SCHEDULE 8Amendments to schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
PART 1DETAILED FEES
Summary Procedure | Solemn Procedure | ||||||
|---|---|---|---|---|---|---|---|
1. | In connection with the conduct of a hearing— | ||||||
(a) | in summary proceedings, the fee for— | ||||||
(i) | any time up to the first half hour spent by a solicitor conducting the hearing | £29.65 | |||||
(ii) | each quarter hour spent, subsequent to the first half hour, conducting the hearing | £14.83 | |||||
(b) | in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | £19.80 | |||||
2. | The fee for any of the following:— | £6.49 | £7.52 | ||||
(a) | each citation of a witness, including execution; | ||||||
(b) | framing and drawing necessary papers other than those referred to in paragraph 3(c); | ||||||
(c) | instructing messengers at arms and sheriff officers, including examining execution and settling fee; | ||||||
(d) | lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and | ||||||
(e) | letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b). | ||||||
3. | The fee for any of the following:— | £2.61 | £2.99 | ||||
(a) | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged; | ||||||
(b) | short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls; | ||||||
(c) | framing formal papers, including inventories and title pages, per sheet (or part thereof); | ||||||
(d) | revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and | ||||||
(e) | subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call. | ||||||
4. | In connection with taking a precognition in relation to solemn proceedings— | ||||||
(a) | subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent— | ||||||
(i) | travelling | £12.50 | |||||
(ii) | taking a statement | £12.50 | |||||
(b) | the fee for— | ||||||
(i) | framing the precognition, per sheet | £2.61 | |||||
(ii) | each letter making arrangements for taking a statement | £1.58 | |||||
(iii) | a telephone call, of any duration | £1.03 | |||||
5. | There is no fee for photocopying— | ||||||
(a) | where fewer than 20 sheets are copied at any one time; | ||||||
(b) | in relation to the first 20 sheets copied at any one time. | ||||||
Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is— | |||||||
(a) | for each sheet copied for up to 10,000 sheets | £0.05 | £0.05 | ||||
(b) | for each sheet copied in addition to the first 10,000 sheets | £0.01 | £0.01 | ||||
5A. | The fee for each quarter of an hour spent travelling— | ||||||
(a) | by a solicitor | £5.72 | £6.61 | ||||
(b) | by a solicitor’s clerk | £2.85 | £3.31 | ||||
6. | The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs— | ||||||
(a) | by a solicitor, provided the time is additional to the total time charged for under paragraph 1 | £11.42 | £13.20 | ||||
(b) | by a solicitor’s clerk | £5.69 | £6.61 | ||||
PART 2INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS
Column A | Column B | Column C | |||
|---|---|---|---|---|---|
1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where— | |||||
(a) | at the first examination the client is either— | ||||
(i) | not committed for further examination; or | £164.39 | £143.84 | £61.65 | |
(ii) | committed for further examination and admitted to bail. | ||||
(b) | at the first examination the client is committed for further examination and not admitted to bail. | £246.59 | £226.04 | £143.84 | |
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | £61.65 | £61.65 | £61.65 | ||
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case | £472.62 | £328.78 | £164.39 | ||
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of– | |||||
(a) | the first day of trial | £431.52 | £308.23 | £164.39 | |
(b) | a subsequent day of trial | £164.39 | £123.30 | £41.10 | |
4A. The fee for preparation for | £41.10 | £41.10 | £41.10 | ||
(a) | a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty); | ||||
(b) | a hearing on a plea in bar of trial; | ||||
(c) | a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation. | ||||
5. The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal | £191.43 | £191.43 | £109.24 | ||
6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:– | £164.39 | £164.39 | £164.39 | ||
(a) | a devolution issue, in terms of Schedule 6 to the Scotland Act 1998; | ||||
(ab) | a compatibility issue in terms of section 288ZA28 of the 1995 Act; | ||||
(b) | a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act; | ||||
(c) | a specification of documents; | ||||
(d) | a precognition on oath; | ||||
(e) | an evidence on commission; | ||||
(f) | an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act; | ||||
(g) | a proof in mitigation; and | ||||
(h) | an examination of facts. | ||||