The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2011

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”) as follows—

(a) regulation 4 extends the category of proceedings that are to be treated as a single matter by virtue of regulation 4(3) of the principal Regulations to include proceedings under sections 22(2) and 150(8) of the Criminal Procedure (Scotland) Act 1995;

(b) regulation 5 provides for the fixed payments payable to a solicitor under paragraph 1 of Part 1 of Schedule 1B to the principal Regulations to be reduced where the solicitor represents a person in the same court on the same day in respect of more than one complaint and the person pleads guilty to all of the charges;

(c) regulation 5 further provides for the fixed payment payable to a solicitor under paragraph 1 of Part 1 of Schedule 1 or paragraph 1 of Schedule 1A to the principal Regulations to be halved if the duty solicitor tenders a not guilty plea on the person’s behalf and the person subsequently pleads guilty before the trial begins;

(d) regulation 6 clarifies that where a fixed payment payable to a solicitor under paragraph 1 of Part 1 of Schedule 1 to the principal Regulations is to be halved under the new provision inserted by regulation 5 and regulation 4(6) of the principal Regulations also applies, the payment is to halved before the additional £100 provided for by regulation 4(6) of the principal Regulations is added;

(e) regulations 7 to 9 amend Schedules 1, 1A and 1B to the principal Regulations to provide that only a single payment is to be made in respect of a deferred sentence hearing which relates to more than one complaint;

(f) regulations 7 to 9 also reduce the amounts payable under paragraph 1 of Part 1 of Schedule 1 and 1B and paragraph 1 of Schedule 1A and provide for the amounts payable under those paragraphs to differ depending on whether the proceedings are in the sheriff court or in the justice of the peace court before a stipendiary magistrate;

(g) regulation 10 relates to the reference, which is to be inserted by regulation 5, to a solicitor arranged by the Scottish Legal Aid Board (“the Board”) pursuant to regulation 7(1) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 (“the 2011 Regulations”). Regulation 5(1) of the Criminal Legal Aid (Scotland) Regulations 1996 (“the 1996 Regulations”) provides that the Board is to make solicitors available in certain circumstances. With effect from 6th June 2011 provision to the same effect is to be made by the 2011 Regulations which will, in consequence, revoke regulation 5 of the 1996 Regulations. Regulation 10 of these Regulations provides for the reference to a solicitor arranged by the Board pursuant to regulation 7 of the 2011 Regulations to include a solicitor arranged by the Board in accordance with the regulation 5 of the 1996 Regulations.