The Criminal Legal Aid (Scotland) (Fees) Amendment (No. 3) Regulations 2005 No. 656

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SCOTTISH STATUTORY INSTRUMENTS

2005 No.656
LEGAL AID AND ADVICE
The Criminal Legal Aid (Scotland) (Fees) Amendment (No. 3) Regulations 2005

	Made	21st December 2005
	Laid before the Scottish Parliament	22nd December 2005
	Coming into force	29th January 2006

The Scottish Ministers, in exercise of the powers conferred on them by section 33(2)(a) and (3), and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment (No. 3) Regulations 2005 and shall come into force on 29th January 2006.

Application
     2. These Regulations apply only in respect of proceedings commenced on or after 4th April 2005.

Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
     3. The Criminal Legal Aid (Scotland) (Fees) Regulations 1989[2] are amended in accordance with the following Regulations.

     4. In regulation 2(1) after the definition of "the 1986 Act" insert–

" "the 1988 Act" means the Road Traffic Act 1988[

5. In regulation 10(1) after "appears to" insert–

" the Board, or at taxation".

6. For paragraph 5(b) of Schedule 1 substitute–

7. For Schedule 2 substitute the Schedule to these Regulations.

Revocation and savings
8. —(1) Subject to paragraph (2), the following Regulations are hereby revoked:–

The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2005[

(2) The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2005 and the Criminal Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 2005 will continue to have effect only in respect of proceedings which commenced before 4th April 2005 where counsel would be entitled to a higher fee for work done in respect of those proceedings under the Table of Fees in Schedule 2 as amended by those Regulations than counsel would be entitled to had those Regulations not been made.

HUGH HENRY
Authorised to sign by Scottish Ministers

St Andrew's House, Edinburgh
21st December 2005

SCHEDULERegulation 7

FEES OF COUNSEL

" SCHEDULE 2

Regulation 10

FEES OF COUNSEL

Notes on the operation of Schedule 2
     1. Subject to the following provisions of this Schedule, fees shall be calculated by the Board, and in the event of a question or dispute by the auditor, in accordance with the Table of Fees in this Schedule.

     2. Where the Table of Fees does not prescribe a fee for any item of work the Board, or as the case may be the auditor, shall allow such fee as appears appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

     3. In the taxation of counsel's fees–

Appeals in the High Court of Justiciary
4. The Board, or as the case may be the auditor, shall have power to increase any fee prescribed in Part II of the Table of Fees where satisfied that, because of the particular complexity or difficulty of the work or any other particular circumstances, such an increase is necessary to provide reasonable remuneration for the work. This power shall only be exercised in the following circumstances and subject to the following conditions:–

(d) counsel seeking an enhanced fee shall identify and vouch such factors under sub paragraph (c) above as apply to the case, and the Board, or as the case may be the auditor, shall require to be satisfied that the factors identified and vouched had a significant effect on the conduct of the case before allowing such a fee;

(e) in the event of an enhanced fee being allowed after taxation, the auditor shall specify each of the factors in sub paragraph (c) above which justify the enhanced fee, and the extent to which each of those factors justify the fee.

     5. Subject to the provisions of paragraphs 6 to 10 below, the maximum fee which the Board, or as the case may be the auditor, can allow for an item of work, set out in paragraphs 1 and 2 of Chapters 1 and 2 of Part II of the Table of Fees, in a case involving the most complex or difficult work, and whatever the circumstances, shall be that set out in Chapter 3 of Part II of the Table of Fees.

     6. Where a hearing as specified in paragraph 2(b) or (c) of Chapter 1 or 2 of Part II of the Table of Fees is set down for half a day, or longer, then the fee allowable for that hearing shall be the same as that specified in paragraph 2(a) of Chapter 1 or 2 of Part II of the Table of Fees. For cases in which the provisions of paragraph 5 above apply, the maximum fee allowable shall be as prescribed in paragraph (f) of Chapter 3 of Part II of the Table of Fees.

     7. For a fee set out in paragraph 3 of Chapters 1 and 2 of Part II of the Table of Fees, the Board, or as the case may be the auditor, may allow a percentage increase not exceeding 100 per cent of the fees prescribed for a consultation, subject to the following conditions:–

8. Any enhanced fee allowed by the Board, or as the case may be the auditor, in respect of paragraphs 4 and 5 above shall be proportionate to the maximum fee, and shall be set between the fee prescribed in Part II of the Table of Fees up to the maximum fee for the most complex and difficult case, the amount by which the fee is enhanced depending on the circumstances of the case.

