The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012
| Jurisdiction | Scotland |
| Citation | SSI 2012/276 |
| Year | 2012 |
2012 No. 276
Legal Aid And Advice
The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012
Made 17th October 2012
Laid before the Scottish Parliament 19th October 2012
Coming into force 3rd December 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(2)(a) and (3) and 36(1) of the Legal Aid (Scotland) Act 19861and all other powers enabling them to do so.
Citation, commencement, interpretation and application
1.—(1) These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012 and come into force on 3rd December 2012.
(2) In these Regulations “the principal Regulations” means the Criminal Legal Aid (Scotland) (Fees) Regulations 19892.
2. These Regulations apply only to fees for work done and outlays incurred on or after 3rd December 2012.
Amendment to principal Regulations
3.—(1) The principal Regulations are amended in accordance with regulations 4(1) and 12 of these Regulations.
(2) Schedule 2 (fees of counsel) to the principal Regulations is amended in accordance with regulations 4(2) to 11, 13 and 14 of these Regulations.
Definitions
4.—(1) In regulation 2, after the definition of “the 2000 Act” insert—
““the 2009 Act” means the Sexual Offences (Scotland) Act 20093;”.
(2) In paragraph 22—
(a)
(a) before the definition of consultation insert—
““the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 20104;
“commercial premises” means a bank, building society, post office, security vehicle, currency exchange or licensed gambling premises;”;
(b)
(b) in the definition of consultation, after “formal meeting” insert “, including meeting by means of a conference call,”; and
(c)
(c) after the definition of documentation insert—
““retail premises” means any premises, other than commercial premises;”.
Categories of charges
5.—(1) After paragraph 17(h) insert—
“(ha)
“(ha) where a trial of an accused person proceeds in respect of the offence of conspiracy to commit an offence, the fee payable in terms of paragraph 3 of Chapter 1 or 2 of Part 1 and paragraph 2 of Chapter 1 or 2 of Part 3 of the Table of Fees, is that for the offence to which the charge of conspiracy relates. Where the offence to which the charge of conspiracy relates is not prescribed in Schedule 2, the fee payable is in terms of paragraph 3(b) of Chapter 1 or 2 of Part 1 and paragraph 2(b) of Chapter 1 or 2 of Part 3 of the Table of Fees;”.
(2) In Part 1 of the Table of Fees, in Chapter 1 (fees of junior counsel in the High Court of Justiciary)—
(a)
(a) in paragraph 3(a), after “age of 12” insert “, Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act”;
(b)
(b) in paragraph 3(b), after “1982” insert “, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees”; and
(c)
(c) in paragraph 3(c), after “sepulchres” insert “, Robbery, Breach of the peace”.
(3) In Part 1 of the Table of Fees, in Chapter 2 (fees of senior counsel in the High Court of Justiciary)—
(a)
(a) in paragraph 3(a), after “age of 12” insert “, Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act”;
(b)
(b) in paragraph 3(b), after “1982” insert “, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees”; and
(c)
(c) in paragraph 3(c), after “sepulchres” insert “, Robbery, Breach of the peace”.
(4) In Part 3 of the Table of Fees, in Chapter 1 (fees of junior counsel in the sheriff and district court)—
(a)
(a) in paragraph 2(a), after “age of 12” insert “, Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act”; and
(b)
(b) in paragraph 2(b), after “1982” insert “, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace”.
(5) In Part 3 of the Table of Fees, in Chapter 2 (fees of senior counsel in the sheriff and district court)—
(a)
(a) in paragraph 2(a), after “age of 12” insert “, Section 2B of the 1988 Act, Section 3ZB of the 1988 Act, Sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act”; and
(b)
(b) in paragraph 2(b), after “1982” insert “, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace”.
Preliminary hearings, necessary notes and written work
6.—(1) After paragraph 15 insert—
“15A.—(1) Where a case has more than one preliminary hearing, the fee payable for any further preliminary hearings as prescribed in paragraphs 1B(a) of Chapters 1 and 2 of Part 1 of the Table of Fees is reduced as specified in sub-paragraphs (2) and (3).
