The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012

Preliminary hearings, necessary notes and written work

6.—(1) After paragraph 15 insert—

“15A.— (1) Where a case has more than one preliminary hearing, the fee payable for any further preliminary hearings as prescribed in paragraphs 1B(a) of Chapters 1 and 2 of Part 1 of the Table of Fees is reduced as specified in sub-paragraphs (2) and (3).

(2) Where charges in a case have been split into more than one indictment, the fee payable for any further preliminary hearings is half that prescribed.

(3) Where in a case an indictment is deserted and subsequently re-raised, the fee for any further preliminary hearings is two thirds that prescribed.

15B.   For the purposes of the fees prescribed in paragraphs 1A and 6 of Chapters 1 and 2 of Part 1 and paragraphs 1A and 5 of Chapters 1 and 2 of Part 3 of the Table of Fees—

(a) the fee for drafting defence statements is payable only once in any case, regardless of how many statements are drafted in that case;

(b) a fee is only payable for a second necessary note in a case on cause shown and where counsel establishes there were exceptional circumstances in the case, and in any case fees for no more than two necessary notes are payable; and

(c) where written work, for which there is a prescribed fee, or a necessary note is drafted and revised, the fee payable for the written work or necessary note is, if there is more than one counsel, shared equally between counsel who made the revisals.”.

(2) In Part 1 of the Table of Fees, in Chapter 1 (fees of junior counsel in the High Court of Justiciary)—

(a) after paragraph 1A(e), insert—

“(f) drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act

£125.00”;

(b) in paragraph 1B(a)—

(i) for “managed meeting” substitute “all managed meetings”; and

(ii) for “the Crown” insert “Crown counsel or the Procurator Fiscal”; and

(c) in paragraph 1B(b), for “under section 72(9) of the 1995 Act” substitute “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”.

(3) In Part 1 of the Table of Fees, in Chapter 2 (fees of senior counsel in the High Court of Justiciary)—

(a) after paragraph 1A(e), insert—

“(f) drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act

£125.00”;

(b) in paragraph 1B(a)—

(i) for “managed meeting” substitute “all managed meetings”; and

(ii) for “the Crown” insert “Crown counsel or the Procurator Fiscal”; and

(c) in paragraph 1B(b), for “under section 72(9) of the 1995 Act” substitute “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”.

(4) In Part 3 of the Table of Fees, in Chapter 1 (fees of junior counsel in the sheriff and district court), after paragraph 1A(e) insert—

“(f) drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act

£125.00”;

(5) In Part 3 of the Table of Fees, in Chapter 2 (fees of senior counsel in the sheriff and district court), after paragraph 1A(e) insert—

“(f) drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act

£125.00”;