Schedule 4 – Justice
Part 1 - Courts and tribunals: conduct of business by electronic means
Electronic signatures and transmission of documents
97.Paragraph 1(1) of schedule 4 makes provision that an electronic signature fulfils any requirement (however expressed and for whatever purpose) that a document mentioned in subparagraph (4), or a deletion or correction of it, be signed, initialled or signetted.
98.Paragraph 1(2) makes provision that any requirement (however expressed) that a document of a type mentioned in subparagraph (4) be given to a person, may be fulfilled by (a) transmitting it to the person electronically, or (b) transmitting it (electronically or otherwise) to a solicitor engaged to act on the person’s behalf in relation to the proceedings in question.
99.By virtue of paragraph 1(4), subparagraphs (1) and (2) apply to orders, warrants, sentences, citations, minutes or any other document produced by a court or tribunal, including any extracts of them. These subparagraphs also apply to any document which is required by law be given to a person in connection with any civil or criminal proceedings before a court or tribunal; which is to include documents required to initiate proceedings.
100.Paragraph 1(3) sets out certain requirements associated with the electronic transmission of documents, specifying that the transmission must be effected in a manner that the recipient has indicated (either specifically or generally) that they are willing to receive the document. The subparagraph further provides that in certain specified circumstances willingness is capable of being inferred.
101.Paragraph 1(3)(c) specifies that electronic transmission can be made by means of upload to and download from an electronic storage system.
102.Paragraph 1(5) confers a power on the Lord President or the Lord Justice General to direct that the effects of subparagraphs (1) and (2) do not apply to a specified type of document, either in relation to some or all proceedings (see subparagraph (6)). Paragraph 5(a) requires that any such direction be made public.
103.Paragraph 1(7) sets out the interpretation applicable to terms used in this paragraph.
Suspension of requirements for physical attendance
104.Paragraph 2(1) suspends any requirement, however expressed in statute or otherwise, that a person physically attend a court or tribunal, unless the court or tribunal directs the person to attend physically.
105.Subparagraph (2) provides that subsection (1) does not suspend any requirement to physically attend a court trial diet.
106.Subparagraph (3) provides that the court may disapply any requirement that a person physically attend a trial diet by directing that the person need not do so.
107.Subparagraph (4) provides that a court or tribunal may require the physical attendance of a person under subparagraph (1) only if allowing a person to attend by electronic means would prejudice the fairness of proceedings, or would otherwise be contrary to the interests of justice.
108.Subparagraph (5) provides that a court can direct a person to attend a trial diet by electronic means under subparagraph (3) only if attendance by electronic means would not prejudice the fairness of proceedings, or otherwise be contrary to the interests of justice.
109.Subparagraph (6) provides that a court or tribunal may issue or revoke a direction under subparagraph (1) or (3) on the motion of a party or of its own accord.
110.Subparagraph (7) provides that the court or tribunal must, in considering whether to issue or revoke a direction under subparagraph (1) or (3), give all parties to the proceedings an opportunity to make representations, and have regard to any guidance issued by the Lord President or the Lord Justice General. Paragraph 5(b) requires that any such guidance be made public.
111.Subparagraph (8) provides that references to physically attending a court or tribunal are to being in a particular place or the same place as another person for the purpose of any “proceedings” (defined in paragraph 6) before a court or tribunal or an office holder of a court or tribunal. The effect of this provision is that applications for warrants, which take place in a judge’s chambers, would be included in a reference to physically attending a court or tribunal.
Attendance by electronic means
112.Paragraph 3(1) provides that a person excused from a requirement to physically attend a court or tribunal must instead appear by electronic means in accordance with a direction issued by the court or tribunal.
113.Subparagraph (2) provides that where a person fails to attend by electronic means in accordance with such a direction, they are to be regarded as having failed to comply with the requirement to physically attend from which they were excused under paragraph 2.
114.Subparagraph (3) provides that a court or tribunal may vary or revoke a direction made under subparagraph (1).
115.Subparagraph (4) provides that a direction is to set out how a person is to appear by electronic means before the court, tribunal or office holder, and may include any other provision the court or tribunal considers appropriate.
116.Subparagraph (5) provides that a court or tribunal may issue a direction under subparagraph (1) on the motion of a party or of its own accord.
