The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2004

Scottish Statutory Instruments

2004 No. 264

LEGAL AID AND ADVICE

The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2004

Made

3rd June 2004

Laid before the Scottish Parliament

7th June 2004

Coming into force

28th June 2004

The Scottish Ministers, in exercise of the powers conferred by section 33(2)(a) and (3) of the Legal Aid (Scotland) Act 1986(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2004 and shall come into force on 28th June 2004.

Application

2.  These Regulations shall apply only to fees for work done or outlays incurred on or after 28th June 2004.

Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

3.  The Criminal Legal Aid (Scotland) (Fees) Regulations 1989(2) are amended in accordance with the following Regulations.

4.  For regulation 6(3) and (4) substitute–

“(3) There shall be allowed to the duty solicitor making, for an accused person in the sheriff court or district court, a preliminary plea to the competency or relevancy of the petition or complaint, or conducting any plea in bar of trial or any mental health proof, or any proof in mitigation or any proof of a victim statement, an additional fee to be calculated on the basis of the fees set out in Schedule 1, the amount of such additional fee to be such sum not exceeding £108.85 as shall form reasonable remuneration having regard to the additional work and time involved.

(4) Where the duty solicitor represents an accused person before a court which has been designated as a youth court, or as a domestic abuse court, by the sheriff principal, the maximum fees prescribed in paragraph (3) shall not apply.”.

5.  For regulation 7(1) substitute–

“(1) Subject to the provisions of regulations 4, 5, 6 and 9, and paragraph (2) of this Regulation, a solicitor shall be allowed such amount of fees as shall be determined to be reasonable remuneration for work actually and reasonably done, and travel and waiting time actually and reasonably undertaken or incurred, due regard being had to economy. The fees allowed shall be calculated in accordance with Schedule 1.”.

6.  For regulation 9 substitute–

“9.— (1) Subject to paragraph (2) accounts prepared in respect of fees and outlays allowable to solicitors and fees allowable to counsel shall be submitted to the Board not later than 4 months after the date of conclusion of the proceedings in respect of which that legal aid was granted.

(2) The Board may accept accounts submitted in respect of fees and outlays allowable to solicitors and fees allowable to counsel later than the 4 months referred to in paragraph (1) if it considers that there is a special reason for late submission.”.

7.  For Schedule 1 substitute the Schedule to these Regulations.

HUGH HENRY

A member of the Scottish Executive

St Andrew’s House, Edinburgh

3rd June 2004

Regulation 7

SCHEDULE

Regulation 7

“SCHEDULE DESCRIPTION OF WORK AND FEES FOR CALCULATING REMUNERATION OF SOLICITORS IN THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL AND IN THE HIGH, SHERIFF AND DISTRICT COURTS

TABLE OF FEES

	Summary Procedure	Solemn Procedure
1.   The fee for–
(a) any time up to the first half hour spent by a solicitor conducting a trial in court or conducting another hearing;	£27.40	£31.50
(b) each quarter hour (or part thereof) subsequent to the first half hour spent in so conducting a trial or other hearing.	£13.70	£15.75
2.   The fee for each quarter hour (or part thereof) spent by a solicitor in waiting time or meeting with the client, provided that any time is additional to the total time charged for under paragraph 1 above.	£10.55	£11.05
3.   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, 2 and 4 to 6 hereof, provided that any time is additional to the total time charged for under paragraphs 1 and 2 above;	£10.55	£10.55
(b) each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 4 to 6 hereof.	£5.25	£5.25
4.   The fee for– (a) each citation of a witness including execution thereof; (b) framing and drawing precognitions and other necessary papers, subject to paragraph 5(c) – 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 5(b) below,
in each of paragraphs (a) (e).	£6.00	£6.00
5.   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 inquiry 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),
in each of paragraphs (a) (e).	£2.40	£2.40
6.   Where a document is copied and it is necessary to take a copy of more than 20 sheets (whether 20 of one sheet, 5 of 4 sheets or whatever) for each sheet copied a fee of	£0.08	£0.08

Interpretation

7.   In this Schedule–

“court” means the Judicial Committee of the Privy Council, the High Court, the sheriff court or the district court as the case may be;

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

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

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (“the principal regulations”) (S.I. 1989/1491) to provide that–

(a) the duty solicitor may be allowed an additional fee under regulation 6 of the principal regulations in respect of any proof in mitigation or proof of a victim statement (regulation 4);

(b) the capped fees for the duty solicitor set out in regulation 6 of the principal regulations do not apply to appearances on behalf of an assisted person in a court which has been designated as a domestic abuse court by the sheriff principal (regulation 4);

(c) there is a time limit of 4 months from conclusion of proceedings for submission of accounts by solicitors and counsel, and the Scottish Legal Aid Board may allow such accounts to be submitted late on cause shown (regulation 6);

(d) the fees for certain work done by solicitors in solemn proceedings are increased (regulations 5 and 7 and the Schedule).

(1)

1986 c. 47. Section 33 was amended for purposes not relevant to these Regulations. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1989/1491 as amended by S.I. 1990/474 and 1035, 1991/566, 1992/374, 1994/1019, 1997/719, 1999/491 and 1042, and S.S.I. 2002/246 and 440, and 2003/249.