https://www.slab.org.uk/guidance-archive/first-and-second-deferred-sentence/
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.
Both the principal fixed payments, the core fixed payment and the case disposal fee, subsume a first or second deferred sentence. Where a case is transferred in circumstances where, for example, there are two solicitors each entitled to 50% of the total fixed payment, neither solicitor can charge for conducting the first and second deferred sentences, which are subsumed within the fixed payment for the case. The incoming solicitor is only entitled to claim for a third and subsequent deferred sentence, as would have been the situation had the case not been transferred.
It is important to include details of all deferred sentence diets at the accounts stage in order that we can identify the hearings which are separately payable, and determine the correct fee. You should also refer to our other guidance if the certificate includes other proceedings e.g. breach of bail etc.