117.Subparagraph (6) provides that before issuing a direction under subparagraph (1) the court or tribunal must give all parties an opportunity to make representations, and have regard to any guidance issued by the Lord President or the Lord Justice General. Paragraph 5(b) requires that any such guidance be made public.
118.Subparagraph (7) provides that a direction under subparagraph (1) must ensure that a party to trial proceedings, which includes an accused person, uses electronic means that enables the party to both see and hear all of the other participants in a hearing, including any witness who is giving evidence. A direction to a witness who is giving evidence at a trial using electronic means must enable all of the other participants in the trial, which includes an accused person, to both see and hear the witness. Any direction by a court or tribunal which is not in relation to trial proceedings sets no specific requirements.
119.Subparagraph (8) provides that nothing in subparagraph (7) is to be taken to mean that a person is to be enabled to see or hear a witness in a way that measures taken in accordance with an order of the court or tribunal, such as special measures in relation to a vulnerable witness, would otherwise prevent.
Further provision about attendance by electronic means
120.Paragraph 4(1)(a) allows a court or tribunal to issue a general direction under paragraph 3(1) that applies to all proceedings of a specified type, provided that the only party to such proceedings is a public official. This allows a court, for example, to issue a direction as to how applications for search warrants should be made by the procurator fiscal. Subparagraph (1)(b) allows a court or tribunal to issue a further direction overriding a general direction issued under subparagraph (1)(a) in individual cases. The requirement to give parties the opportunity to make representations under paragraph 3(6)(a) does not apply in relation to a general direction issued by virtue of paragraph 4(1)(a).
Publication of directions and guidance
121.Paragraph 5 requires the publication of certain directions and guidance.
Interpretation of Part
122.Paragraph 6 provides definitions for words and terms used in the other paragraphs of Part 1 of schedule 4.
Part 2 - Fiscal fines
Fixed penalty: conditional offer by procurator fiscal
123.Paragraph 7 of schedule 4 increases the maximum available fixed penalty that may be offered by the procurator fiscal under section 302 of the Criminal Procedure (Scotland) Act 1995 from £300 to £500.
124.Paragraph 7(4) makes consequential modification to the Criminal Procedure (Scotland) Act 1995 Fixed Penalty Order 2008 (S.S.I. 2008/108) by substituting the scale of fixed penalties with a new scale in order to reflect the increased maximum penalty.
Part 3 - Cases beginning with an appearance from custody
Ability to take case in any sheriff court
125.Paragraph 8(1) of schedule 4 makes provision for first appearances from police custody and the continuation of those proceedings to be heard in any sheriff court by a sheriff of any sheriffdom and sets out the limits of that jurisdiction.
126.Paragraph 8(1)(a) and (b) provides where an accused appears in court for the first time from police custody, that first calling of criminal proceedings may be taken in any sheriff court in Scotland and may be dealt with in that court by a sheriff of any sheriffdom.
127.Paragraph 8(2)(a) and (b) sets out when a first calling of criminal proceedings involves an appearance from police custody for the purposes of subparagraph (1).
128.Paragraph 8(3) provides it is for the Lord Advocate or the procurator fiscal to determine which sheriff court a calling is to be taken in under subparagraph (1).
129.Paragraph 8(4) to (6) extends the national jurisdiction of the court beyond the first calling of criminal proceedings from police custody.
130.Subparagraph (5) makes provision for the court of first appearance from police custody and a sheriff of any sheriffdom to be able to continue to deal with criminal proceedings after the first calling subject to the qualifications set out in subparagraph (6).
131.Subparagraph (6)(a) sets out when the national courts’ jurisdiction ends for proceedings on petition or indictment. The effect of subparagraph (6)(a) is that the court of national jurisdiction may deal with any continuation of proceedings on petition or indictment from first appearance from police custody up until the accused is fully committed (committed until liberated in due course of law) or until the conclusion of any earlier hearing at which a plea of not guilty is tendered and not accepted by the procurator fiscal.
132.Subparagraph (6)(b) sets out when the national courts’ jurisdiction ends for summary criminal proceedings. The effect of subparagraph (6)(b) is that the court of national jurisdiction may deal with any continuation of summary criminal proceedings from first appearance from police custody up until and including final disposal of a plea of guilty or until the conclusion of a hearing at which a plea of not guilty is tendered and not accepted by the procurator fiscal.
133.Subparagraph (7) makes it clear that criminal proceedings involving multiple accused or other persons are covered by paragraph 8.
