# The Criminal Legal Aid (Scotland) (Fees) Regulations 1989, Schedule 2: FEES OF COUNSEL

Extent: S

PART 1
FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY
CHAPTER 1
JUNIOR COUNSEL
1A.
Written Work
. . .
. . .
. . .
(b)
Drafting devolution or compatibility minute
£170.35
(c)
Drafting section 275 application under the 1995 Act
£170.35
(d)
Drafting specification of documents
£141.95
(e)
Drafting interrogatories
£141.95
(f)
Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act
£141.95
(g)
Drafting written questions in respect of the first vulnerable witness or child witness
Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(h)
Drafting written questions in respect of the second, and each subsequent, vulnerable or child witness
Payable at half rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(i)
Opinion on sentence
£85.18
(j)
Opinion in an appeal by way of Bill of Suspension or Stated Case
£141.95
(k)
Opinion in any other case
£227.12–£397.46
(l)
Drafting written submissions where ordered by the court
£350.00
1B.
Preliminary Hearing
(a)
Preliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence.
Payable at either— (i) one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel, or
(ii) in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(aa)
Preliminary hearing, adjourned or continued in which witnesses called to give evidence.
Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
Junior as leader
Junior alone
Junior with leader
(b)
Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.
£431.52
£374.75
£255.51
(c)
Adjourned diet under section 75A of the 1995 Act, or continued diet.
£431.52
£374.75
£255.51
(d)
Attendance at a managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing.
Payable at one-half of the fee prescribed at paragraph 1B(a) above.
(e)
Conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.
Payable at one-half of the fee prescribed at paragraph 1B(a) above.
Junior as leader
Junior alone
Junior with leader
2.
Early Plea
Hearing under section 76 of the 1995 Act.
£1,419.48
£1,419.48
£709.74
3.
Trial per day
Category Charges Prosecuted in the High Court.
(a)
Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, . . . Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, Section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act , Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015
£851.69
£738.13
£511.02
(b)
Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees , Offences under section 28 of the 2010 Act, Reckless and culpable conduct..
£701.24
£607.55
£425.85
(c)
Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace , Stalking, Offences under the Psychoactive Substances Act 2016.
£562.12
£488.31
£346.36
4.
Miscellaneous Hearings
(a)
fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed
£408.81
£357.72
£255.51
(aa)
judicial examination
£408.81
£357.72
£255.51
(b)
preliminary diet
£408.81
£357.72
£255.51
(c)
hearing under section 275 of the 1995 Act
£408.81
£357.72
£255.51
(d)
hearing on specification of documents
£408.81
£357.72
£255.51
(e)
hearing on a devolution or compatibility minute
£408.81
£357.72
£255.51
(f)
hearing on an application by the Crown for an extension of time
£408.81
£357.72
£255.51
(g)
hearing under section 72 of the 1995 Act
£204.41
£178.87
£127.77
(h)
hearing on a motion to adjourn
£204.41
£178.87
£127.77
(i)
hearing on an application for special measures
£204.41
£178.87
£127.77
(j)
confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in—
(i)
paragraph 3(a)
£851.69
£738.13
£511.02
(ii)
paragraph 3(b)
£701.24
£607.55
£425.85
(iii)
paragraph 3(c)
£562.12
£488.31
£346.36
(k)
confiscation diet where no substantial evidence is led
£408.81
£357.72
£255.51
(l)
deferred sentence where mitigation is led
£408.81
£357.72
£255.51
(m)
deferred sentence where no mitigation is led
£204.41
£178.87
£127.77
(n)
remit for sentence
£408.81
£357.72
£255.51
(na)
drug treatment and testing order review
£204.41
£178.87
£127.77
(nb)
drug treatment and testing order review where mitigation led and order revoked
£408.81
£357.72
£255.51
(o)
adjourned trial diet
£204.41
£178.87
£127.77
(p)
adjourned trial diet (trial having commenced)
£408.81
£357.72
£255.51
(pa)
trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet
£408.81
£357.72
£255.51
(q)
trial within a trial
Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(qa)
commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced
Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(r)
examination of the facts in a case of insanity or diminished responsibility
Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(s)
proof in mitigation
Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(t)
deferred sentence in which evidence is taken from an expert witness
Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(u)
diet of debate
Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
5.
