Explanatory note

These Regulations amend Schedule 2 to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (“the 1989 Regulations”).

Regulation 2 provides for counsel to have the choice of whether to apply the amendments in these Regulations to the 1989 Regulations to fees they charge for work in relation to proceedings commenced between 2nd October 2006 and the coming into force date of these Regulations. This election must be for all work done after that date on a particular case.

Regulation 3 amends the 1989 Regulations for the period from 4th April 2005 to 2nd October 2006 to provide that where an additional fee is payable in exceptional cases involving extraordinary preparation the fee is to be calculated by reference to the main fee payable, rather than by reference to the minimum main fee payable.

Regulation 4(2), (4) and Schedules 1 and 2 amend fees of counsel in criminal appeals by:—

• substituting a new Part II in Schedule 2 to the 1989 Regulations which, in particular, introduces ranges of fees for certain hearings and written work;

• amending and substituting parts of the “Notes on the operation of Schedule 2” to reflect the changes in the new Part II and, in particular, setting out the circumstances in which a higher fee within a range of fees shall be payable and when an additional fee may be claimed; and

• making certain other minor amendments.

Regulation 4(3) amend fees of counsel in the High Court of Justiciary by:—

• inserting a new category of fee for hearings in which witnesses are called to give evidence following the adjournment or continuation of the preliminary hearing;

• uprating fees for certain confiscation diets.

Regulation 4(5) amends a fee for counsel for a particular confiscation diet in the sheriff or district court.