Changes in procedure for claiming an increase in duty capped limit/duty sanction


Thursday, Sep 15, 2016

We have created an electronic form that should now be used when you apply for an increase to the duty capped limit or duty sanction.

SLAB has the discretion to increase the capped limit where there are truly exceptional circumstances, such as ECHR issues, or other complicated preliminary matters which require to be undertaken under the duty scheme. 

In addition, where there have been a significant number of court appearances, this is also a factor which can be taken into account.

The key benefits of using the new e-form are:

  • Reduction in requests for further information as the form will ensure that all the information necessary to consider your request is provided.
  • Once submitted your request will be sent direct to the department who deals with the request.
  • You can attach documents to the form.


Please note that it is important that you provide a valid email address and a reference that will allow you to identify the client as Intimation of the decision will be sent to the email address entered on the electronic form.

All requests for an increase in the duty capped limit/duty sanction should now be made using the new electronic form.

Please remember that the work claimed will be assessed and paid within the scope of the duty solicitor regulations, in particular, Regulation 6(2) of the Criminal Legal Aid (Scotland) Fees Regulations 1989.

For further information, please contact Kingsley Thomas, Head of Criminal Legal Assistance, on 0131 240 2085 or thomaski@slab.org.uk or Alison Craig, Criminal Applications Senior Team Leader, on 0131 240 2098 or craigal@slab.org.uk

An image of the electronic form can be viewed below:

dutyform


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