Fee for consultations, accused and counsel meetings and locus visits , or where counsel require to view joint investigative interviews
£238.48
£208.95
£153.32
5A.
Fee for abortive consultation
£119.24
£104.48
£76.67
6.
Fee for a necessary Note
£56.79
£56.79
£56.79
7.
Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions
£113.56
£113.56
£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland
£227.12
£227.12
£227.12
8.
Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day
£125.14
£125.14
£125.14
CHAPTER 2
SENIOR COUNSEL
1A.
Written work
. . .
. . .
. . .
(b)
Drafting devolution or compatibility minute
£170.35
(c)
Drafting section 275 application under the 1995 Act
£170.35
(d)
Drafting specification of documents
£141.95
(e)
Drafting interrogatories
£141.95
(f)
Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act
£141.95
(g)
Drafting written questions in respect of the first vulnerable witness or child witness
Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(h)
Drafting written questions in respect of the second, and each subsequent, vulnerable or child witness
Payable at half rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(i)
Opinion on sentence
£129.47
(j)
Opinion in an appeal by way of Bill of Suspension or Stated Case
£212.93
(k)
Opinion in any other case
£397.46–£794.91
(l)
Drafting written submissions where ordered by the court
£500.00
1B
Preliminary hearing
(a)
Preliminary hearing including all managed meetings or equivalent with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence
Payable at either— (i) one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel, or
(ii) in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(aa)
preliminary hearing, adjourned or continued in which witnesses called to give evidence
Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(b)
further diet which involves substantive debate or the resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act
£511.02
(c)
adjourned diet under section 75A of the 1995 Act, or continued diet
£511.02
(d)
attendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing
Payable at one-half of the fee prescribed at paragraph 1B(a) above
(e)
conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown
Payable at one-half of the fee prescribed at paragraph 1B(a) above.
2.
Early Plea
Hearing under section 76 of the 1995 Act
£1,419.48
3.
Trial (per day)
Category Charges Prosecuted in the High Court
(a)
Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, . . . Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act , Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015
£1,022.02
(b)
Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees , Offences under section 28 of the 2010 Act, Reckless and culpable conduct
£794.91
(c)
Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Shameless indecency, Offences under the Sexual Offences Act 2003, Forgery, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace , Stalking, Offences under the Psychoactive Substances Act 2016
£635.93
4.
Miscellaneous Hearings
(a)
fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed
£465.60
(aa)
judicial examination
£465.60
(b)
preliminary diet
£465.60
(c)
hearing under section 275 of the 1995 Act
£465.60
(d)
hearing on specification of documents
£465.60
(e)
hearing on a devolution or compatibility minute
£465.60
(f)
hearing on an application by the Crown for an extension of time
£465.60
(g)
hearing under section 72 of the 1995 Act
£232.80
(h)
hearing on a motion to adjourn
£232.80
(i)
hearing on an application for special measures
£232.80
(j)
confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in—
(i)
paragraph 3(a)
£1,022.02
(ii)
paragraph 3(b)
£794.91
(iii)
paragraph 3(c)
£635.93
(k)
confiscation diet where no substantial evidence is led
£465.60
(l)
deferred sentence where mitigation is led
£465.60
(m)
deferred sentence where no mitigation is led
£232.80
(n)
remit for sentence
£465.60
(na)
drug treatment and testing order review
£232.80
(nb)
drug treatment and testing order review where mitigation led and order revoked
£465.60
(o)
adjourned trial diet
£232.80
(p)
adjourned trial diet (trial having commenced)
£465.60
(pa)
trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet
£465.60
(q)
trial within a trial
Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
(qa)
commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced
Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(r)
examination of the facts in a case of insanity or diminished responsibility
Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
(s)
proof in mitigation
Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
(t)
deferred sentence in which evidence is taken from an expert witness
Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
(u)
diet of debate
Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
5.
