Regulation 6 Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

In Schedule 1 (fees of solicitors), in Part 2 of the Table of Fees (inclusive fees)—

(a)

in paragraph 4(b), omit “or diet of deferred sentence”;

(b)

after paragraph 4 insert—

“

4A. The fee for preparation for— £38.00 £38.00 £38.00
(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.

”;

(c)

in paragraph 5—

(i)

for “and advice” substitute “, advice and representation”;

(ii)

in columns A and B, for “£152.00” where it occurs both times substitute “£177.00”; and

(iii)

in column C, for “£76.00” substitute “£101.00”; and

(d)

in paragraph 6—

(i)

after “hearing” insert “or a first diet”;

(ii)

in sub-paragraph (a) omit “or compatibility”; and

(iii)

after sub-paragraph (a) insert—

“(ab)
a compatibility issue in terms of section 288ZA of the 1995 Act^f1;”.

Annotations

Footnotes

f1: Section 288ZA was inserted by section 34 of the Scotland Act 2012 (c.11).

4A. The fee for preparation for—		£38.00	£38.00	£38.00
(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.