Regulation 5 Amendment of the principal Regulations

for the definition of “junior counsel” substitute—

• ““junior counsel” or “junior” means counsel who is not senior counsel;”;

omit the definition of “right of audience”;

for the definition of “senior counsel” substitute—

• ““senior counsel” and “senior” are to be construed in accordance with paragraphs (1A) and (1B);”;

for the definition of “solicitor-advocate” substitute—

• ““solicitor advocate” means a solicitor who, in relation to the proceedings, has exercised a right of audience conferred by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980^f1;”; and

for paragraph (1A) substitute—

“(1A)

Subject to paragraph (1B), for the purposes of these Regulations, counsel is senior counsel if—

(a)

at the time of being employed in relation to the proceedings, the counsel had attained the rank and dignity of Queen’s Counsel; or

(b)

in the case of a solicitor advocate—

(i)

at the time of being employed in relation to the proceedings, the solicitor advocate was accredited by the Law Society to act as senior counsel for the purposes of these Regulations; and

(ii)

the work undertaken by the solicitor advocate was consistent with the nature of the work ordinarily undertaken by a senior counsel.

(1B)

No counsel is to be treated as senior counsel for the purposes of these Regulations unless—

(a)

the proceedings relate to a prosecution or conviction for murder; or

(b)

the Board has approved the employment of senior counsel under regulation 14 of the Criminal Legal Aid (Scotland) Regulations 1996^f2.”.

in each place it occurs, for “Part II” substitute “Part 2”;

in paragraph 3—

in paragraph 4, after “1(c)” insert “or (d)”;

after paragraph 4 insert—

“4A.

Where a hearing on a bill of advocation is set down for half a day or longer, counsel is to be paid (in addition to the fees payable under paragraph 2 of the applicable Chapter of Part 2 of the Tables of Fees) a fee for relative written work in the range specified in paragraph 3(b) of the applicable Chapter of Part 2 of the Table of Fees.”;

in paragraph 6, for “3(d),” substitute “3(d) or (da) or”;

in paragraph 8, for “or 6(d)” substitute “, 6(d) or 11”;

in paragraph 11B for “6” substitute “8”; and

after paragraph 11B, insert—

“11C.

(1)

This paragraph applies in relation to a hearing on appeal against conviction or conviction and sentence if rule 15.15A (requirement for case and argument) of the Act of Adjournal (Criminal Procedure Rules) 1996^f3 applies to all aspects of the appeal.

(2)

For the purposes of sub-paragraph (1), rule 15.15A is to be deemed to apply to an appeal if the court has ordered under rule 19.18A (presentation of summary conviction appeals in writing) of the Act of Adjournal (Criminal Procedure Rules) 1996^f4 that rules 15.15A and 15.15B of those Rules are to apply to the appeal as if it were an appeal to which those rules apply.

(3)

In respect of a hearing in the course of an appeal against conviction or against conviction and sentence to which this paragraph applies, a fee is to be paid under paragraph 3(da) of Chapter 1, or as the case may be Chapter 2, of Part 2 of the Table of Fees.

(4)

In respect of a hearing in the course of an appeal against conviction or against conviction and sentence to which this paragraph does not apply, a fee is to be paid under paragraph 3(d) of Chapter 1, or as the case may be Chapter 2, of Part 2 of the Table of Fees.

11D.

In Chapters 1 and 2 of Part 2 of the Table of Fees, the fees prescribed in paragraphs 1 to 6 do not apply to a hearing of the type described in paragraph 6A in each of those Chapters.

11E.

This paragraph applies to a hearing of the type described in paragraph 6A of Chapters 1 and 2 of Part 2 of the Table of Fees if the Board is satisfied that a fee in accordance with paragraph 6A(a) of the relevant Chapter is justified on the grounds that the hearing involved a debate, motion for re-trial or further procedure.

11F.

A fee is to be allowed to counsel for an opinion concluding that there is no stateable appeal case only if—

(a)

the counsel who prepared the opinion did not represent the assisted person at the trial; and

(b)

the Board, or as the case may be the auditor, is satisfied that it would not have been possible, or would not have been reasonable, in the circumstances for the counsel who represented the assisted person at the trial to have prepared the opinion.”.

in Chapters 1 and 2, in paragraph 3—

in Chapter 1, after paragraph 3(d) insert—

“

(da)	Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 applies)—
	(i)	where the hearing lasts fewer than 3 hours		£395	£350	£250
	(ii)	where the hearing lasts more than 3 hours, but fewer than 6 hours		£467 - £726	£334 - £550	£267 - £417
	(iii)	where the hearing lasts 6 hours or more—
		(aa)	for each 6 hour period	£700 - £1,089	£500 - £825	£400 - £625
		(ab)	for any remaining period of fewer than 3 hours	£395	£350	£250
		(ac)	for any remaining period of more than 3 hours	£467 - £726	£334 - £550	£267 - £417

”;

in Chapter 1, after paragraph 6 insert—

“

6A.		Advising hearing
Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of Schedule 2—
	(a)		applies	£360	£315	£225
	(b)		does not apply	£150	£150	£150

”;

in Chapter 1, after paragraph 7(b) insert—

“

(c)

opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995f6 (transcripts of record and documentary productions)

£50

£50

£50

”;

in Chapter 1, after paragraph 10 insert—

“

11.

Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case

£250 - £800

£200 - £700

£140 - £600

”;

in Chapter 2, after paragraph 3(d) insert—

“

(da)	Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of Schedule 2 applies)—
	(i)	where the hearing lasts fewer than 3 hours		£450
	(ii)	where the hearing lasts more than 3 hours, but fewer than 6 hours		£600 - £834
	(iii)	where the hearing lasts 6 hours or more—
		(aa)	for each 6 hour period	£900 - £1,250
		(ab)	for any remaining period of fewer than 3 hours	£450
		(ac)	for any remaining period of more than 3 hours	£600 - £834

”;

in Chapter 2, after paragraph 6 insert—

“

6A.		Advising hearing
Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of Schedule 2—
	(a)		applies	£410
	(b)		does not apply	£150

”;

in Chapter 2, after paragraph 7(b) insert—

“

(c)

opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions)

£50

”; and

in Chapter 2, after paragraph 10 insert—

“

11.

Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of Schedule 2, counsel concludes that there is no stateable case

£350 - £1,400

”.