The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend Schedule 1 to the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 which make provision for fixed payments to be made from the Scottish Legal Aid Fund in respect of the professional services provided by a solicitor including certain prescribed outlays.

These Regulations amend Part 1 of Schedule 1 to provide for fixed payments to be made available to solicitors for their work in conducting adjourned trial diets in criminal summary proceedings where no evidence is led.

A fixed payment of £50 is payable for the conduct of adjourned trial diets where no evidence is led, and where there was no intention nor anticipation that evidence would be led, in criminal summary proceedings in the Sheriff Court and before a Stipendiary Magistrate in the District Court. A fixed payment of £25 is payable for the conduct of these diets in the District Court, other than proceedings set down before a Stipendiary Magistrate in such circumstances.

A fixed payment of £100 is payable for the conduct of adjourned trial diets where no evidence is led and where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence in criminal summary proceedings in the Sheriff Court and before a Stipendiary Magistrate in the District Court. A fixed payment of £50 is payable for the conduct of these diets in the District Court, other than proceedings set down before a Stipendiary Magistrate in such circumstances.