9. Subject to paragraph 10 below, in any case where an unusually high level of preparation was required because of the particular complexity or difficulty of the work, this preparation shall be included within a claim for an enhanced fee under paragraph 4 above, and the Board, or as the case may be the auditor, shall only consider a claim for an enhanced fee in respect of preparation if the following apply:–

(b) in allowing an enhanced fee for preparation the Board, or as the case may be the auditor, must be satisfied that the level of preparation was necessary, reasonable and proportionate in all the circumstances of the case.

10. In exceptional cases involving extraordinary preparation, a separate fee in respect of that preparation may be allowed at the discretion of the Board, or as the case may be the auditor, but subject to the following conditions:–

     11. The Board, or as the case may be the auditor, shall have power to reduce any fee set out in Part II of the Table of Fees in this Schedule where satisfied that, because of any particular circumstances, a reduced fee is sufficient to provide reasonable remuneration for the work having regard to the general level of fees in the said Part II.

Proceedings in the High Court of Justiciary (other than appeals) and the Sheriff Court
     12. Subject to paragraphs 13 to 15 below, the fees prescribed in Parts I and III of the Table of Fees in this Schedule shall include all preparation.

     13. A fee for separate preparation shall be allowed only on the following conditions:–

14. A fee for separate preparation shall be allowed only in any case–

(a) where–

(i) the case is disposed of at a hearing under section 76 of the 1995 Act[

and the level of preparation is that to which paragraph 15 (d) or (e) below applies; or

(b) where a plea of guilty is tendered, or a plea of not guilty is accepted, up to and including the first day of trial and the case does not proceed to trial, and the level of preparation is that to which paragraph 15 (c) or (e) below applies.

15. A fee for separate preparation allowed under paragraphs 13 and 14 above shall be calculated by reference to the total number of sheets of documentation as follows:–

(d) 2.5 days are allowable for 10,001 12,500 sheets;

(e) where the total number of sheets exceeds 12,500 counsel shall be entitled to a fee in respect of the total preparation reasonably undertaken having regard to all the circumstances, including the general level of fees prescribed in this paragraph; and

(f) a fee for separate preparation allowed under–

16. Where a fee is claimed in respect of paragraph 1(c) of Chapter 1 or 2 of Part I of the Table of Fees–

17. For the purposes of the fees prescribed in Parts I and III of the Table of Fees in this Schedule–

18. Where counsel claims a fee for a waiting day–

(b) the fee payable to senior counsel for such a day shall be–

(c) no other chargeable work shall be undertaken in the case that day; and

(d) provided that counsel remains available at court in case the trial proceeds that day, chargeable work in respect of other cases may be undertaken on that day, other than conducting a hearing or trial.

19. Where counsel claims a fee in respect of paragraph 2 of Chapter 1 or 2 of Part I, or paragraph 1 of Chapter 1 or 2 of Part III, of the Table of Fees–

20. The supplementary fee for necessary travel specified in paragraph 7 of Chapters 1 and 2 of Part I and paragraph 6 of Chapters 1 and 2 of Part III of the Table of Fees is chargeable only as follows:–

21. The payment for necessary accommodation and subsistence specified under paragraph 8 of Chapters 1 and 2 of Part I, and paragraph 7 of the Chapters of Part III, of the Table of Fees is chargeable only in circumstances where a supplementary fee for travel is chargeable and on cause shown. Counsel shall, if required, produce records certifying the accommodation and subsistence costs incurred.

Interpretation
22. In this Schedule–

"documentation" means Crown statements, precognitions, productions and labels;

"waiting day" means a day where counsel is required to attend court and does so but the trial does not proceed; and

"sheet" shall consist of 250 words and numbers, or each minute of an un-transcribed tape.

TABLE OF FEES

PART I

FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY

CHAPTER 1 – JUNIOR COUNSEL

1. Preliminary Hearing
(a) preliminary hearing including managed meeting or equivalent communication with the Crown by whatever means and including any note on the line of evidence	Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(b) further diet under Section 72A of the 1995 Act	Two-thirds of the fee prescribed in paragraph 1(a) above.
(c) adjourned diet under Section 75A of the 1995 Act, or continued diet	Half the fee prescribed in paragraph 1(a) above.
(d) attendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing	Half the fee prescribed in paragraph 1(a) above.
(e) conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre-hearing communication with the Crown	Half the fee prescribed in paragraph 1(a) above.

