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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No. 3) Regulations 2004 No. 263 URL: http://www.bailii.org/scot/legis/num_reg/2004/20040263.html

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    " (7) Where the Board grants an application for a change of solicitor under regulation 17(3) of the Criminal Legal Aid (Scotland) Regulations 1996[3] there shall be paid to each of the solicitors who act for the assisted person in the relevant proceedings-


(a) an equal part of the total amount payable under paragraph 1 of Part 1 of Schedule 1; and

(b) the amounts payable under paragraphs 2 to 13 of Part 1 of Schedule 1 shall be payable to the solicitor who carries out the work described in those paragraphs.".

     4. For Part 1 of Schedule 1 substitute the Schedule to these Regulations.



HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
3rd June 2004

" SCHEDULE 1Regulation 4



PART 1


	Where professional services are provided in relation to proceedings in the District Court (other than where proceedings are set down to proceed before a Stipendiary Magistrate)	Where professional services are provided in relation to proceedings in the Sheriff Court (other than proceedings in a Court specified in Schedule 2) or the District Court (where proceedings are set down to proceed before a Stipendiary Magistrate)	Where professional services are provided in relation to proceedings in the Sheriff Court and those proceedings are brought in a Court specified in Schedule 2
1. All work up to and including: (i) any diet at which a plea of guilty is made and accepted or plea in mitigation is made; (ii) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies; (iii) the first 30 minutes of conducting any trial; and (iv) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, together with any subsequent or additional work other than that specified in paragraphs 2-13 below.	£300 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below £275)	£500 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below £475)	£550 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below £525)
2. All work done in connection with a complaint under section 27(1)(b) of the 1995 Act up to and including the first 30 minutes of conducting a trial or proof in mitigation.	£150	£250	£250
3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement.	£25	£50	£50
4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes)	£50	£100	£100
5. Conducting a trial or proof in mitigation for the second day.	£50	£200	£200
6. Conducting a trial or proof in mitigation for the third and subsequent days (per day).	£100	£400	£400
7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence.	-	£50	-
8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day).	-	£200	-
9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day).	-	£200	-
10. Representation in court at a diet of deferred sentence or per appearance in a court which has been designated as a youth court by the sheriff principal, at a hearing in respect of a community supervision order, or per appearance at a hearing in a court which has been designated as a domestic abuse court by the sheriff principal.	£25	£50	£50
11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid.	£25	£25	£25
12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid.	£25	£25	£25
13. All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act.	£50	£50	£50".

[2] S.I. 1999/491, as amended by S.I. 1999/1820 and S.S.I. 1999/48, 2001/307, 2002/247 and 442, 2003/249 and 2004/51 and 126.back

[3] S.I. 1996/2555, as amended by S.I. 1999/1042 and S.S.I. 2001/306, 2002/441 and 2003/249.back

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