134.Paragraph 9 contains supporting provisions to give effect to the operation of paragraph 8.
135.Paragraph 9(1) provides a sheriff court has jurisdiction for all cases which come before it by virtue of paragraph 8.
136.Paragraph 9(2) and (3) confers powers of national jurisdiction upon procurators fiscal and sheriffs, including summary sheriffs, to support the operation of paragraph 8.
137.Paragraph 9(4) sets out the definition of “criminal proceedings” for the purpose of paragraphs 8 and 9. This includes proceedings on petition, indictment, summary criminal proceedings and ancillary proceedings such as those set out in subparagraph (4)(d).
138.The effect of subparagraph (4)(d) is that ancillary proceedings are distinct from criminal proceedings on petition, indictment or summary complaint for the operation of a national courts’ jurisdiction under paragraph 8.
139.This means where the national courts’ jurisdiction ends under paragraph 8(6) as a result of, for example, a plea of not guilty in a summary case, or after committal until liberation of due course of law in an indictment case, and an accused or witness in ongoing criminal proceedings subsequently fails to appear at a diet of which they have been given due notice, under paragraph 9(4)(d)(iv), the national court will continue to have jurisdiction over any subsequent appearance from custody upon an apprehension warrant for non-appearance, as this constitutes ancillary proceedings.
Part 4 – Extension of time limits
Criminal proceedings: extension of time limits
140.Paragraph 10 of schedule 4 makes provision to extend certain statutory time limits contained in the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) relating to criminal proceedings.
141.Paragraph 10(2) modifies section 52T of the 1995 Act which applies the statutory time limits contained in sections 65 and 147 of the 1995 Act to cases where an accused person has been detained in hospital by virtue of an assessment order or a treatment order. It provides for time limits contained in those sections to apply as extended by virtue of paragraph 10(3) and (5).
142.Paragraph 10(3) modifies section 65 of the 1995 Act, which applies certain time limits in respect of solemn trials, by adding new subsections (11), (12) and (13).
143.New subsection (11) provides that in calculating any of the time periods specified in section 65(12), no account is to be taken of the suspension period.
144.New subsection (12) provides that those periods are:
any period mentioned in section 65(1), which specifies the time limit within which a preliminary hearing (in High Court cases), a first diet (sheriff court cases) and the trial (in any case) must be commenced following the first appearance of the accused on petition, including where this period has been extended under section 65(3) or on appeal under section 65(8), or under section 74(4)(c); and
any period mentioned in section 65(4), which specifies the time limit within which an indictment must be served on any accused who is committed for any offence and being held in custody pending trial, and also the time limits for commencing a preliminary hearing/first diet and trial in any such case including where this period has been extended under section 65(5) or on appeal under section 65(8).
145.New subsection (13) provides that the suspension period referred to in new subsection (11) is a period of 6 months beginning on whichever is later of:
the day on which this paragraph (paragraph 10 of schedule 4 of the Act) comes into effect; or
in the case of any criminal proceedings commenced after this paragraph has come into effect, where the time limit is specified in section 65(1), the day on which the accused first appears on petition in respect of the offence, or in the case of the time limits specified in section 65(4), the date on which the accused is committed until liberated in due course of law.
146.Paragraph 10(4) modifies section 136(1) of the 1995 Act so as to provide that the time limit for the commencement of proceedings for any statutory offence triable only summarily, unless the enactment fixes a different time limit, is temporarily increased from 6 months to 12 months.
147.Paragraph 10(5) modifies section 147 of the 1995 Act, which sets a 40-day limit on detaining a person charged with an offence in summary proceedings pending trial, by adding new subsections (5) and (6).
148.New subsection (5) provides that, in calculating the 40-day period referred to in section 147(1), including where this period has been extended either under subsection (2) or on appeal under subsection (3), no account is to be taken of the suspension period.
149.New subsection (6) provides that the suspension period referred to in subsection (5) is a period of 3 months beginning on whichever is later of the day on which this paragraph (paragraph 10 of schedule 4 of the Act) comes into effect, or the date on which the complaint is brought in court.
150.Paragraph 10(6) modifies section 201 of the 1995 Act, which provides the court with a power to adjourn a case before sentence for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with the case. It substitutes a new subsection (3) which allows the court to adjourn the hearing of such a case for such period as the court considers appropriate. This temporarily replaces the existing power to adjourn a case for 4 weeks or 8 weeks on cause shown.