	Junior as leader	Junior Alone	Junior with leader
2. Early Plea
Hearing under section 76 of the 1995 Act	£1,250.00	£1,250.00	£625.00
3. Trial per day Category Charges Prosecuted in the High Court
(a) Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, Section 1 of the 1988 Act[10] (causing death by dangerous driving), Section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs)[11], Sedition, Treason, Offences under the 2000 Act[12], Torture, War crimes	£750.00	£650.00	£450.00
(b) Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, Incest, Sodomy, Offences under the Sexual Offences Act[13], Offences against Children under the 1995 Consolidation Act[14], Offences under section 16A of the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences	£617.50	£535.00	£375.00
(c) Possession with intent to supply or being concerned in the supply of a Class B or Class C drug, Assault to severe injury, Assault and Robbery, Mobbing, Embezzlement, Fire Raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Firearms offences	£455.00	£395.00	£275.00
(d) Theft, Forgery, Concealing a pregnancy, Deforcement of Sheriff's Officers, Malicious Mischief, Brothel Keeping, Public Order Offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road Traffic Offences (other than section 1 or 3A of the 1988 Act), Possession of Offensive Weapons, Violation of Sepulchres	£362.50	£315.00	£225.00
4. Miscellaneous Hearings
(a) fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed	£360.00	£315.00	£225.00
(b) preliminary diet	£360.00	£315.00	£225.00
(c) hearing under section 275 of the 1995 Act[15]	£360.00	£315.00	£225.00
(d) hearing on specification of documents	£360.00	£315.00	£225.00
(e) hearing on a devolution minute	£360.00	£315.00	£225.00
(f) hearing on an application by the Crown for an extension of time	£360.00	£315.00	£225.00
(g) hearing under section 72 of the 1995 Act	£180.00	£157.50	£112.50
(h) hearing on a motion to adjourn	£180.00	£157.50	£112.50
(i) hearing on an application for special measures	£180.00	£157.50	£112.50
(j) confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in–
(i) paragraph 3(a)	£750.00	£650.00	£450.00
(ii) paragraph 3(b)	£617.50	£535.00	£375.00
(iii) paragraph 3(c)	£455.00	£395.00	£275.00
(iv) paragraph 3(d)	£362.50	£315.00	£225.00
(k) confiscation diet where no substantial evidence is led	£360.00	£315.00	£225.00
(l) deferred sentence where mitigation is led	£360.00	£315.00	£225.00
(m) deferred sentence where no mitigation is led	£180.00	£157.50	£112.50
(n) remit for sentence	£360.00	£315.00	£225.00
(o) adjourned trial diet	£180.00	£157.00	£112.00
(p) adjourned trial diet (trial having commenced)	£360.00	£315.00	£225.00
5. Fee for consultations, accused and counsel meetings and locus visits
	£177.00	£154.00	£108.00
6. Fee for a necessary Note
	£50.00	£50.00	£50.00
7. Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken	£100.00	£100.00	£100.00
8. Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day	£75.00	£75.00	£75.00

