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

Categories of charges

5.—(1) After paragraph 17(h) insert—

“(ha) where a trial of an accused person proceeds in respect of the offence of conspiracy to commit an offence, the fee payable in terms of paragraph 3 of Chapter 1 or 2 of Part 1 and paragraph 2 of Chapter 1 or 2 of Part 3 of the Table of Fees, is that for the offence to which the charge of conspiracy relates. Where the offence to which the charge of conspiracy relates is not prescribed in Schedule 2, the fee payable is in terms of paragraph 3(b) of Chapter 1 or 2 of Part 1 and paragraph 2(b) of Chapter 1 or 2 of Part 3 of the Table of Fees;”.

(2) In Part 1 of the Table of Fees, in Chapter 1 (fees of junior counsel in the High Court of Justiciary)—

(a) in paragraph 3(a), after “age of 12” insert “, Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act”;

(b) in paragraph 3(b), after “1982” insert “, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees”; and

(c) in paragraph 3(c), after “sepulchres” insert “, Robbery, Breach of the peace”.

(3) In Part 1 of the Table of Fees, in Chapter 2 (fees of senior counsel in the High Court of Justiciary)—

(a) in paragraph 3(a), after “age of 12” insert “, Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act”;

(b) in paragraph 3(b), after “1982” insert “, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees”; and

(c) in paragraph 3(c), after “sepulchres” insert “, Robbery, Breach of the peace”.

(4) In Part 3 of the Table of Fees, in Chapter 1 (fees of junior counsel in the sheriff and district court)—

(a) in paragraph 2(a), after “age of 12” insert “, Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act”; and

(b) in paragraph 2(b), after “1982” insert “, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace”.

(5) In Part 3 of the Table of Fees, in Chapter 2 (fees of senior counsel in the sheriff and district court)—

(a) in paragraph 2(a), after “age of 12” insert “, Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act”; and

(b) in paragraph 2(b), after “1982” insert “, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace”.