarter hour (or part thereof) subsequent to the first half hour spent appearing in court or conducting another hearing shall be £13.70 £14.12
    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 £10.55 £10.87
    (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 £5.25 £5.41
    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 settling 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 £6.00 £6.18
    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 £2.40 £2.48
    4A. The fee for each quarter of an hour (or part thereof) spent travelling -
    (a) by a solicitor is £5.28 £5.44
    (b) by a solicitor's clerk is £2.63 £2.71
    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) for each sheet copied for up to 10,000 sheets; and £0.05 £0.05
    (ii) for each sheet copied in addition to the first 10,000 sheets. £0.01 £0.01
    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.

    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

    1. In this Table –

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

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