151.Subparagraphs (7) and (8) of paragraph 10 make a consequential modification to section 21 of the Criminal Justice (Scotland) Act 2003 concerning the power to adjourn cases involving sexual and certain other offences for pre-sentence reports. This has the effect of temporarily applying section 201(3) of the 1995 Act, modified by paragraph 10(6), to such cases as it applies to any other case. This means that the court can adjourn the hearing of such a case for such a period as the court considers appropriate.
Part 5 – Evidence
Exceptions to the rule that hearsay evidence is inadmissible
152.Section 259 of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) provides for exceptions to the general rule that hearsay evidence is inadmissible. Under this section, evidence of a statement made by a person otherwise than while giving evidence in court shall be admissible as evidence of any matter contained in the statement as long as the judge is satisfied of the matters contained in section 259(1)(a) to (d) and where the person who made the statement will not give evidence in the proceedings of such matter for any of the reasons mentioned in section 259(2).
153.Paragraph 11 of schedule 4 modifies section 259 of the 1995 Act insofar as it relates to the reasons why a person will not give evidence in the proceedings. The provision broadens the scope of cases in which an application may be made to have evidence of a statement admitted by virtue of section 259(1).
154.Paragraph 11(2)(b) modifies section 259 by inserting a new subsection (2A), which provides that the reasons referred to in paragraph (a) of subsection (1) also include that to have the person who made the statement physically attend the trial would give rise to a particular risk to the person’s wellbeing attributable to coronavirus, or of transmitting coronavirus to others, and that it is not reasonably practicable for the person to give evidence in any other competent manner.
Part 6 – Community orders
Community payback orders: extension of unpaid work or other activity requirements
155.Paragraph 12 of schedule 4 extends by 12 months the period within which unpaid work or other activity requirements in Community Payback Orders (“CPOs”) must be completed. This applies to all CPOs imposed by a court on or before the day this Act received Royal Assent, and affects the particular period specified for each individual order (i.e. whatever period was originally specified by the court when each individual CPO was imposed, that period will be 12 months longer).
156.Subparagraph (3) enables the Scottish Ministers to further extend this period, by regulations. Such a further extension would apply to all CPOs imposed on or before the day the regulations come into force. The regulations can only be made if the Scottish Ministers are satisfied that, if no action were taken, it is likely that there would be non-compliance with unpaid work or other activity requirements as a result of the coronavirus pandemic, or that such regulations are necessary as a result of the impact of the pandemic on local authorities (which deliver community orders through justice social work) or on the Scottish Courts and Tribunals Service.
157.Subparagraph (7) places a duty on local authorities to inform those subject to the relevant CPOs of the changes made by this provision (e.g. that the period within which the unpaid work or other activity requirement has been extended, and by how much).
Community payback orders: time limit for completion of unpaid work or other activity
158.Paragraph 13 modifies the application of section 227L of the Criminal Procedure (Scotland) Act 1995 in order to provide that, when imposing an unpaid work or other activity requirement as part of a CPO, the court must specify a period of 12 months or more when determining how long the offender has to complete the requirement.
Community orders: postponement
159.Paragraph 14 enables the Scottish Ministers, by regulations, to postpone the effects of CPOs or drug treatment and testing orders (“DTTOs”). The orders to be affected by such a postponement can be specified by reference to the type of order (e.g. Community Payback Order); the requirements imposed under an order (e.g. supervision requirements); the type of offender; and the type of offence the offender has been convicted of.
160.During the period of postponement, which cannot be longer than 6 months, no time elapses with regard to any relevant time periods specified in the order. For example, if a CPO contained an offender supervision requirement which, at the point of postponement, had 3 months left to run, that position would be maintained until the end of the postponement period, at which point 3 months would still remain. During the period of postponement, the offender is not subject to any of the requirements of the order and so cannot breach the order.
161.The regulations cannot postpone an unpaid work or other activity requirement; the modifications of such requirements as a result of coronavirus are dealt with separately under paragraph 12.
162.The regulations can be made only if the Scottish Ministers are satisfied that, if no action were taken, it is likely that there would be non-compliance with the requirements of community orders as a result of the coronavirus pandemic, or that such regulations are necessary as a result of the impact of the pandemic on local authorities (which deliver community orders through justice social work) or on the Scottish Courts and Tribunals Service.
