1989 No. 1494 (S.123)

LEGAL AID AND ADVICE, SCOTLAND

The Legal Aid (Scotland) (Fees in Criminal Proceedings) Amendment (No.2) Regulations 1989

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred on him by sections 14A and 15 of the Legal Aid (Scotland) Act 19671, as read with section 45 of, and paragraph 3(1) of Schedule 4 to, the Legal Aid (Scotland) Act 19862, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Legal Aid (Scotland) (Fees in Criminal Proceedings) Amendment (No. 2) Regulations 1989 and shall come into force on 31st August 1989.

2

In these Regulations “the principal Regulations” means the Legal Aid (Scotland) (Fees in Criminal Proceedings) Regulations 19843.

Amendment of principal Regulations

2

In the provisions of the principal Regulations listed in column 1 of Schedule 1 to these Regulations, for the amounts of the fees specified in those provisions and set out opposite in column 2 of Schedule 1, there shall be substituted the amounts specified opposite in column 3 of that Schedule.

3

For the Table of Fees in Schedule 1 to the principal Regulations, there shall be substituted the Table of Fees set out in Schedule 2 to these Regulations.

4

For the Table of Fees in Schedule 2 to the principal Regulations, there shall be substituted the Table of Fees set out in Schedule 3 to these Regulations.

5

The amendments to the principal Regulations made by regulations 2, 3 and 4 of these Regulations shall apply only to fees in relation to proceedings concluded on or after 31st August 1989.

Sanderson of BowdenMinister of State, Scottish OfficeSt Andrew’s House,Edinburgh

SCHEDULE 1

Regulation 2

1

2

3

(Provision of the principal Regulations)

(Old Fee)

(New Fee)

£

£

Regulation 5(1)

56.25

61.30

13.65

14.90

Regulation 6(1)(a)

33.30

36.30

4.40

4.90

72.05

78.55

Regulation 6(1)(b)

33.30

36.30

4.50

4.90

48.40

52.75

Regulation 6(2)

81.55

88.90

Regulation 7

48.40

52.75

371.20

404.60

119.25

130.00

Regulation 8(1)

60.75

66.20

609.65

664.50

Regulation 8(2)(a)

174.40

190.10

Regulation 8(2)(b)

119.25

130.00

Regulation 8(3)(a)

174.40

190.10

Regulation 8(3)(b)

59.60

64.95

Regulation 9(1)

75.90

82.75

1192.30

1299.60

Regulation 9(2)

119.25

130.00

Regulation 9(3)(a)

149.60

163.05

Regulation 9(3)(b)

70.30

76.65

Regulation 10

174.40

190.10

Regulation 11(1)

60.75

66.20

609.65

664.50

Regulation 11(2)

119.25

130.00

SCHEDULE 2TABLE OF FEES APPLICABLE FOR CALCULATING REMUNERATION OF SOLICITORS IN PROCEEDINGS IN THE HIGH COURT

Regulation 3

1.

a

Framing precognitions and other papers, not drawn by by counsel - per sheet

£4.50

b

Framing formal documents such as inventories, title pages and accounts of expenses - per sheet

£1.90

Note:

i

The sheet throughout this Table shall consist of 250 words or numbers.

ii

The solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself.

iii

Where a skilled witness prepares his own precognition or report the solicitor shall be allowed half drawing fees for revising and adjusting it.

iv

Where the business can properly be performed by a local solicitor the auditor shall allow such expenses as would have been incurred if it had been done by the nearest local solicitor, including reasonable fees for instructing and corresponding with him, unless the auditor is satisfied that it was in the interests of the client that the solicitor in charge of the case should attend personally.

2.

Copying papers by any means—

1st copy - per sheet

£0.88

Additional copies - per sheet

£0.37

Note:

When copies by photostatic or similar process each page shall be charged as one sheet

3.

Revising papers drawn by counsel for each five sheets or part thereof

£1.90

4.