Fee for consultations, accused and counsel meetings and locus visits , or where counsel require to view joint investigative interviews
£283.90
5A.
Fee for abortive consultation
£141.95
6.
Fee for a necessary Note
£56.79
7.
Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions
£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland
£227.12
8.
Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day
£125.14
PART 2
FEES OF COUNSEL IN APPEAL PROCEEDINGS
CHAPTER 1
JUNIOR COUNSEL
Junior as Leader
Junior Alone
Junior with Leader
1. Appeal against Sentence
(a)
drafting Grounds or Note of Appeal against sentence
£93.13
£93.13
£93.13
(b)
written Submissions in Appeal against Sentence
£141.95
£113.56
£85.18
(c)
any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal
£228.26
£170.35
£127.19
(d)
any hearing on appeal against sentence, including any consultation on the day of the appeal
£228.26
£170.35
£127.19
(e)
opinion (or note) on appeal against sentence (where not otherwise prescribed)
£85.18
£85.18
£85.18
2.
Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case
(a)
drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case
£96.53–£302.07
£93.13–£227.12
£85.18–£170.35
(b)
appearance at any hearing on Stated Case, Bill of Suspension or Advocation
£380.43
£283.90
£212.37
(c)
opinion
£141.95
£141.95
£141.95
(d)
drafting written submissions where ordered by the court
£96.53– £302.07
£93.13–£227.12
£85.18–£170.35
3.
Appeal against Conviction or Conviction and Sentence
(a)
drafting Grounds of Appeal against conviction or conviction and sentence
£283.90–£476.95
£227.12–£397.46
£158.99–£340.68
(b)
written Submissions in Appeal against conviction or conviction and sentence
£283.90–£476.96
£227.12–£397.46
£158.99–£340.68
(d)
Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply)
£794.91–£1,236.65
£567.79–£936.86
£454.23–£709.74
(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
£448.56
£397.46
£283.90
(ii)
Where the hearing lasts more than 3 hours, but fewer than 6 hours
£530.33–£824.43
£379.30–£624.58
£303.21–£473.54
(iii)
Where the hearing last 6 hours or more
(aa)
for each 6 hour period
£794.91–£1,236.65
£567.79–£936.86
£454.23–£709.74
(ab)
for any remaining period of fewer than 3 hours
£448.56
£397.46
£283.90
(ac)
for any remaining period of more than 3 hours
£530.33–£824.43
£379.30–£624.58
£303.21–£473.54
(e)
opinion
£283.90–£454.23
£227.12–£397.46
£158.99–£340.68
4.
Appeal Hearing before a Full Bench (5 or more Judges)
£1,476.25
£1,135.58
£851.69
(a)
all work in connection with an appeal hearing before a Full Bench except under (b) below
£1,476.25
£1,135.58
£851.69
(b)
drafting written submissions where ordered by the court
£283.90–£476.96
£227.12–£397.46
£158.99–£340.68
5.
Appeals in relation to Bail or Interim Liberation
(a)
all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below
£34.08
£34.08
£34.08
(ab)
all work in connection with a continued diet in relation to such an appeal
£34.08
£34.08
£34.08
(b)
all work in connection with an application for interim liberation before 3 judges
£158.99
£113.56
£85.18
6.
Appeals Conduct Other
(a)
hearing on petition to the Nobile Officium
£794.91–£1,236.65
£567.79–£936.86
£454.23–£709.74
(b)
reference to the High Court (devolution issue)
£794.91–£1,236.65
£567.79–£936.86
£454.23–£709.74
(c)
Appeal arising from pre-trial or continuing trial hearing
£794.91–£1,236.65
£567.79–£936.86
£454.23–£709.74
(ca)
Appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act
£794.91–£1,236.65
£567.79–£936.86
£454.23–£709.74
(cb)
referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act
£794.91–£1,236.65
£567.79–£936.86
£454.23–£709.74
(d)
opinion
£283.90–£454.23
£227.12–£397.46
£158.99–£340.68
(e)
drafting written submissions where ordered by the court
£283.90–£476.96
£227.12–£397.46
£158.99–£340.68
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
£408.81
£357.72
£255.51
(b)
does not apply
£170.35
£170.35
£170.35
7.
