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

Regulation 7

SCHEDULE 1 DESCRIPTION OF WORK AND FEES FOR CALCULATING REMUNERATION OF SOLICITORS IN THE HIGH, SHERIFF AND DISTRICT COURTS

1.  The fee for—

(a) any time up to the first half hour spent by a solicitor conducting a trial in court or conducting another hearing shall be £22.35;

(b) each quarter hour (or part thereof) subsequent to the first half hour spent in so conducting a trial or other hearing shall be £11.15.

2.  The fee for—

(a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 hereof, provided that any time is additional to the total time charged for under paragraph 1 above, shall be £8.60.

(b) each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 5 hereof shall be £4.30.

3.  The fee for—

(a) each citation of a witness including execution thereof;

(b) framing and drawing precognitions and other necessary papers, subject to paragraph 4(c)—per sheet (or part thereof);

(c) instructing messengers-at-arms and sheriff officers, including examining execution and settling fee;

(d) lengthy telephone calls (of over 4 and up to 10 minutes duration); and

(e) letters, including instructions to counsel—per page (or part thereof), subject to paragraph 4(b) below; shall be £4.90.

4.  The fee for—

(a) attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;

(b) short letters of a formal nature, intimations and letters confirming telephone calls;

(c) framing formal papers, including inventories and title pages — per sheet (or part thereof);

(d) revising papers drawn by counsel or where revisal ordered by court—per 5 sheets (or part thereof); and

(e) short telephone calls (of up to 4 minutes duration); shall be £1.95.

5.  Where an exceptional amount of copying proves necessary, a fee of 30 pence shall be paid for each sheet.

Interpretation

6.  In this Schedule—

“court” means the High Court, the sheriff court or the district court as the case may be; and a “sheet” shall consist of 250 words or numbers; a “page” shall consist of 125 words or numbers; and

“exceptional” means the production of more than 20 output copy sheets (whether 20 of one sheet, 5 of 4 sheets or whatever) when a document has been copied.

Regulation 10

SCHEDULE 2 FEES OF COUNSEL

1.  Subject to the following provisions of this Schedule, fees shall be calculated in accordance with the Table of Fees in this Schedule.

2.  Where the Table of Fees in this Schedule does not prescribe a fee for any item of work the auditor shall allow such fee as appears to him appropriate to provide reasonable remuneration for work with regard to all the circumstances, including the general levels of fees in the said Table of Fees.

3.  The auditor shall have power to increase any fee set out in the Table of Fees in this Schedule where he is satisfied that, because of the particular complexity or difficulty of the work or any other particular circumstances, such an increase is necessary to provide reasonable remuneration for the work.

4.  The auditor shall have power to reduce any fee set out in the Table of Fees in this Schedule where he is satisfied that, because of any particular circumstances, a reduced fee is sufficient to provide reasonable remuneration for the work.

TABLE OF FEES

CHAPTER 1—JUNIOR COUNSEL

	Junior with Senior	Junior alone
Trial per day 1.  (a) In Edinburgh	£139.50	£196.50
(b) In Glasgow	£165.00	£241.50
(c) Elsewhere within 60 miles journey by road from Edinburgh	£171.00	£247.50
(d) In Aberdeen, Inverness or Dumfries	£235.00	£330.50
(e) Elsewhere beyond 60 miles journey by road from Edinburgh: Such fee as the auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.
Appeals, etc. 2.  (a) Drafting grounds of appeal against conviction, including any note of appeal	£36.00	£51.00
(b) Hearing in appeal against conviction—per day	£139.50	£196.50
(c) Note of adjustment to stated case	£36.00	£51.00
(d) Hearing on stated case or bill of suspension relating to conviction or conviction and sentence	£63.50	£82.50
(e) Any appeal against sentence including fee for drafting note of appeal	£25.50	£57.00
(f) Appeal relating to granting of bail	£19.00	19.00
Consultations 3.  (a) In Edinburgh	£44.50	£63.50
additional fee if held in prison	£7.00	£7.00
(b) Elsewhere within 60 miles journey by road from Edinburgh	£82.50	£108.00
(c) In Aberdeen, Inverness, Dumfries	£165.00	£196.00
(d) Elsewhere beyond 60 miles journey by road from Edinburgh: Such fee as the auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.
4. Opinion on appeal, etc.		£38.00
5. Revisal of stated case		£38.00
6. Drafting bill of suspension		£38.00
7. Remits for sentence and pleas in mitigation		£38.00

CHAPTER 2

—SENIOR COUNSEL

Trial—per day 1.  (a) In Edinburgh	£254.50
(b) In Glasgow	£298.50
(c) Elsewhere within 60 miles journey by road from Edinburgh	£305.50
(d) In Aberdeen, Inverness or Dumfries	£413.00
(e) Elsewhere beyond 60 miles journey by road from Edinburgh: Such fee as the auditor considers approprioate with regard to the journey involved and the level of fees prescribed in this paragraph.
Appeals, etc. 2.  (a) Revising grounds of appeal aganst conviction, including any note of appeal	£70.00
(b) Hearing in appeal against conviction— per day	£254.50
(c) Note of adjustments to stated case	£70.00
(d) Hearing on stated case or bill of suspension relating to conviction or conviction and sentence	£126.50
(e) Any appeal against sentence including revisal of note of appeal	£82.50
(f) Appeal relating to granting of bail	£25.50
Condultations 3.  (a) In Edinburgh	£95.50
Additional fee is held in prison	£7.00
(b) Elsewhere within 60 miles journey by road from Edinburgh	£152.00
(c) In Aberdeen, Inverness or Dumfries	£292.50
(d) Elsewhere beyond 60 miles journey by road from Edinburgh: Such fee as the auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.
4. Opinion on appeal	£57.00
5. Revisal of stated case	£57.00
6. Revisal of bill opf suspension	£57.00
7. Remits for sentence and pleas in mitigation	£57.00