SCHEDULEPROVISIONS SUBSTITUTED FOR THE TABLE SET OUT IN PART 1 OF SCHEDULE 1 OF THE CRIMINAL LEGAL AID (FIXED PAYMENTS) (SCOTLAND) REGULATIONS 1999

Regulation 3

SCHEDULE 1 TO THE CRIMINAL LEGAL AID (FIXED PAYMENTS) (SCOTLAND) REGULATIONS 1999

“Regulation 4

PART 1

Where professional services are provided in relation to proceedings in the District Court (other than where proceedings are set down to proceed before a Stipendiary Magistrate)

Where professional services are provided in relation to proceedings in the Sheriff Court (other than proceedings in a Court specified in Schedule 2) or the District Court (where proceedings are set down to proceed before a Stipendiary Magistrate)

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:

(i)

any diet at which a plea of guilty is made and accepted or plea in mitigation is made;

(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; and

(iii)

the first 30 minutes of conducting any trial

together with any subsequent or additional work other than that specified in paragraphs 2–12 below.

£300 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £275)

£500 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £475)

£550 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £525)

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.

£25

£50

£50

3.

Conducting a trial or proof in mitigation for the first day (after the first 30 minutes).

£50

£100

£100

4.

Conducting a trial or proof in mitigation for the second day.

£50

£200

£200

5.

Conducting a trial or proof in mitigation for the third and subsequent days (per day).

£100

£400

£400

6.

Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence.

£50

7.

Conducting a proof of a victim statement 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).

£200

8.

Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day).

£200

9.

Representation in court at a diet of deferred sentence or per appearance in a court which has been designated as a youth court by the sheriff principal, at a hearing in respect of a community supervision order.

£25

£50

£50

10.

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.

£25

£25

£25

11.

All work done by virtue of section 24(7) of the Act until determination of the application for legal aid.

£25

£25

£25

12.

All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act.

£50

£50

£50”.