Appeals Written Work Other
(a)
drafting Devolution or compatibility Minute
£170.35
£170.35
£170.35
(b)
drafting Petition to the Nobile Officium
£255.51
£255.51
£255.51
(c)
opinion in connection with an application under section 94(2A) of the 1995 Act (transcripts of record and documentary productions)
£56.79
£56.79
£56.79
8.
Consultations
£238.48
£208.95
£153.32
9.
Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions
£113.56
£113.56
£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland
£227.12
£227.12
£227.12
10.
Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day
£125.14
£125.14
£125.14
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
£283.90–£908.46
£227.12–£794.91
£158.99–£681.35
CHAPTER 2 – SENIOR COUNSEL
Senior
1.
Appeal against Sentence
(a)
drafting Grounds or Note of Appeal against sentence
£140.82
(b)
written Submissions in Appeal against Sentence
£172.61
(c)
any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal
£258.92
(d)
any hearing on appeal against sentence, including any consultation on the day of the appeal
£258.92
(e)
opinion (or note) on appeal against sentence (where not otherwise prescribed)
£129.47
2.
Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case
(a)
drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case
£140.82–£340.68
(b)
appearance at any hearing on Stated Case, Bill of Suspension or Advocation
£446.29
(c)
opinion
£212.93
(d)
drafting written submissions where ordered by the court
£140.82–£340.68
3.
Appeal against Conviction or Conviction and Sentence
(a)
drafting Grounds of Appeal against conviction or conviction and sentence
£283.90–£574.61
(b)
written Submissions in Appeal against conviction or conviction and sentence
£283.90–£574.61
(d)
Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply)
£1,022.02–£1,419.48
(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
£511.02
(ii)
Where the hearing lasts more than 3 hours, but fewer than 6 hours
£681.35–£947.08
(iii)
Where the hearing last 6 hours or more—
(aa)
for each 6 hour period
£1,022.02–£1,419.48
(ab)
for any remaining period of fewer than 3 hours
£511.02
(ac)
for any remaining period of more than 3 hours
£681.35–£947.08
(e)
opinion
£397.46–£794.91
4.
Appeal Hearing before a Full Bench (5 or more Judges)
£1,703.37
(a)
all work in connection with an appeal hearing before a Full Bench except under (b) below
£1,703.37
(b)
drafting written submissions where ordered by the court
£283.90–£574.61
5.
Appeals in relation to Bail or Interim Liberation
(a)
all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below
£56.79
(ab)
all work in connection with a continued diet in relation to such an appeal
£56.79
(b)
all work in connection with an application for interim liberation before 3 judges
£170.35
6.
Appeals Conduct Other
(a)
hearing on petition to the Nobile Officium
£1,022.02–£1,419.48
(b)
reference to the High Court (devolution issue)
£1,022.02–£1,419.48
(c)
appeal arising from pre-trial or continuing trial hearing
£1,022.02–£1,419.48
(ca)
Appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act
£1,022.02–£1,419.48
(cb)
referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act
£1,022.02–£1,419.48
(d)
opinion
£397.46–£794.91
(e)
drafting written submissions where ordered by the court
£283.90–£574.61
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
£465.60
(b )
does not apply
£170.35
7.
Appeals Written Work Other
(a)
drafting Devolution or compatibility Minute
£170.35
(b)
drafting Petition to the Nobile Officium
£255.51
(c)
opinion in connection with an application under section 94(2A) of the 1995 Act (transcripts of record and documentary productions)
£56.79
8.
Consultations
£283.90
9.
Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions
£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland
£227.12
10.
Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day
£125.14
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
£397.46–£1,589.81
PART 3
FEES OF COUNSEL FOR PROCEEDINGS IN THE SHERIFF AND JUSTICE OF THE PEACE COURT
CHAPTER 1
JUNIOR COUNSEL
1A.
