{
  "url": "https://openlegislation.uk/legal-aid-and-advice-and-assistance-miscellaneous-amendment-scotland-regulations-2021/schedule-9/chapter-2",
  "json_url": "https://openlegislation.uk/legal-aid-and-advice-and-assistance-miscellaneous-amendment-scotland-regulations-2021/schedule-9/chapter-2.json",
  "legislation": "ssi/2021/56",
  "legislation_title": "The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021",
  "legislation_url": "https://openlegislation.uk/legal-aid-and-advice-and-assistance-miscellaneous-amendment-scotland-regulations-2021",
  "path": "schedule/9/chapter/2",
  "kind": "chapter",
  "number": "2",
  "heading": "SENIOR COUNSEL",
  "text": "1A.\nWritten work\n(a)\nPetition to Nobile Officium\n£243.34\n(b)\nDrafting devolution or compatibility minute\n£162.23\n(c)\nDrafting section 275 application under the 1995 Act\n£162.23\n(d)\nDrafting specification of documents\n£135.19\n(e)\nDrafting interrogatories\n£135.19\n(f)\nDrafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act\n£135.19\n1B\nPreliminary hearing\n(a)\nPreliminary 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\nPayable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.\n(aa)\npreliminary hearing, adjourned or continued in which witnesses called to give evidence\nPayable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.\n(b)\nfurther 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\nPayable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.\n(c)\nadjourned diet under section 75A of the 1995 Act, or continued diet\nPayable at one-half of the full rate for a trial (paragraph 3 below).\n(d)\nattendance 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\nPayable at one-half of the fee prescribed at paragraph 1B(a) above\n(e)\nconduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown\nPayable at one-half of the fee prescribed at paragraph 1B(a) above.\n2.\nEarly Plea\nHearing under section 76 of the 1995 Act\n£1,351.88\n3.\nTrial (per day)\nCategory Charges Prosecuted in the High Court\n(a)\nMurder, 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, Offences under the 2000 Act, 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\n£973.35\n(b)\nAttempted 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\n£757.05\n(c)\nPossession 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\n£605.64\n4.\nMiscellaneous Hearings\n(a)\nfee for a day in court for miscellaneous hearings other than those for which a fee is prescribed\n£443.42\n(aa)\njudicial examination\n£443.42\n(b)\npreliminary diet\n£443.42\n(c)\nhearing under section 275 of the 1995 Act\n£443.42\n(d)\nhearing on specification of documents\n£443.42\n(e)\nhearing on a devolution or compatibility minute\n£443.42\n(f)\nhearing on an application by the Crown for an extension of time\n£443.42\n(g)\nhearing under section 72 of the 1995 Act\n£221.71\n(h)\nhearing on a motion to adjourn\n£221.71\n(i)\nhearing on an application for special measures\n£221.71\n(j)\nconfiscation 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—\n(i)\nparagraph 3(a)\n£973.35\n(ii)\nparagraph 3(b)\n£757.05\n(iii)\nparagraph 3(c)\n£605.64\n(k)\nconfiscation diet where no substantial evidence is led\n£443.42\n(l)\ndeferred sentence where mitigation is led\n£443.42\n(m)\ndeferred sentence where no mitigation is led\n£221.71\n(n)\nremit for sentence\n£443.42\n(na)\ndrug treatment and testing order review\n£221.71\n(nb)\ndrug treatment and testing order review where mitigation led and order revoked\n£443.42\n(o)\nadjourned trial diet\n£221.71\n(p)\nadjourned trial diet (trial having commenced)\n£443.42\n(pa)\ntrial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet\n£443.42\n(q)\ntrial within a trial\nPayable at the full rate for a trial (paragraph 3 above) depending on category of case.\n(qa)\ncommission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced\nPayable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.\n(r)\nexamination of the facts in a case of insanity or diminished responsibility\nPayable at the full rate for a trial (paragraph 3 above) depending on category of case.\n(s)\nproof in mitigation\nPayable at the full rate for a trial (paragraph 3 above) depending on category of case.\n(t)\ndeferred sentence in which evidence is taken from an expert witness\nPayable at the full rate for a trial (paragraph 3 above) depending on category of case.\n5.\nFee for consultations, accused and counsel meetings and locus visits\n£270.38\n5A.\nFee for abortive consultation\n£135.19\n6.\nFee for a necessary Note\n£54.08\n7.\nTravel\nSupplementary 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\n£108.15\nSupplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland\n£216.30\n8.\nAccommodation and associated subsistence\nPayment of necessary accommodation and associated subsistence per day\n£108.15",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 75A was inserted by section 15 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1883 c.3."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2002 c. 29. Section 339(1A) substituted by section 105(5) of the Serious Organised Crime and Police Act 2005 (c.15)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 2B was inserted by section 20(1) of the Road Safety Act 2006 (c.49)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 3ZB was inserted by inserted by section 21(1) of the Road Safety Act 2006 (c.49), and relevantly amended by section 95(1) of the Criminal Justice and Courts Act 2015 (c.2)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2003 c.42."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2021/56/schedule/9/chapter/2",
    "retrieved_at": "2026-10-28T20:57:36.027191+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}