CHAPTER 2 – SENIOR COUNSEL

1. Preliminary Hearing
(a) preliminary hearing including managed meeting or equivalent communication with the Crown by whatever means and including any note on the line of evidence	Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(b) further diet under Section 72A of the 1995 Act	Two-thirds of the fee prescribed at paragraph 1(a) above.
(c) adjourned diet under Section 75A of the 1995 Act, or continued diet	Half the fee prescribed at paragraph 1(a) above.
(d) attendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing	Half the fee prescribed at paragraph 1(a) above.
(e) conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre-hearing communication with the Crown	Half the fee prescribed at paragraph 1(a) above.
2. Early Plea
Hearing under section 76 of the 1995 Act	£1,250.00
3. Trial (per day) Category Charges Prosecuted in the High Court
(a) Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, Section 1 of the 1988 Act[16] (causing death by dangerous driving), Section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs)[17], Sedition, Treason, Offences under the 2000 Act[18], Torture, War crimes	£900.00
(b) Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, Incest, Sodomy, Offences under the Sexual Offences Act[19], Offences against Children under the 1995 Consolidation Act[20], Offences under section 16A of the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences	£700.00
(c) Possession with intent to supply or being concerned in the supply of a Class B or Class C drug, Assault to severe injury, Assault and Robbery, Mobbing, Embezzlement, Fire Raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Firearms offences	£515.00
(d) Theft, Shameless Indecency, Offences under the Sexual Offences Act, Forgery, Concealing a pregnancy, Deforcement of Sheriff's Officers, Malicious Mischief, Brothel Keeping, Public Order Offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road Traffic Offences (other than section 1 or 3A of the 1988 Act), Possession of Offensive Weapons, Violation of Sepulchres	£410.00
4. Miscellaneous Hearings
(a) fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed	£410.00
(b) preliminary diet	£410.00
(c) hearing under section 275 of the 1995 Act[21]	£410.00
(d) hearing on specification of documents	£410.00
(e) hearing on a devolution minute	£410.00
(f) hearing on an application by the Crown for an extension of time	£410.00
(g) hearing under section 72 of the 1995 Act	£205.00
(h) hearing on a Motion to adjourn	£205.00
(i) hearing on an application for special measures	£205.00
(j) confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in–
(i) paragraph 3(a)	£900.00
(ii) paragraph 3(b)	£700.00
(iii) paragraph 3(c)	£515.00
(iv) paragraph 3(d)	£410.00
(k) confiscation diet where no substantial evidence is led	£410.00
(l) deferred sentence where mitigation is led	£410.00
(m) deferred sentence where no mitigation is led	£205.00
(n) remit for sentence	£410.00
(o) adjourned trial diet	£205.00
(p) adjourned trial diet (trial having commenced)	£410.00
5. Fee for consultations, accused and counsel meetings and locus visits
	£200.00
6. Fee for a necessary Note
	£50.00
7. Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken	£100.00
8. Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day	£75.00

PART II

FEES OF COUNSEL IN APPEAL PROCEEDINS

CHAPTER 1 – JUNIOR COUNSEL

	Junior with leader	Junior alone
1. Appeals, written work
(a) Opinion on appeal		£60.00
(b) drafting grounds of appeal against conviction, including any note of appeal	£58.00	£82.00
(c) drafting bill of suspension		£60.00
(d) note of adjustments to stated case	£58.00	£82.00
(e) revisal of stated case		£60.00
2. Appeals, conduct
(a) hearing in appeal against conviction (per day)	£223.00	£315.00
(b) hearing on stated case or bill of suspension related to conviction or conviction and sentence	£101.00	£132.00
(c) hearing in appeal against sentence including fee for drafting note of appeal	£41.00	£91.00
(d) appeal relating to granting of bail	£30.00	£30.00
3. Consultations
(a) in Edinburgh	£71.00	£101.00
additional fee if held in prison	£11.00	£11.00
(b) elsewhere within 60 miles journey by road from Edinburgh	£132.00	£173.00
(c) in Aberdeen, Inverness or Dumfries	£264.00	£315.00
(d) elsewhere beyond 60 miles journey by road from Edinburgh, such fee as the Board or the auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph

CHAPTER 2 – SENIOR COUNSEL

1. Appeals, written work
(a) Opinion on appeal	£91.00
(b) revising grounds of appeal against conviction, including any note of appeal	£112.00
(c) revisal of bill of suspension	£91.00
(d) note of adjustments to stated case	£112.00
(e) revisal of stated case	£91.00
2. Appeals, conduct
(a) hearing in appeal against conviction (per day)	£409.00
(b) hearing on stated case or bill of suspension related to conviction or conviction and sentence	£203.00
(c) hearing in appeal against sentence including revisal of note of appeal	£132.00
(d) appeal relating to granting of bail	£30.50
3. Consultations
(a) in Edinburgh	£153.00
additional fee if held in prison	£11.00
(b) elsewhere within 60 miles journey by road from Edinburgh	£244.00
(c) in Aberdeen, Inverness or Dumfries	£469.00
(d) elsewhere beyond 60 miles journey by road from Edinburgh, such fee as the Board or the auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph

CHAPTER 3 – MAXIMUM FEES

	Junior with leader	Junior alone	Senior
(a) Opinion on appeal	£100.00	£132.00	£200.00
(b) drafting or revising grounds of appeal against conviction, including any note of appeal	£150.00	£200.00	£300.00
(c) drafting bill of suspension	£75.00	£100.00	£150.00
(d) note of adjustments to stated case	£75.00	£100.00	£150.00
(e) revisal of stated case	£75.00	£100.00	£150.00
(f) hearing in appeal against conviction (per day)	£625.00	£825.00	£1,250.00
(g) hearing on stated case or bill of suspension related to conviction or conviction and sentence	£225.00	£300.00	£475.00
(h) appeal against sentence including drafting note of appeal	£225.00	£300.00	£475.00
(i) appeal relating to granting of bail	£30.50	£30.50	£30.50