163.Subparagraph (7) places a duty on local authorities to inform those subject to the relevant CPOs or DTTOs of the changes made under any such regulations (e.g. that certain requirements in their order have been postponed, and for how long).
Community orders: variation
164.Paragraph 15 enables the Scottish Ministers, by regulations, to vary the requirements of CPOs or DTTOs. Such variation can include revoking requirements, or orders in their entirety.
165.The orders to be affected by such a variation can be specified by reference to the type of order (e.g. Community Payback Order); the requirements imposed under an order (e.g. supervision requirements); the type of offender; and the type of offence the offender has been convicted of.
166.Certain restrictions are placed on this regulation-making power, which all broadly serve to ensure that it cannot be used to increase the severity of the sentence, or to alter aspects which are unlikely to be affected by the effects of coronavirus. In particular, regulations cannot change the amount of compensation to be paid; increase the number of hours of unpaid work or activity; increase or extend the period during which an offender is subject to a requirement; or increase the period during which an offender’s movements are to be restricted.
167.The regulations can only be made if the Scottish Ministers are satisfied that, if no action were taken, it is likely that there would be non-compliance with the requirements of community orders as a result of the coronavirus pandemic, or that such regulations are necessary as a result of the impact of the pandemic on local authorities (which deliver community orders through justice social work) or on the Scottish Courts and Tribunals Service. In addition, the Scottish Ministers must be satisfied that any variation through regulations does not make the affected orders more difficult to comply with.
168.Subparagraph (6) places a duty on local authorities to inform those subject to the relevant CPOs or DTTOs of the changes made under any such regulations (e.g. that certain requirements in their order have varied, and in what way).
Part 7 – Parole Board
Chairing of the Parole Board
169.Paragraph 17 of schedule 4 modifies the Prisoners and Criminal Proceedings (Scotland) Act 1993 at schedule 2 to provide for the functions of the Parole Board Chairman under the 1993 Act, or under the Parole Board (Scotland) Rules 2001 (S.S.I. 2001/315), to be delegated to another member of the Parole Board.
170.Subparagraph (2) inserts new paragraphs 2K and 2L into schedule 2 of the 1993 Act. Paragraph 2K(1) provides that if the chairman is unable to carry out functions for reasons relating to coronavirus then they are to carried out by the next most senior member of the Parole Board. Paragraph 2K(2) specifies the meaning of ‘the most senior member’ as (a) the member whose initial appointment began first or (b) if members were appointed on the same day, then the oldest of those members. Paragraph 2K(3) provides that in the Rules the definition of “the chairman of the Board appointed under paragraph 1 of schedule 2 of the 1993 Act” will, where the chairman’s functions are being carried out by the next most senior member, mean that member.
171.Paragraph 2L(1) provides for the Chairman to arrange for the delegation of that individual’s functions to another member or members of the Parole Board. Paragraph 2L(2) provides that where the Chairman has made arrangements to delegate that individual’s functions, then a member (or members, if more than one has been delegated the function) may carry out those functions. Paragraph 2L(3) gives effect to these new arrangements, whenever made, from the date of commencement of this Act, with 2L(4) clarifying that references to the Chairman or Chairperson in the Act and Rules will refer to the member or members who has had the function or functions delegated to them.
Modifications of Parole Board Rules
172.Paragraph 18 modifies the Parole Board (Scotland) Rules 2001. Subparagraph (2) modifies Rule 2 (Interpretation), and subparagraph (4) modifies Rule 17, (application of Part IV to particular prisoners) the effect of these modifications being to remove extended sentence prisoners who have been recalled and are serving the extension part of their sentence from Part IV of the Rules, and placing them to be dealt with by Part III.
173.Subparagraph (3)(a) substitutes text in Rule 12A (Use of Live Link) putting beyond doubt that the entirety of the proceedings of the Parole Board or Tribunal can take place via audio-visual or audio technology. Subparagraph (3)(b) inserts a new subparagraph (1A) after paragraph (1) in Rule 12A, making clear that the Board or Tribunal can, when determining whether the interests of justice allow the use of audio or audio-visual technology, weigh the impact on the interests of justice of a hearing not being able to take place at all without such technology. Subparagraph (5) substitutes the wording in Rule 20 (Hearing) – so the tribunal may decide to hold an oral hearing if it is in the interests of justice to do so. This changes the previous Rule which required an oral hearing to be held unless all the parties and the Tribunal agreed not to hold one.
