The Criminal Legal Assistance (Fees) (Scotland) Regulations 2010

Citation and commencement

1.  These Regulations may be cited as the Criminal Legal Assistance (Fees) (Scotland) Regulations 2010 and come into force on 8th July 2010.

Application

2.  These Regulations apply only in relation to a case where criminal legal assistance is first provided to the assisted person at a police station on or after 8th July 2010.

Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

3.  After regulation 4(6) of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999(1) insert—

“(6A) Where, in respect of the same matter—

(a) a solicitor (“solicitor A”) is entitled, by virtue of regulation 7(5)(a)(ii) of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008(2), to separate payment in relation to the provision of advice and assistance to, or representation of, an assisted person at a police station; and

(b) a different solicitor (“solicitor B”) provides further criminal legal assistance to the assisted person,

the fixed payment payable to solicitor B under (as the case may be) Part 1 of Schedule 1 or 1B or Schedule 1A is, subject to paragraph (6B), to be reduced by the amount of the fee to which solicitor A is entitled.

(6B) Where more than one solicitor provided the further criminal legal assistance referred to in paragraph (6A)(b), the fixed payment payable to each solicitor in respect of that assistance is to be reduced by the quotient of the fee to which solicitor A is entitled divided by the number of solicitors who provided the assistance.

(6C) If solicitor A was, at the time of providing criminal legal assistance to the assisted person, employed by the Board by virtue of section 28A of the Act(3), solicitor A is to be deemed not to have been so employed for the purposes of determining the reduction to any fixed payment in accordance with paragraph (6A) or (6B).”.

Amendment of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008

4.  In regulation 7(5)(a) of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008, from “which” to the end substitute—

“if—

(i) the time spent at the police station, together with the time spent reasonably and proportionately (as compared to the time involved in the attendance) travelling to and from the police station, exceeds 2 hours; or

(ii) the solicitor does not go on to provide any further criminal legal assistance to the assisted person in respect of the same matter”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

28th June 2010