PART III

FEES OF COUNSEL FOR PROCEEDINGS IN THE SHERIFF AND DISTRICT COURT

CHAPTER 1 – JUNIOR COUNSEL

	Junior as leader	Junior alone	Junior with leader
1. Early Plea
Hearing under section 76 of the 1995 Act[22]	£1,250.00	£1,250.00	£625.00
2. Trial (per day ) Category Charges Prosecuted in the Sheriff Court
(a) Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, Section 1 of the 1988 Act[23] (causing death by dangerous driving), Section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs)[24] Sedition, Treason, Offences under the 2000 Act[25], Torture, War crimes, Rape, Multiple attempted murder	£647.50	£575.00	£360.00
(b) Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and Libidinous behaviour, Incest, Sodomy, Offences under the Sexual Offences Act[26], Offences against Children under the 1995 Consolidation Act[27], Offences under section 16A of the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Firearms offences	£495.00	£430.00	£300.00
(c) Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a Class B or Class C drug, Assault to severe injury, Assault and Robbery, Mobbing, Embezzlement, Fire Raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court Perjury etc. Theft, Forgery, Concealing a pregnancy, Deforcement of Sheriff's Officers, Malicious Mischief, Brothel Keeping, Public Order Offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings) Harassment, Road Traffic Offences (other than section 1 or 3A of the 1988 Act), Possession of Offensive Weapons, Violation of Sepulchres	£345.00	£300.00	£210.00
3. Miscellaneous Hearings
(a) fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed	£288.00	£252.00	£180.00
(b) preliminary diet	£288.00	£252.00	£180.00
(c) hearing under section 275 of the 1995 Act	£288.00	£252.00	£180.00
(d) hearing on specification of documents	£288.00	£252.00	£180.00
(e) hearing on a devolution minute	£288.00	£252.00	£180.00
(f) hearing on an application by the Crown for an extension of time	£288.00	£252.00	£180.00
(g) hearing under section 72 of the 1995 Act	£144.00	£126.00	£90.00
(h) hearing on a Motion to adjourn	£144.00	£126.00	£90.00
(i) hearing on an application for special measures	£144.00	£126.00	£90.00
(j) confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in–
(i) paragraph 2(a)	£647.50	£575.00	£360.00
(ii) paragraph 2(b)	£495.00	£430.00	£300.00
(iii) paragraph 2(c)	£345.00	£300.00	£210.00
(k) confiscation diet where no substantial evidence is led	£288.00	£252.00	£180.00
(l) deferred sentence where mitigation is led	£288.00	£252.00	£180.00
(m) deferred sentence where no mitigation is led	£144.00	£126.00	£90.00
(n) adjourned trial diet	£144.00	£126.00	£90.00
(o) adjourned trial diet (trial having commenced)	£288.00	£252.00	£180.00
4. Fee for consultations, accused and counsel meetings and locus visits
	£142.00	£123.00	£86.00
5. Fee for a necessary Note	£50.00	£50.00	£50.00
6. Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken	£100.00	£100.00	£100.00
7. Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day	£75.00	£75.00	£75.00

