The Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015

Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

3.—(1) The Criminal Legal Aid (Scotland) (Fees) Regulations 1989(1) are amended as follows.

(2) In regulation 2(1) (interpretation), for the definition of “solicitor advocate”(2) substitute—

““solicitor advocate” means—

(a)

a solicitor who, in relation to the proceedings, has exercised a right of audience conferred by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980(3); or

(b)

in relation to proceedings in the Sheriff Appeal Court, a solicitor who would have been entitled to exercise such a right of audience had the proceedings taken place in a court to which section 25A of that Act applied;”.

(3) In regulation 11(1)(a), after “appeals,” insert “or the Sheriff Appeal Court,”.

(4) In paragraph 8 (interpretation) of Schedule 1(4), in the definition of “court”, after “Justiciary,” insert “the Sheriff Appeal Court,”.

(5) In Schedule 2(5) (fees of counsel)—

(a) in the notes on the operation of the Schedule—

(i) in the heading before paragraph 4, omit the words “in the High Court of Justiciary”;

(ii) in paragraph 6, for “6(a), (b) or (c)” substitute “6(a), (b), (c), (ca) or (cb)”;

(b) in Chapter 1 of Part II (fees of junior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)—

(i) in sub-paragraph (a), for “except (b)” substitute “except (ab) or (b)”;

(ii) after sub-paragraph (a) insert—

“(ab)

all work in connection with a continued diet in relation to such an appeal

£30

£30

£30”;

(c) in Chapter 1 of Part II, (fees of junior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert—

“(ca)	appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act(6)	£700-£1,089	£500-£825	£400-£625
(cb)	referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act(7)	£700-£1,089	£500-£825	£400-£625”;

(d) in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)—

(i) in sub-paragraph (a), for “except (b)” substitute “except (ab) or (b);

(ii) after sub-paragraph (a), insert—

“(ab)

all work in connection with a continued diet in relation to such an appeal

£50”; and

(e) in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert—

“(ca)	appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act	£900-£1,250
(cb)	referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act	£900-£1,250”.

(1)

S.I. 1989/1491; relevant amending instruments are S.S.I. 2004/264, S.S.I. 2005/113, S.S.I. 2010/63 and S.S.I. 2011/135.

(2)

The definition of “solicitor advocate” was substituted by S.S.I. 2011/135.

(3)

1980 c.46; section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), section 24.

(4)

Schedule 1 was substituted by S.S.I. 2004/264.

(5)

Schedule 2 was substituted by S.S.I. 2005/113; paragraph 4 to 11B and Chapters 1 and 2 of Part II were substituted by S.S.I. 2010/63.

(6)

Section 194ZB is inserted by section 119 of the Courts Reform (Scotland) Act 2014 (asp 18) (“the 2014 Act”).

(7)

Section 175A(1) is inserted by section 120 of the 2014 Act.