(Archive) Bar on mixing fixed payments and detailed fees

Notice

The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023.
This Guidance item reflects the regulations in force prior to that date.
For the regulations in force from 29 April 2023, please refer to the current Guidance item.

Current Version

Where you provide criminal legal assistance, whether summary criminal legal aid or ABWOR, where a fixed payment has been prescribed, you are not entitled to any other payment out of the Fund in respect of your fees and outlays included in the fixed payment (listed at regulation 4(2) of the regulations), except in the following circumstances, all in circumstances where excluded proceedings take place beyond the summary court proceedings, and are chargeable in addition

any reference in connection with proceedings under Article 234 of the EEC Treaty
any reference (as distinct from an appeal) on a devolution issue under paragraph 9, Schedule 6 to the Scotland Act 1998
proceedings under section 5 of the International Criminal Court Act 2001; and
proceedings in an appeal to the High Court under section 174(1) of the 1995 Act

In practice, only proceedings under section 174 are likely to arise in the course of a case.

You are entitled to reimbursement of any other outlays properly incurred.

The fixed payments schedules

Breach of bail etc. proceedings