Written work
. . .
. . .
. . .
(b)
drafting devolution or compatibility minute
£170.35
(c)
drafting section 275 application under the 1995 Act
£170.35
(d)
drafting specification of documents
£141.95
(e)
drafting interrogatories
£141.95
(f)
drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act
£141.95
(g)
Drafting written questions in respect of the first vulnerable witness or child witness
Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(h)
Drafting written questions in respect of the second, and each subsequent, vulnerable or child witness
Payable at half rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(i)
Opinion on sentence
£85.18
(j)
Opinion in an appeal by way of Bill of Suspension or Stated Case
£141.95
(k)
Opinion in any other case
£227.12–£397.46
(l)
Drafting written submissions where ordered by the court
£280.00
1AA.
First Diet – Fees for all work in relation to a first diet in any case where the indictment is served on or after 25 September 2023
(a)
First diet including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence
Payable at either—
(i) one and a half times the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel, or
(ii) in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(b)
First diet, adjourned or continued in which witnesses called to give evidence
Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
Junior as leader
Junior alone
Junior with leader
(c)
Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act
£345.22
£299.80
£204.41
(d)
Adjourned diet under section 75A of the 1995 Act, or continued diet
£345.22
£299.80
£204.41
(e)
Attendance at all managed meetings or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend the first diet.
Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
(f)
Conduct of first diet on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.
Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above..
1B.
Early Plea
Junior as leader
Junior alone
Junior with leader
Hearing under section 76 of the 1995 Act
£1,419.48
£1,419.48
£709.74
2.
Trial (per day)
Category Charges Prosecuted in the Sheriff Court
(a)
Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, . . . Torture, War crimes, Rape, Multiple attempted murder, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act , Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015
£735.30
£652.97
£408.81
(b)
Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace , Offences under section 28 of the 2010 Act, Reckless and culpable conduct, Stalking, Offences under the Psychoactive Substances Act 2016
£562.12
£488.31
£346.36
3.
Miscellaneous Hearings
(a)
fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed
£327.06
£286.17
£204.41
(aa)
judicial examination
£327.06
£286.17
£204.41
(b)
preliminary diet
£327.06
£286.17
£204.41
(c)
hearing under section 275 of the 1995 Act
£327.06
£286.17
£204.41
(d)
hearing on specification of documents
£327.06
£286.17
£204.41
(e)
hearing on a devolution or compatibility minute
£327.06
£286.17
£204.41
(f)
hearing on an application by the Crown for an extension of time
£327.06
£286.17
£204.41
. . .
. . .
(h)
hearing on a Motion to adjourn
£163.53
£143.09
£102.21
(i)
hearing on an application for special measures
£163.53
£143.09
£102.21
(j)
confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in
(i)
paragraph 2(a)
£735.30
£652.97
£408.81
(ii)
paragraph 2(b)
£562.12
£488.31
£346.36
(k)
confiscation diet where no substantial evidence is led
£327.06
£286.17
£204.41
(l)
deferred sentence where mitigation is led
£327.06
£286.17
£204.41
(m)
deferred sentence where no mitigation is led
£163.53
£143.09
£102.21
(ma)
drug treatment and testing order review
£163.53
£143.09
£102.21
(mb)
drug treatment and testing order review where mitigation is led and order revoked
£327.06
£286.17
£204.41
(n)
adjourned trial diet
£163.53
£143.09
£102.21
(o)
adjourned trial diet (trial having commenced)
£327.06
£286.17
£204.41
(oa)
trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet
£327.06
£286.17
£204.41
(p)
trial within a trial
Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(pa)
commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced
Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(q)
examination of the facts in a case of insanity or diminished responsibility
Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(r)
proof in mitigation
Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(s)
deferred sentence in which evidence is taken from an expert witness
Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(t)
first diet in a case where indictment served before 25 September 2023
Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(u)
diet of debate
Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel.
4.