(2) Where charges in a case have been split into more than one indictment, the fee payable for any further preliminary hearings is half that prescribed.
(3) Where in a case an indictment is deserted and subsequently re-raised, the fee for any further preliminary hearings is two thirds that prescribed.
15B. For the purposes of the fees prescribed in paragraphs 1A and 6 of Chapters 1 and 2 of Part 1 and paragraphs 1A and 5 of Chapters 1 and 2 of Part 3 of the Table of Fees—
(a) the fee for drafting defence statements is payable only once in any case, regardless of how many statements are drafted in that case;
(b) a fee is only payable for a second necessary note in a case on cause shown and where counsel establishes there were exceptional circumstances in the case, and in any case fees for no more than two necessary notes are payable; and
(c) where written work, for which there is a prescribed fee, or a necessary note is drafted and revised, the fee payable for the written work or necessary note is, if there is more than one counsel, shared equally between counsel who made the revisals.”.
(2) In Part 1 of the Table of Fees, in Chapter 1 (fees of junior counsel in the High Court of Justiciary)—
(a)
(a) after paragraph 1A(e), insert—
“(f) drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act |
£125.00”; |
(b)
(b) in paragraph 1B(a)—
(i) for “managed meeting” substitute “all managed meetings”; and
(ii) for “the Crown” insert “Crown counsel or the Procurator Fiscal”; and
(c)
(c) in paragraph 1B(b), for “under section 72(9) of the 1995 Act” substitute “which involves substantive debate or the resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act”.
(3) In Part 1 of the Table of Fees, in Chapter 2 (fees of senior counsel in the High Court of Justiciary)—
(a)
(a) after paragraph 1A(e), insert—
“(f) drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act |
£125.00”; |
(b)
(b) in paragraph 1B(a)—
(i) for “managed meeting” substitute “all managed meetings”; and
(ii) for “the Crown” insert “Crown counsel or the Procurator Fiscal”; and
(c)
(c) in paragraph 1B(b), for “under section 72(9) of the 1995 Act” substitute “which involves substantive debate or the resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act”.
(4) In Part 3 of the Table of Fees, in Chapter 1 (fees of junior counsel in the sheriff and district court), after paragraph 1A(e) insert—
“(f) drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act |
£125.00”; |
(5) In Part 3 of the Table of Fees, in Chapter 2 (fees of senior counsel in the sheriff and district court), after paragraph 1A(e) insert—
“(f) drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act |
£125.00”; |
Preparation
7.—(1) In paragraph 13—
(a)
(a) in sub-paragraph (a), for “or as the case may be junior and senior” substitute “junior and senior or junior and junior”;
(b)
(b) omit “and” at the end of sub-paragraph (b); and
(c)
(c) after sub-paragraph (c) insert—
“; and
(d)
(d) such a fee is not payable until the case to which it relates has concluded.”.
(2) In paragraph 14—
(a)
(a) in sub-paragraph (a)—
(i) after “trial” insert “or for a hearing where a fee is payable at the full rate for a trial under paragraphs 4(q) to (t) of Chapters 1 and 2 of Part 1 or paragraphs 3(p) to (t) of Chapters 1 and 2 of Part 3 of the Table of Fees”; and
(ii) omit “or (e)”; and
(b)
(b) in sub-paragraph (b),
(i) after “accepted” insert “ or where a case is deserted simpliciter or deserted and the Crown does not intend to re-raise proceedings”; and
(ii) omit “or (e)”.
(3) In paragraph 15—
(a)
(a) for “total number of sheets of documentation” substitute “total number of actual sheets of documentation considered by counsel”;
(b)
(b) after sub-paragraph (c)(iii) insert—
“(iv)
“(iv) 2.5 days are allowable for each additional 2,500 sheets;”
(c)
(c) for sub-paragraph (d) substitute—
“(d)
“(d) where the total number of sheets exceeds 7,500, 2.5 days are allowable for each additional 2,500 sheets;”
(d)
(d) omit sub-paragraph (e);
(e)
(e) in sub-paragraph (f)(i), omit “or the proportion of the fee allowable under sub‑paragraph (e) which is attributable to over 7,500...
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