SCHEDULE 12Amendments to schedule 1 of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
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 (other than proceedings in a Court specified in schedule 2) | Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2 | |||
1. All work up to and including: | £347.92, or | £572.00, or | £628.79, or | ||
(i) | any diet at which a plea of guilty is made and accepted or plea in mitigation is made, | £319.52 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | £600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. | |
(ii) | the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 2 below applies, | ||||
(iii) | the first 30 minutes of conducting any trial, | ||||
(iiia) | a first or second diet of deferred sentence, and | ||||
(iv) | 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 2-10 below | |||||
2. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement | £28.40 | £56.79 | £56.79 | ||
3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes) | £85.19 | £113.56 | £113.56 | ||
4. Conducting a trial or proof in mitigation for the second and each subsequent day | £227.12 | £340.38 | £340.68 | ||
5. Conducting a proof of a victim statement: | £340.68 | £340.68 | |||
(i) | where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day), or | ||||
(ii) | at a continued diet following a concluded trial or proof in mitigation (per day). | ||||
6. Representation at a third or subsequent diet of deferred sentence | £28.40 | £56.79 | £56.79 | ||
7. 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 | £28.40 | ||
8. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid | £28.40 | £28.40 | £28.40 | ||
9. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid | £28.40 | £28.40 | £28.40 | ||
10. All work done in connection with: | |||||
(a) | a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than work under sub-paragraph (b) below | £56.79 | £56.79 | £56.79 | |
(b) | representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed (fee per appearance) | £34.08 | £34.08 | £34.08 | |