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The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007

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

This section has no associated Executive Note

7.  In the Table of Fees in Schedule 2–

(a)in Chapters 1 and 2 of Part I–

(i)for paragraph 1, substitute–

1A.

Written work

(a)petition to Nobile Officium

£225.00

(b)drafting devolution minute

£150.00

(c)drafting section 275 application under the 1995 Act(1)

£150.00

(d)drafting specification of documents

£125.00

(e)drafting interrogatories

£125.00

1B.

Preliminary hearing

(a)Preliminary hearing including managed meeting or equivalent communication with the Crown by whatever means and including any note on the line of evidence

Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.

(b)further diet under section 72(9) of the 1995 Act

Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.

(c)adjourned diet under section 75A of the 1995 Act, or continued diet

Payable at one-half of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.

(d)attendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing

Payable at one-half of the fee prescribed at paragraph 1B(a) above.

(e)conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown

Payable at one-half of the fee prescribed at paragraph 1B(a) above.;

(ii)in paragraph 3(a), at the end, insert “, Offences under the Explosive Substances Act 1883(2), Sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002(3) (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12”;

(iii)in paragraph 3(b), omit “Incest, Sodomy,”, after “Lewd and libidinous behaviour”, insert “(other than under category (a) above)” and, at the end, insert “, Offences under the Immigration Act 1971(4), Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982(5); and

(iv)omit paragraph 4(j)(iv);

(b)in Chapter 1 of Part I–

(i)for paragraph 3(c) and (d), substitute–

(c)Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1998 Act(6)), Possession of offensive weapons, Violation of sepulchres

£495.00£430.00£305.00;

(ii)in paragraph 4, at the end, insert–

(q)trial within a trial

Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.

(r)examination of the facts in a case of insanity or diminished responsibility

Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.

(s)proof in mitigation

Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.

(t)deferred sentence in which evidence is taken from an expert witness

Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.;

(iii)in paragraph 5, for “£177.00 £154.00 £108.00” substitute “£210.00 £184.00 £135.00”; and

(iv)in paragraph 8, for “£75.00”, on each occasion it occurs, substitute “£100.00”;

(c)in Chapter 2 of Part I–

(i)for paragraph 3(c) and (d), substitute–

(c)Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Shameless indecency, Offences under the Sexual Offences Act 2003(7), Forgery, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres

£560.00;

(ii)in paragraph 4, at the end, insert–

(q)trial within a trial

Payable at the full rate for a trial (paragraph 3 above) depending on category of case.

(r)examination of the facts in a case of insanity or diminished responsibility

Payable at the full rate for a trial (paragraph 3 above) depending on category of case.

(s)proof in mitigation

Payable at the full rate for a trial (paragraph 3 above) depending on category of case.

(t)deferred sentence in which evidence is taken from an expert witness

Payable at the full rate for a trial (paragraph 3 above) depending on category of case.;

(iii)in paragraph 5, for “£200.00” substitute “£250.00”; and

(iv)in paragraph 8, for “£75.00” substitute “£100.00”;

(d)in Chapters 1 and 2 of Part III–

(i)for paragraph 1, substitute–

1A. Written work

(a)petition to Nobile Officium

£225.00£225.00£225.00

(b)drafting devolution minute

£150.00£150.00£150.00

(c)drafting section 275 application under the 1995 Act

£150.00£150.00£150.00

(d)drafting specification of documents

£125.00£125.00£125.00

(e)drafting interrogatories

£125.00£125.00£125.00

1B. Early plea

Hearing under section 76 of the 1995 Act£1,250.00£1,250.00£625.00;

(ii)in paragraph 2(a), at the end, insert “, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12”; and

(iii)omit paragraph 3(j)(iii);

(e)in Chapter 1 of Part III–

(i)for paragraph 2(b) and (c), substitute–

(b)Attempted murder, Assault to severe injury (with aggravations), Indecent assault, Assault and robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a class A drug, Attempted rape, Lewd and libidinous behaviour (other than under category (a) above), Offences under the Sexual Offences Act, Offences against children under the 1995 Consolidation Act(8), Offences under section 16A of the 1995 Consolidated Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental protection prosecutions, Health and safety offences, Intellectual property offences, Indecent or obscene publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982”;

£495.00£430.00£305.00

(ii)in paragraph 3, at the end, insert–

(p)trial within a trial

Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel.

(q)examination of the facts in a case of insanity or diminished responsibility

Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel.

(r)proof in mitigation

Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel.

(s)deferred sentence in which evidence is taken from an expert witness

Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel.

(t)first diet

Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel.;

(iii)in paragraph 4, for “£142.00 £123.00 £86.00”, substitute “£178.00 £154.00 £108.00”; and

(iv)in paragraph 7, for “£75.00”, on each occasion it occurs, substitute “£100.00”;

(f)in Chapter 2 of Part III–

(i)for paragraph 2(b) and (c), substitute–

(b)Attempted murder, Assault to severe injury (with aggravations), Indecent assault, Assault and robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a class A drug, Attempted rape, Lewd and libidinous behaviour (other than under category (a) above), Offences under the Sexual Offences Act, Offences against children under the 1995 Consolidation Act, Offences under section 16A of the 1995 Consolidated Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental protection prosecutions, Health and safety offences, Intellectual property offences, Indecent or obscene publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982

£560.00;

(ii)in paragraph 3, at the end, insert–

(p)trial within a trial

Payable at the full rate for a trial (paragraph 2 above) depending on category of case.

(q)examination of the facts in a case of insanity or diminished responsibility

Payable at the full rate for a trial (paragraph 2 above) depending on category of case.

(r)proof in mitigation

Payable at the full rate for a trial (paragraph 2 above) depending on category of case.

(s)deferred sentence in which evidence is taken from an expert witness

Payable at the full rate for a trial (paragraph 2 above) depending on category of case.

(t)first diet

Payable at the full rate for a trial (paragraph 2 above) depending on category of case.;

(iii)in paragraph 4, for “£160.00” substitute “£200.00”; and

(iv)in paragraph 7, for “£75.00” substitute “£100.00”; and

(g)for paragraph 7 of Chapter 1 in Part I and paragraph 6 of Chapter I in Part III, substitute–

Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions£100.00£100.00£100.00
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland£200.00£200.00£200.00; and

(h)for paragraph 7 of Chapter 2 in Part I and paragraph 6 of Chapter 2 in Part III, substitute–

Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions£100.00
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland£200.00.
(1)

Criminal Procedure (Scotland) Act 1995 c. 46; see definition in regulation 2(1) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989, S.I 1989/1491.

(2)

1883 c. 3 (46 and 47 Vict.).

(6)

Road Traffic Act 1988 c. 52; see definition in regulation 2(1) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989, S.I. 1989/1491.

(7)

2003 c. 42; see definition in regulation 2(1) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989, S.I. 1989/1491.

(8)

Criminal Law (Consolidation) (Scotland) Act 1995 c. 39; see definition in regulation 2(1) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989, S.I. 1989/1491.

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