The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) Fees Regulations 1989 (S.I. 1989/1491, “the principal Regulations”) to make new provision about the fees payable to senior and junior counsel for criminal legal aid work, and conditions on payment.

All the fees, except those in regulation 14, apply to proceedings at first instance in the High Court of Justiciary, the sheriff court and the district court. Regulation 14 applies to proceedings at first instance and on appeal in those courts.

Regulation 4 amends the definitions in the principal Regulations. Regulation 5 amends the categories of charges in the principal Regulations. Regulation 6 makes provision about preliminary hearings, necessary notes and other written work. Regulation 7 makes provision about fees for preparation. Regulation 8 makes provision about consultations including abortive consultations. Regulation 9 makes provision about fees for early pleas. Regulations 10 to 12 make provision about adjourned diets, trials and other hearings and certain cases which proceed in the sheriff court. Regulation 13 makes provision about where a fee for only one counsel is payable, and regulation 14 makes provision about payments for travel, accommodation and subsistence.