The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 (“the principal Regulations”) which made provision for fixed payments to be made from the Scottish Legal Aid Fund in respect of the professional services provided by a solicitor including certain prescribed outlays.

These Regulations provide a definition of “diet of deferred sentence” so as to make it clear that it includes those diets where the case has been adjourned for inquiries or reports under sections 201 and 203 of the Criminal Procedure (Scotland) Act 1995 (article 2(2)(a)(i)). The Regulations also make it clear that for the purposes of the principal Regulations, a trial is taken to commence when the first witness is sworn (article 2(2)(b)).

The Regulations amend Schedule 2 to the principal Regulations which specifies those distant and rural Sheriff Courts where proceedings are eligible for a higher fixed payment. Previously Dunoon was only eligible where the proceedings had taken place in Lochgilphead. This is amended so as to make Dunoon eligible in its entirety. Also, Fort William and Wick Sheriff Courts have been added to the list of specified courts (article 2(3)).

Finally, the Regulations make a consequential amendment to regulation 2(1)(g) of the principal Regulations as a result of the amendments made to the EEC Treaty by the Treaty of Amsterdam (article 2(2)(a)(ii)).