The Criminal Legal Assistance (Fees) (No. 2) (Scotland) Regulations 2010

Citation and commencement

1.  These Regulations may be cited as the Criminal Legal Assistance (Fees) (No. 2) (Scotland) Regulations 2010 and come into force on 30th September 2010.

Application

2.  These Regulations apply only in relation to a case where criminal legal assistance is first provided to the assisted person on or after 30th September 2010.

Amendment of the Advice and Assistance (Scotland) Regulations 1996

3.  In the table of fees in Part II of Schedule 3 to the Advice and Assistance (Scotland) Regulations 1996(1) (table of fees allowed to solicitors for advice and assistance other than assistance by way of representation)—

(a) in paragraph A, for “E” substitute “G”; and

(b) after paragraph E insert—

“F.	For the first half hour (or part thereof) providing advice and assistance to the client if—
	(a)	the client is being detained under section 14(1) of the Criminal Procedure (Scotland) Act 1995(2) or is otherwise at a police station for the purposes of questioning; and		£30.94	—	—
	(b)	the period—
		(i)	concludes after 2200 hours; or
		(ii)	begins before 0700 hours.
G.	For each quarter hour (or part thereof), subsequent to the first half hour, providing advice and assistance to the client in the circumstance mentioned in paragraph F(a), if the quarter hour period—			£15.47	—	—
	(a)	concludes after 2200 hours; or
	(b)	begins before 0700 hours.”

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

4.  In regulation 4 of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999(3) (fixed payments allowable to solicitors)—

(a) in paragraph (6A)(a)—

(i) for “7(5)(a)(ii)” substitute “7(5)(a)(ii)(aa)”; and

(ii) for “at a police station” substitute “while the assisted person is being detained under section 14(1) of the 1995 Act or is otherwise at a police station for the purposes of questioning”; and

(b) after paragraph (6B) insert—

“(6BA) Paragraphs (6A) and (6B) do not apply—

(a) if the time spent by solicitor A at the police station or other place of detention, together with the time spent reasonably and proportionately (as compared to the time involved in the attendance) travelling to and from that place, exceeds 2 hours;

(b) to the extent that the advice and assistance was provided, and any relative travel was undertaken, between 2200 hours and 0700 hours.”.

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

5.  For regulation 7(5)(a) of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008(4) (which specifies work in respect of which solicitors are entitled to separate payment despite paragraphs (3) and (4) of that regulation) substitute—

“(a) the provision of advice or assistance to, or representation of, the assisted person while the assisted person is being detained under section 14(1) of the Criminal Procedure (Scotland) Act 1995 or is otherwise at a police station—

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

(ii) where the assisted person is at the police station, or other place of detention, for the purposes of questioning—

(aa) if the solicitor who provided the advice and assistance does not go on to provide any further criminal legal assistance to the assisted person in respect of the same matter; or

(ab) to the extent that the advice and assistance is provided, and any relative travel is undertaken, between 2200 hours and 0700 hours.”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

3rd September 2010