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The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2023
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PART 2INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS
| Column A | Column B | Column C | |||
|---|---|---|---|---|---|
| 1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where— | |||||
| (a) | at the first examination the client is either— | ||||
| (i) | not committed for further examination, or | £178.31 | £156.03 | £66.88 | |
| (ii) | committed for further examination and admitted to bail | ||||
| (b) | at the first examination the client is committed for further examination and not admitted to bail | £267.47 | £245.19 | £156.03 | |
| 2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | £66.88 | £66.88 | £66.88 | ||
| 3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case | £512.64 | £356.62 | £178.31 | ||
| 4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of– | |||||
| (a) | the first day of trial | £468.06 | £334.34 | £178.31 | |
| (b) | a subsequent day of trial | £178.31 | £133.75 | £44.59 | |
| 4A. The fee for preparation for | £44.59 | £44.59 | £44.59 | ||
| (a) | a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty), | ||||
| (b) | a hearing on a plea in bar of trial, | ||||
| (c) | a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation. | ||||
| 5. The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal | £207.65 | £207.65 | £118.50 | ||
| 6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:– | £178.31 | £178.31 | £178.31 | ||
| (a) | a devolution issue, in terms of Schedule 6 to the Scotland Act 1998, | ||||
| (ab) | a compatibility issue in terms of section 288ZA (1) of the 1995 Act, | ||||
| (b) | a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act, | ||||
| (c) | a specification of documents, | ||||
| (d) | a precognition on oath, | ||||
| (e) | an evidence on commission, | ||||
| (f) | an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act, | ||||
| (g) | a proof in mitigation, and | ||||
| (h) | an examination of facts. | ||||
(1)
Section 288ZA was inserted by section 34(3) of the Scotland Act 2012 (c. 11).
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