Fee for consultations, accused and counsel meetings and locus visits , or where counsel require to view joint investigative interviews
£202.14
£174.89
£122.66
4A.
Fee for abortive consultation
£101.08
£87.45
£61.34
5.
Fee for a necessary Note
£56.79
£56.79
£56.79
6.
Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions
£113.56
£113.56
£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland
£227.12
£227.12
£227.12
7.
Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day
£125.14
£125.14
£125.14
CHAPTER II
SENIOR COUNSEL
1A.
Written work
. . .
. . .
. . .
(b)
Drafting devolution or compatibility minute
£170.35
(c)
Drafting section 275 application under the 1995 Act
£170.35
(d)
Drafting specification of documents
£141.95
(e)
Drafting interrogatories
£141.95
(f)
Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act
£141.95
(g)
Drafting written questions in respect of the first vulnerable witness or child witness
Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(h)
Drafting written questions in respect of the second, and each subsequent, vulnerable or child witness
Payable at half rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(i)
Opinion on sentence
£129.47
(j)
Opinion in an appeal by way of Bill of Suspension or Stated Case
£212.93
(k)
Opinion in any other case
£397.46–£794.91
(l)
Drafting written submissions where ordered by the court
£400.00
1AA.
First Diet – Fees for all work in relation to a first diet in any case where the indictment is served on or after 25 September 2023
(a)
First diet including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence
Payable at either—
(i) one and a half times the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel, or
(ii) in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(b)
First diet, adjourned or continued in which witnesses called to give evidence
Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(c)
Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.
£408.82
(d)
Adjourned diet under section 75A of the 1995 Act, or continued diet.
£408.82
(e)
Attendance at all managed meetings or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend the first diet.
Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
(f)
Conduct of first diet on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.
Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
1B.
Early Plea
Hearing under section 76 of the 1995 Act
£1,419.48
2.
Trial (per day)
Category Charges prosecuted in the Sheriff Court
(a)
Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, . . . Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act , Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015
£817.62
(b)
Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace , Offences under section 28 of the 2010 Act, Reckless and culpable conduct, Stalking, Offences under the Psychoactive Substances Act 2016
£635.93
3.
Miscellaneous Hearings
(a)
fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed
£372.48
(aa)
judicial examination
£372.48
(b)
preliminary diet
£372.48
(c)
hearing under section 275 of the 1995 Act
£372.48
(d)
hearing on specification of documents
£372.48
(e)
hearing on a devolution or compatibility minute
£372.48
(f)
hearing on an application by the Crown for an extension of time
£372.48
. . .
. . .
. . .
(h)
hearing on a motion to adjourn
£186.24
(i)
hearing on an application for special measures
£186.24
(j)
confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in—
(i)
paragraph 2(a)
£817.62
(ii)
paragraph 2(b)
£635.93
(k)
confiscation diet where no substantial evidence is led
£372.48
(l)
deferred sentence where mitigation is led
£372.48
(m)
deferred sentence where no mitigation is led
£186.24
(ma)
drug treatment and testing order review
£186.24
(mb)
drug treatment and testing order review where mitigation is led and order revoked
£372.48
(n)
adjourned trial diet
£186.24
(o)
adjourned trial diet (trial having commenced)
£372.48
(oa)
trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet
£372.48
(p)
trial within a trial
Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(pa)
commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced
Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(q)
examination of the facts in a case of insanity or diminished responsibility
Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(r)
proof in mitigation
Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(s)
deferred sentence in which evidence is taken from an expert witness
Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(t)
first diet in a case where indictment served before 25 September 2023
Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(u)
diet of debate
Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel.
4.
Fee for consultations, accused and counsel meetings and locus visits , or where counsel require to view joint investigative interviews
£227.12
4A.
Fee for abortive consultation
£113.56
5.
Fee for necessary Note
£56.79
6.
Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions
£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland
£227.12
7.
Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day
£125.14

---
Source: https://www.legislation.gov.uk/uksi/1989/1491/schedule/2 (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-scotland-fees-regulations-1989/schedule-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.