CHAPTER 2 – SENIOR COUNSEL

1. Early Plea
Hearing under section 76 of the 1995 Act[28]	£1,250.00
2. Trial (per day) Category Charges Prosecuted in the Sheriff Court
(a) Culpable Homicide, Assault and Robbery (involving commercial premises i.e. banks, post offices, warehouses etc.), Importation of Controlled Drugs, Fraud and related offence. Section 1 of the 1988 Act (causing death by dangerous driving), Section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs)[29], Sedition, Treason, Offences under the 2000 Act, Torture, War crimes, Rape, Multiple attempted murder	£720.00
(b) Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and Libidinous behaviour, Incest, Sodomy, Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Offences under section 16A of the 1995 Consolidation Act (conspiracy or incitement to commit sexual acts outside the U.K.), Abduction and/or unlawful imprisonment), Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Firearms offences	£560.00
(c) Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a Class B or Class C drug, Assault to severe injury, Assault and Robbery, Mobbing, Embezzlement, Fire Raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court Perjury etc. Theft, Shameless Indecency, Offences under the Sexual Offences Act, Forgery, Concealing a pregnancy, Deforcement of Sheriff's Officers, Malicious Mischief, Brothel Keeping, Public Order Offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road Traffic Offences (other than section 1 or 3A of the 1988 Act), Possession of Offensive Weapons, Violation of the Sepulchres	£325.00
3. Miscellaneous Hearings
(a) fee for a day in court for miscellaneous hearings other than for which a fee is prescribed	£328.00
(b) preliminary diet	£328.00
(c) hearing under section 275 of the 1995 Act	£328.00
(d) hearing on specification of documents	£328.00
(e) hearing on a devolution minute	£328.00
(f) hearing on an application by the Crown for an extension of time	£328.00
(g) hearing under section 72 of the 1995 Act	£164.00
(h) hearing on a motion to adjourn	£164.00
(i) hearing on an application for special measures	£164.00
(j) confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in–
(i) paragraph 2(a)	£720.00
(ii) paragraph 2(b)	£560.00
(iii) paragraph 2(c)	£328.00
(k) confiscation diet where no substantial evidence is led	£328.00
(l) deferred sentence where mitigation is led	£328.00
(m) deferred sentence where no mitigation is led	£164.00
(n) adjourned trial diet	£164.00
(o) adjourned trial diet (trial having commenced)	£328.00
4. Fee for consultations, accused and counsel meetings and locus visits
	£160.00
5. Fee for a necessary Note
	£50.00
6. Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken	£100.00
7. Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day	£75.00"

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 ("the principal Regulations") and revoke, subject to a saving provision, the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2005 and the Criminal Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 2005. They retain the substance of the revoked regulations by providing the following:–

The Regulations apply in respect of proceedings commenced on or after 4th April 2005 (regulation 2). The saving provision in regulation 8(2) preserves the application of the revoked regulations in respect of proceedings commenced before 4th April 2005 where that would result in counsel being entitled to a higher fee than would have been the case, had those regulations not been made.

Notes:

[1] 1986 c.47. Sections 33 and 36 were amended for purposes not relevant to these Regulations. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] S.I. 1989/1491 as relevantly amended by S.I. 1990/1035, 1991/566, 1992/374 and 1997/719, and by S.S.I. 2004/264, 2005/113 and 2005/584.back

[3] 1988 c.52.back

[4] 1995 c.46, as relevantly amended by sections 1, 2 and 25 of, and paragraph 24 of the schedule to, the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).back

[5] 1995 c.39.back

[6] 2000 c.11.back

[7] S.S.I. 2005/113.back

[8] S.S.I. 2005/584.back

[9] 1995 c.46 as relevantly amended by sections 1, 2, and 25 of, and paragraph 24 of the schedule to, the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).back

[10] 1988 c.52.back

[11] Section 3A of the Road Traffic Act 1988 (c. 52) was inserted by section 3 of the Road Traffic Act 1991 (c. 40).back

[12] 2000 c.11.back

[13] 2003 c.42.back

[14] 1995 c.39.back

[15] 1995 c.46, as relevantly amended by sections 1, 2 and 25 of, and paragraph 24 of the schedule to, the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).back

[16] 1988 c.52.back

[17] Section 3A of the Road Traffic Act 1988 (c. 52) was inserted by section 3 of the Road Traffic Act 1991 (c.40).back

[18] 2000 c.11.back

[19] 2003 c.42.back

[20] 1995 c.39.back

[21] 1995 c.46, as relevantly amended by sections 1, 2 and 25 of, and paragraph 24 of the schedule to, the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).back

[22] 1995 c.46, as relevantly amended by sections 1, 2 and 25 of, and paragraph 24 of the schedule to, the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).back

[23] 1988 c.52.back

[24] Section 3A of the 1988 Act (c. 52) was inserted by section 3 of the Road Traffic Act 1991 (c. 40).back

[25] 2000 c.11.back

[26] 2003 c.42.back

[27] 1995 c.39.back

[28] 1995 c.46, as relevantly amended by sections 1, 2 and 25 and paragraph 24 of the schedule to the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).back

[29] Section 3A of the Road Traffic Act 1988 (c. 52) was inserted by section 3 of the Road Traffic Act 1991 (c. 40).back

ISBN 0 11 069889 4

Prepared 30 December 2005

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