Schedule PROVISIONS SUBSTITUTED FOR THE TABLE SET OUT IN PART 1 OF SCHEDULE 1 OF THE CRIMINAL LEGAL AID (FIXED PAYMENTS) (SCOTLAND) REGULATIONS 1999

“SCHEDULE

Regulation 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 (2) below applies; and

(iii)

the first 30 minutes of conducting any trial

together with any subsequent or additional work other than that specified in paragraphs 2 – 12 below.

£300 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £275) £500 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £475) £550 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £525)
2.

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
3.

Conducting a trial or proof in mitigation for the first day (after the first 30 minutes).

£50 £100 £100
4.

Conducting a trial or proof in mitigation for the second day.

£50 £200 £200
5.

Conducting a trial or proof in mitigation for the third and subsequent days (per day).

£100 £400 £400
6.

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 –
7.

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 –
8.

Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day).

– £200 –
9.

Representation in court at a diet of deferred sentence.

£25 £50 £50
10.

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
11.

All work done by virtue of section 24(7)of the Act until determination of the application for legal aid.

£25 £25 £25
12.

All work done in connection with a bail appeal under section 32 of the 1995 Act.

£50 £50 £50

”

	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 (2) below applies; and (iii) the first 30 minutes of conducting any trial together with any subsequent or additional work other than that specified in paragraphs 2 – 12 below.	£300 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £275)	£500 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £475)	£550 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £525)
2. 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
3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes).	£50	£100	£100
4. Conducting a trial or proof in mitigation for the second day.	£50	£200	£200
5. Conducting a trial or proof in mitigation for the third and subsequent days (per day).	£100	£400	£400
6. 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	–
7. 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	–
8. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day).	–	£200	–
9. Representation in court at a diet of deferred sentence.	£25	£50	£50
10. 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
11. All work done by virtue of section 24(7)of the Act until determination of the application for legal aid.	£25	£25	£25
12. All work done in connection with a bail appeal under section 32 of the 1995 Act.	£50	£50	£50