Criminal Legal Aid (Scotland) (Fees) Regulations 1989

JurisdictionUK Non-devolved

1989No. 1491

LEGAL AID AND ADVICE, SCOTLAND

The Criminal Legal Aid (Scotland) (Fees) Regulations 1989

14thAugust1989

17thAugust1989

31stAugust1989

The Secretary of State, in exercise of the powers conferred upon him by section 33 of the Legal Aid (Scotland) Act 1986 ( a) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 and shall come into force on 31st August 1989.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires-

"the 1986 Act" means the Legal Aid (Scotland) Act 1986;

"auditor" means the appropriate auditor of court specified in regulation 11;

"duty solicitor" means a solicitor who is available for the purpose of giving criminal legal aid by virtue of an arrangement made by the Board under section 31(8) of the 1986 Act;

"High Court" means the High Court of Justiciary;

"nominated solicitor" means the solicitor nominated to act by a person to whom criminal legal aid has been made available;

"outlays" does not include fees payable to counsel.

(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to one of these Regulations and any reference to a numbered Schedule is to a Schedule to these Regulations.

(a) 1986 c.47.

Fees and outlays to which the Regulations apply

3. These Regulations shall regulate the fees and outlays allowable to solicitors, and the fees allowable to counsel, from the Fund in respect of criminal legal aid under the 1986 Act, upon any taxation in accordance with regulation 11, in respect of which the proceedings are concluded on or after 31st August 1989.

Fees allowance to solicitors: general provisions

4.-(1) Subject to the following provisions of this regulation and to regulations 5, 6 and 9, the fees allowable to solicitors shall be those specified in Schedule 1.

(2) Where a nominated solicitor represents two or more persons charged in the same indictment or complaint, or appealing against conviction or sentence in respect of the same indictment or complaint he shall submit one account in respect of all those persons.

(3) Where a nominated solicitor requires another solicitor, whether an Edinburgh solicitor in connection with an appeal or on a remit for sentence, or a solicitor at the place of the prison or the court, or a local solicitor for the purpose of local precognitions or inquiry, nevertheless only one account shall be submitted by the nominated solicitor (payment of the other solicitor being a matter for adjustment between the nominated solicitor and the other solicitor out of the fees payable hereunder), but in determining the sum to be allowed to the nominated solicitor account shall be taken also of the work carried out by that other solicitor.

(4) Where the work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees allowed to the solicitor an amount equal to the amount of value added tax chargeable.

Solicitors' fees for identification parades and judicial examinations

5.-(1) The duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor shall be allowed, in respect of attendance at an identification parade to which section 21(4)(b) of the 1986 Act applies, fees at the following rates:-

First hour of attendance - £68.35; Each subsequent quarter hour - £8.60.

(2) The duty solicitor or the nominated solicitor shall be allowed in respect of representing an accused person at a judicial examination (whether a first examination or a further examination) to which sections 20, 20A and 20B of the Criminal Procedure (Scotland) Act 1975 ( a)apply-

(a) fees in accordance with the rates specified in regulation 6(1); and(b) fees in respect of any necessary waiting time or any other necessary work relating to the judicial examination, determined in accordance with regulation 7.

(3) Any fees allowed to a nominated solicitor under this regulation shall be in addition to any fees allowed to him under regulation 7.

Duty solicitors' fees

6.-(1) There shall be allowed to the duty solicitor representing accused persons in the sheriff or district court fees on the following scales:-

(a) for attendance at the first session of a court for the day, a sessional fee of £36.30 for the first case and £4.90 for each additional case, subject to a maximum total fee of £78.55 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier;(b) for attendance at any other session of that court on the same day, a sessional fee of £36.30 for the first case and £4.90 for each additional case, subject to a maximum total fee of £52.75 for each such other session:

Provided that the fee according to the foregoing scale shall cover the appearance in court of the duty solicitor on behalf of the accused as well as any interview or interviews with the accused or others whether such interview or interviews take place during the same or another session.

(2) Where, following a plea of guilty, one or more adjournments are ordered by the court, and the duty solicitor requires to appear again, then an additional fee shall be payable to the duty solicitor in respect of-

(a) additional interviews with the accused or others; and(b) attendances at court other than...

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