The Criminal Legal Aid (Scotland) (Fees) Regulations 1989

Duty solicitors' fees

6.—(1) There shall be allowed to the duty solicitor representing accused persons in the sheriff or district court fees on the following scales:—

(a) for attendance at the first session of a court for the day, a sessional fee of £36.30 for the first case and £4.90 for each additional case, subject to a maximum total fee of £78.55 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier;

(b) for attendance at any other session of that court on the same day, a sessional fee of £36.30 for the first case and £4.90 for each additional case, subject to a maximum total fee of £52.75 for each such other session: Provided that the fee according to the foregoing scale shall cover the appearance in court of the duty solicitor on behalf of the accused as well as any interview or interviews with the accused or others whether such interview or interviews take place during the same or another session.

(2) Where, following a plea of guilty, one or more adjournments are ordered by the court, and the duty solicitor requires to appear again, then an additional fee shall be payable to the duty solicitor in respect of—

(a) additional interviews with the accused or others; and

(b) attendances at court other than during the course of the duty solicitor’s period of duty.

• The amount of such additional fee calculated on the basis of the fees set out in Schedule 1 shall be such sum not exceeding £88.90 as shall form reasonable remuneration having regard to the additional work and time involved.

(3) There shall be allowed to the duty solicitor making, for an accused person in the sheriff or district court, a preliminary plea to the competency or relevancy of the petition or complaint, or conducting any plea in bar of trial or any mental health proof, an additional fee to be calculated on the basis of the fees set out in Schedule 1, the amount of such additional fee to be such sum not exceeding £88.90 as shall form reasonable remuneration having regard to the additional work and time involved.