Regulation 13 Fee for one counsel only

In paragraph 3(e) of the notes on the operation of Schedule 2, for “sub-paragraph (ea)” substitute “sub-paragraphs (ea) and (eb)”.

After paragraph 3(ea) of those notes insert—

“(eb)

a fee, under Part 1 or 3 of the Table of Fees, is to be allowed to one counsel only in respect of—

(i)

a diet of deferred sentence, except where there is in contemplation the imposition of any of the following—

(a)

a mandatory or discretionary life sentence;

(b)

an order for lifelong restriction;

(c)

any disposal under Part 6 of the 1995 Act (mental disorder),

or where there is a hearing of evidence in mitigation; and

(ii)

a continued preliminary hearing, except where designated as a hearing at which any of the following matters is intended to be heard—

(a)

a preliminary minute;

(b)

a preliminary issue;

(c)

a devolution minute;

(d)

an application under section 275 of the 1995 Act;

(e)

a petition to recover documents under a specification of documents where the petition is opposed or likely to involve substantive legal argument,

or an evidential hearing or any other hearing involving substantive legal argument;”.