PART 1
| Where professional services are provided in relation to proceedings in the JP court | Where professional services are provided in relation to proceedings in the sheriff court | |||
|---|---|---|---|---|
| 1. All work up to and including— | £550.76 | |||
| (a) | any diet at which a plea of guilty is made and accepted or plea in mitigation is made; | |||
| (b) | the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies; | |||
| (c) | a first or second diet of deferred sentence; and | |||
| (d) | advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, | |||
| together with any subsequent or additional work other than that specified in paragraphs 8, 8A, 9 and 10 below. | ||||
| 2. All work prior to, and attendance at— | £170.35 | |||
| (a) | any diet at which a plea to the competency or relevancy of the complaint or proceedings, or a plea in bar of trial, is tendered; | |||
| (b) | any diet at which a question within the meaning of Rule 31.1 of the Act of Adjournal (Criminal Procedure Rules) 1996(1) is raised; | |||
| (c) | any diet from or to which the case has been adjourned under section 145 of the 1995 Act (including preparation for such a diet where the diet has not subsequently taken place); | |||
| (d) | any diet at which there is tendered a plea of guilty or a plea in mitigation is made; | |||
| (e) | any diet at which the court is considering the accused’s plea of guilty to the charges and where there has been no change of plea; and | |||
| (f) | any diet at which the court is considering the accused’s change to plea of guilty to the charges, and where no application for criminal legal aid has been made, | |||
| together with— | ||||
| (i) | the first 30 minutes of conducting a proof in mitigation; | |||
| (ii) | a first or second diet of deferred sentence; | |||
| (iii) | any subsequent or additional work other than that specified in paragraphs 4 and 8 to 13 below. | |||
| 3. All work mentioned in paragraph 1 or 2 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. | £170.35 | £275.39 | ||
| 4. Conducting a proof in mitigation for the first day (after the first 30 minutes). | £56.79 | |||
| 8. Representation, per appearance— | £28.40 | £56.79 | ||
| (a) | in a court which has been designated as a youth court by the sheriff principal; | |||
| (b) | in a court which has been designated as a domestic abuse court by the sheriff principal; | |||
| (c) | at a hearing in respect of a community supervision order. | |||
| 8A. Representation in court, per appearance, at a deferred sentence hearing, other than where a fee is payable by virtue of paragraph 1(c) or paragraph 2(f)(ii) in respect of a first or second diet of deferred sentence. | £28.40 where the hearing relates to one complaint; or £42.60 where the hearing relates to more than one complaint | £56.79 where the hearing relates to one complaint; or £85.18 where the hearing relates to more than one complaint | ||
| 9. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | £28.40 | £28.40 | ||
| 10. All work done in connection with a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act. | £56.79 | £56.79 | ||
| 12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). | £170.35 | |||
| 13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). | £56.79 | |||
| 14. Supplementary fee, payable in addition to any fees under paragraphs 1-13, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint. | £80.00 | £80.00 | ||
(1)
S.I. 1996/513; relevant amending instruments are S.S.I. 2006/436 and S.I. 2011/1043.