The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012

Consultations

8.—(1) After paragraph 16, insert—

“16A.— (1) A consultation fee is payable under paragraph 5 of Chapter 1 or 2 of Part 1 and paragraph 4 of Chapter 1 or 2 of Part 3 of the Table of Fees only once a day for a case, regardless of how many consultations in relation to that case are held that day. This applies where any of the following parties attend more than one consultation in one day—

(a) the same counsel and solicitor;

(b) the same counsel and accused;

(c) the same counsel and Crown counsel or Procurator Fiscal; or

(d) the same counsel and expert.”.

(2) A fee for an abortive consultation is payable under paragraph 5A of Chapter 1 or 2 of Part 1 and paragraph 4A of Chapter 1 or 2 of Part 3 of the Table of Fees where counsel attended for a consultation but the consultation did not proceed due to no fault of counsel.”.

(2) For paragraph 17(e) substitute—

“(e) subject to paragraph (ee), the prescribed fees for a trial or any hearing shall include all work undertaken in the case that day;”.

(3) After paragraph 17(e) insert—

“(ee) a fee for a consultation with an expert, in addition to the prescribed fees for a trial or a hearing under paragraph (e), may be payable where counsel establishes that—

(i) previous attempts had been made to consult with the expert which were unsuccessful;

(ii) the need to hold the consultation was urgent; and

(iii) the consultation took place on the same day as the trial or hearing before 0800 hours or after 1800 hours due to the limited availability of the expert;”.

(4) In Part 1 of the Table of Fees—

(a) in Chapter 1 (fees of junior counsel in the High Court of Justiciary), after paragraph 5 insert—

“5A. Fee for abortive consultation

£105.00

£92.00

£67.50”; and

(b) in Chapter 2 (fees of senior counsel in the High Court of Justiciary), after paragraph 5 insert—

“5A. Fee for abortive consultation

£125.00”.

(5) In Part 3 of the Table of Fees—

(a) in Chapter 1 (fees of junior counsel in the sheriff and district court), after paragraph 4 insert—

“4A. Fee for abortive consultation

£89.00

£77.00

£54.00”; and

(b) in Chapter 2 (fees of senior counsel in the sheriff and district court), after paragraph 4 insert—

“4A. Fee for abortive consultation

£100.00”.