Part 8 – Release of prisoners
Early release of prisoners
174.Paragraph 19(1) of schedule 4 provides the Scottish Ministers with the power to release prisoners who fall within a class of prisoners specified within regulations. Subparagraph (6) provides further information on what these regulations must contain. Subparagraph (8) provides the Scottish Ministers with the flexibility to make different provision for different purposes including differentiating between classes of person or classes of prison or parts of a prison.
175.Subparagraph (2) restricts the Scottish Ministers power to make regulations under subparagraph (1), providing that regulations can be made only if the Scottish Ministers are satisfied that the regulations are a necessary and proportionate response to the effects of coronavirus on a prison or prisons. The regulations must be for the purpose of protecting the security and good order of a prison or prisons or protecting the health, safety and welfare of those accommodated or working in a prison.
176.Subparagraph (3) prevents the release of a prisoner who falls within any of the categories specified in subparagraph (4) or where the Governor of the prison concerned considers that the prisoner poses an immediate risk of harm to an identified person.
177.Subparagraph (4) lists the persons who are excluded from being released via regulations made under subparagraph (1) and subparagraph (5) clarifies the terms “life prisoner” and “untried prisoner” for the purposes of subparagraph (4).
178.Subparagraph (7) details how a prisoner released via regulations made under subparagraph (1) is to be treated following release. Prisoners released will be treated as if they had been released in accordance with Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993. Short-term prisoners are to be released unconditionally while long-term prisoners are to be released on licence. Those sentenced to detention will be treated as if they are released in accordance with the relevant provisions in sections 6 or 7 of the 1993 Act as appropriate.
Regulations under paragraph 19: procedure and expiry
179.Paragraph 20 makes provision for the procedure to be followed when making regulations under paragraph 20 and for the expiry of those regulations. Subparagraph (1) provides that regulations are subject to the affirmative procedure unless they are caught by the expedited procedure in subsection (2) to (5).
180.Subparagraph (2) clarifies that the regulations can be made under the expedited procedure only if certain conditions are met. These are: that the order does not provide for the release of prisoners for a period greater than 180 days before they would otherwise have been released; and it is declared by the Scottish Ministers that by reason of urgency it is necessary to make the order without a draft having been approved by the Scottish Parliament.
181.Subparagraph (3) provides that regulations made under the expedited procedure must be laid before the Scottish Parliament and cease to have effect after 28 days unless approved by the Scottish Parliament during that period. Subparagraph (4) further clarifies how that 28 day period is to be calculated. Subparagraph (5) preserves anything done under regulations prior to their cessation and clarifies that the cessation of the regulations does not prevent further regulations being made.
182.Subparagraph (6) provides that regulations made under the affirmative procedure (including those initially made under the expedited procedure and subsequently approved by the Parliament) expire after 180 days. Subparagraph (7) clarifies that regulations can be revoked and further regulations can be made despite these time-limits.
Part 9 - Legal aid
Assessment of claims for interim payment of fees and outlays
183.Paragraph 21 of schedule 4 temporarily inserts provisions into section 33 of the Legal Aid (Scotland) Act 1986 which modify the level of scrutiny the Scottish Legal Aid Board must apply in their assessment of claims for interim fees or outlays. The effect of these new provisions is that the Board need not consider supporting evidence in order to be satisfied that the fees and outlays claimed for have been properly incurred; where a claimant for interim payment confirms that the fees or outlays claimed have been properly incurred, the Board will accept this. These provisions apply to all aspects of legal aid.
Recovery of overpayment of interim fees or outlays paid to firms
184.Paragraph 22 provides the Scottish Legal Aid Board with additional powers to recover overpayments which follow from the making of an interim payment. Where an interim payment has been paid to a firm on the instruction of the solicitor making the claim, and on assessment of a final account the Scottish Legal Aid Board determines that an overpayment has been made, the firm to whom the payment was made will now also be liable, along with the solicitor, to repay any excess sum. If payment remains due, deductions can be made from future payments due from the Scottish Legal Aid Fund to any solicitor of the firm.
Payment of interim fees for civil legal aid to counsel
185.Paragraph 23 removes the conditions that must be satisfied before counsel can make a claim for interim payment.
