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The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021

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PART 2INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS

Column AColumn BColumn C
1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where—
(a)at the first examination the client is either—
(i)not committed for further examination; or£164.39£143.84£61.65
(ii)committed for further examination and admitted to bail.
(b)at the first examination the client is committed for further examination and not admitted to bail.£246.59£226.04£143.84
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents£61.65£61.65£61.65
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case£472.62£328.78£164.39
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–
(a)the first day of trial£431.52£308.23£164.39
(b)a subsequent day of trial£164.39£123.30£41.10
4A. The fee for preparation for£41.10£41.10£41.10
(a)a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty);
(b)a hearing on a plea in bar of trial;
(c)a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.
5. The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal£191.43£191.43£109.24
6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–£164.39£164.39£164.39
(a)a devolution issue, in terms of Schedule 6 to the Scotland Act 1998;
(ab)a compatibility issue in terms of section 288ZA(1) of the 1995 Act;
(b)a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
(c)a specification of documents;
(d)a precognition on oath;
(e)an evidence on commission;
(f)an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
(g)a proof in mitigation; and
(h)an examination of facts.
(1)

Section 288ZA was inserted by section 34(3) of the Scotland Act 2012 (c.11).

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