Citation of witnesses, instructions to messengers-at-arms—

Each witness

£3.85

Instructing messenger-at-arms including examining execution and settling fee

£3.85

5.

Time charges—

a

Attendances at meetings, preparation for trial or other hearing, attendance at court, consultation with counsel, etc—

Per half hour

£14.20

or such other sum as in the opinion of the auditor is justified.

b

Perusal of documents—

Per half hour

£7.75

or such other sum as in the opinion of the auditor is justified.

c

Allowance for time of clerk - one half of the fee specified in sub-paragraph (a) or (b) above.

d

Attendance at court offices for performance of formal work

£1.90

Note:

In the event of an accused person in a trial being represented by one counsel only, allowances may be made to the solicitor should the case warrant it for the attendance of a clerk at one-half the rate chargeable for the solicitor’s attendance.

6.

Correspondence—

Letters (save as provided below) including instructions to counsel - each page of 125 words

£3.85

Formal letters

£0.95

Telegrams or telephone calls, including letters confirming

£1.90

SCHEDULE 3TABLE OF FEES APPLICABLE FOR CALCULATING REMUNERATION OF SOLICITORS IN PROCEEDINGS IN THE SHERIFF OR DISTRICT COURT

Regulation 4

1.

Attendance at court conducting trial or other hearing - per half hour

£19.40

2.

Time occupied in the performance of all other work including attendances with client and others and attendances at court in all circumstances, except as otherwise specifically provided—

  1. a

    Solicitor - per half hour

  2. b

    Allowance for time of clerk - one half of above.

£14.20

3.

Drawing all necessary papers (the sheet throughout this Table to consist of 250 words or numbers) - per sheet

£4.50

4.

Revising papers where revisal ordered - for each five sheets

£1.90

5.

Copying all necessary papers by any means—

First copy - per sheet

£0.88

Additional copies - per sheet

£0.37

Note:

When copied by photostatic or similar process each page shall be charged as one sheet.

6.

Perusing any document (other than a letter) not exceeding—

2 sheets in length

£3.85

For each 2 sheets thereafter

£3.85

7.

Lodging in court—

Each necessary lodging in or uplifting documents from court or each necessary enquiry for documents due to be lodged

£1.90

8.

Correspondence, intimations,

etc.

a

Formal letters and intimations

£0.95

b

Letters other than above - per page of 125 words

£3.85

c

Telephone calls except those to which sub-paragraph (d) below applies

£1.90

d

Telephone calls (lengthy) to be treated as attendance or long letters.

9.

Citations—

Each citation of witness including execution thereof

£3.85

10.

Instructions to officers

£1.90

(This note is not part of the Regulations)

These Regulations amend the Legal Aid (Scotland) (Fees in Criminal Proceedings) Regulations 1984 so as to increase the fees allowable to solicitors for legal aid in criminal proceedings given under the Legal Aid (Scotland) Act 1967. The increased fees will apply to proceedings concluded on or after 31st August 1989.

The Legal Aid (Scotland) Act 1967 continues in effect, despite its general repeal by the Legal Aid (Scotland) Act 1986, in respect of legal aid applications which were granted before commencement of the 1986 Act on 1st April 1987 (see paragraph 3(1) of Schedule 4 to the 1986 Act). It is thus only in respect of proceedings following upon such applications that these Regulations increase the fees.

Regulation 2 and Schedule 1 increase the maximum and minimum fees allowable to solicitors in respect of various kinds of proceedings or work.

Regulation 3 and Schedule 2 increase the detailed fees applicable (subject normally to the prescribed maximum and minimum) for calculating the remuneration of solicitors in proceedings in the High Court of Justiciary. The overall increase is about 9%.

Regulation 4 and Schedule 3 increase the detailed fees applicable (subject normally to the prescribed maximum and minimum) for calculating the remuneration of solicitors in proceedings in the sheriff or district court. The fees have been increased by amounts similar to those in Schedule 2.