(Archive) Proceedings to which fixed payments apply

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

Fixed payments apply to:

summary criminal legal aid granted by us in terms of section 24 of the 1986 Act
summary criminal legal aid granted by the court under section 23(1)(b) of the 1986 Act
automatic criminal legal aid where ABWOR is subsequently made available or summary criminal legal aid is subsequently granted
ABWOR in summary criminal proceedings under regulation 3(a) and regulation 6 of the 2003 ABWOR regulations, where you apply an interests of justice test as well as the means test
ABWOR provided by the appointed solicitor under regulation 3 and regulation 6A of the 2003 ABWOR regulations, subject only to a means test and regulation 7 of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 which prescribes the conditions under which a solicitor may act as an appointed solicitor.

What are fixed payments?

Proceedings to which fixed payments do not apply