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4.—(1) The Criminal Legal Aid (Scotland) (Fees) Regulations 1989(1) are amended as follows.
(2) In paragraph (1) of regulation 6 (duty solicitors' fees)–
(a)in sub paragraph (a)–
(i)for “£47.95 for the first case” substitute “£63 for the first case in which the accused person pleads not guilty or which is adjourned under section 145 of the 1995 Act”;
(ii)for “£6.48 for each additional case” substitute “£9 for each additional such case”;
(iii)for “£103.95” substitute “£140”;
(b)after sub paragraph (a) insert–
“(aa)for attendance at that session, a fee of £70 for each case in which the accused pleads guilty;”;
(c)in sub-paragraph (b)–
(i)for “£47.95 for the first case” substitute “£63 for the first case in which the accused person pleads not guilty or which is adjourned under section 145 of the 1995 Act”;
(ii)for “£6.48 for each additional case” substitute “£9 for each additional such case”;
(iii)for “£69.71” substitute “£93”;
(d)in sub paragraph (b), for “session:” substitute “session;” and after that sub paragraph insert–
“(c)for attendance at any such other session, a fee of £70 for each case in which the accused pleads guilty:”.
(3) In paragraph (2) of that regulation–
(a)after “guilty” insert “or in circumstances where the accused has not been called on to plead”;
(b)for “£121.91” substitute “£150 (of which the relevant fee of £70 under paragraph (1) is to form part)”.
(4) In paragraph (3) of that regulation, for “£121.91” substitute “£150”.
(5) After paragraph (3) of that regulation insert–
“(3A) In an exceptional case, the Board may pay to the duty solicitor such fees other than those specified in paragraph (2) or (3) (and to a higher limit) as it considers appropriate in the circumstances of the case.
(3B) Where fees are payable under this regulation, the duty solicitor is not entitled to separate payment in respect of any expenses incurred in travelling to and from the court (despite any entitlement to such payment that would arise but for this paragraph).
(3C) But paragraph (3B) does not prevent the Board paying such fees as are reasonably required for the purpose of securing the availability of a duty solicitor at a remote court.”.
S.I. 1989/1491.
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