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.

Where the case is referred to the drug court by way of deferred sentence, DTTO or any other basis, it is still a “drug court case” chargeable by way of the further fixed payments

  • prescribed in Schedule 1, Part 2 (criminal legal aid)
  • if charged under Schedule 1A, in addition to a case disposal fee by reference to Schedule 1, Part 2 (criminal legal aid)
  • Schedule 1B, Part 2 (ABWOR)

For example, if you have provided ABWOR as an appointed solicitor and the case is referred to the drug court either immediately or in due course, whether by way of deferred sentence or DTTO, the case continues under the original ABWOR certificate, each hearing being paid at the rate prescribed under Part 2.

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