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The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012

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Fee for one counsel only

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13.—(1) In paragraph 3(e) of the notes on the operation of Schedule 2, for “sub-paragraph (ea)” substitute “sub-paragraphs (ea) and (eb)”.

(2) After paragraph 3(ea) of those notes insert—

(eb)a fee, under Part 1 or 3 of the Table of Fees, is to be allowed to one counsel only in respect of—

(i)a diet of deferred sentence, except where there is in contemplation the imposition of any of the following—

(a)a mandatory or discretionary life sentence;

(b)an order for lifelong restriction;

(c)any disposal under Part 6 of the 1995 Act (mental disorder),

or where there is a hearing of evidence in mitigation; and

(ii)a continued preliminary hearing, except where designated as a hearing at which any of the following matters is intended to be heard—

(a)a preliminary minute;

(b)a preliminary issue;

(c)a devolution minute;

(d)an application under section 275 of the 1995 Act;

(e)a petition to recover documents under a specification of documents where the petition is opposed or likely to involve substantive legal argument,

or an evidential hearing or any other hearing involving substantive legal  argument;.

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