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The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2010

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Citation, commencement and interpretation

1.  (1)  These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2010 and come into force on 23rd March 2010.

(2) In these Regulations “the 1989 Regulations” means the Criminal Legal Aid (Scotland) (Fees) Regulations 1989(1).

Application

2.  (1)  Subject to paragraph (2) and to regulation 3, these Regulations apply only in relation to proceedings commenced on or after 23rd March 2010.

(2) If the counsel involved so requests, in determining the fees chargeable in respect of proceedings commenced on or after 2nd October 2006 and before 23rd March 2010 the 1989 Regulations are to be read and have effect as if amended in accordance with regulation 4.

Amendment of the 1989 Regulations for the period from 4th April 2005 to 2nd October 2006

3.  For the period from 4th April 2005 to 2nd October 2006 paragraph 10(d) of Schedule 2 (notes on the operation of Schedule 2) to the 1989 Regulations is amended as follows:-

(a)after “two thirds of” insert “either (i)”; and

(b)at the end add—

or;

(ii)such higher figure as was allowed by the Board, or as the case may be the auditor, up to the maximum fee prescribed in Chapter 3 of Part II of the Table of Fees in this Schedule..

Amendment of the 1989 Regulations

4.  (1)  Schedule 2 to the 1989 Regulations is amended as follows.

(2) In the notes on the operation of Schedule 2—

(a)in paragraph 1 for “fees shall be calculated” substitute “fees including those within a range of fees, shall be determined or calculated”;

(b)in paragraph 3—

(i)in subparagraph (b) for “counsel shall only be allowed the fees” substitute “counsel’s fees shall be allowable as”;

(ii)in subparagraph (e) after the words “junior counsel” where they first appear insert “or for more than one junior counsel” and at the end insert “or more than one junior counsel”;

(iii)in subparagraph (f), at the beginning insert “except on cause shown,”;

(c)for paragraphs 4 to 11 substitute the text in Schedule 1 to these Regulations;

(d)in paragraph 17—

(i)in subparagraph (i) after “paragraph 3” insert “(a) or (b)”;

(ii)after subparagraph (i) insert—

; and

(j)in the same circumstances as those described at paragraph (i) above, but where the category of charge falls under paragraph 3(c) of Chapter 1 or 2 of Part I, the fee payable shall be that prescribed in paragraph 4(a) of Chapter 1 or 2 of Part I.;

(e)in paragraph 17A for “(u)” substitute “(t)”;

(f)in paragraph 20 after “Chapters 1 and 2 of Part 1” insert “, paragraph 9 of Chapters 1 and 2 of Part II”;

(g)in paragraph 21 after “Chapters 1 and 2 of Part 1” insert “, paragraph 10 of Chapters 1 and 2 of Part II”.

(3) In Part 1 of the Table of Fees (fees of counsel for proceedings in the High Court of Justiciary)—

(a)in Chapter 1 (junior counsel)—

(i)after paragraph 1B (a), insert—

(aa) preliminary hearing, adjourned or continued in which witnesses called to give evidencePayable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.;

(ii)in paragraph 4(j)(iii), for “£455 £395 £275” substitute “£495 £430 £305” respectively;

(b)in Chapter 2 (senior counsel)—

(i)after paragraph 1B (a), insert—

(aa) preliminary hearing, adjourned or continued in which witnesses called to give evidencePayable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.;

(ii)in paragraph 4(j)(iii) for “£515” substitute “£560”.

(4) In Part II of the Table of Fees (fees of counsel in appeal proceedings)—

(a)for Chapters 1 and 2 substitute the text in Schedule 2 to these Regulations; and

(b)delete Chapter 3.

(5) In Part III of the Table of Fees (fees of counsel for proceedings in the sheriff and district court), in Chapter 1 (junior counsel), paragraph 3(j)(ii), for the fee “£300” substitute “£305”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

24th February 2010

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