Outlays not included in fixed payment

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 has been amended to reflect the new regulations.
For the regulations in force prior to 29 April 2023, please refer to the archive Guidance item.

Archive Version

All other outlays normally chargeable in a criminal or ABWOR case, when subject to detailed accounting, are chargeable in fixed payments cases.  The more common outlays likely to be incurred, subject to the appropriate vouching, include:

  • employment of counsel (where sanctioned)
  • cost of an expert witness (where sanctioned)
  • sheriff officer’s costs in citing a witness (where postal service has been unsuccessful)
  • witness expenses (cost of travel/loss of earnings)
  • travelling expenses, for example mileage in attending court (not being a court in the town or place where you have a place of business) or prison
  • overnight subsistence and accommodation
No payment can be made to a witness on the Crown list
General regulations and standard of taxation – outlays

In this section

Outlays

Outlays included in the fixed payment fee

Find out how photocopying, precognitions and agency by another solicitor are outlays included in the fixed payment accounts in criminal legal aid.

Outlays

No payment can be made to a witness on the Crown list

Learn why we cannot make payments to a witness on the Crown list in criminal legal aid fixed payment cases.

Outlays

General regulations and standard of taxation - outlays

Learn about the how the regulations apply to your outlays and what you must do to comply with them.

Outlays

Employment of counsel and expert witnesses

Find out why you need our sanction for counsel and expert witnesses in criminal legal aid cases with fixed payment accounts.

Outlays

Sanction for unusual work or unusually large expenditure  

Find out why you need our sanction for unusual work or unusually large expenditure in criminal legal aid cases with fixed payment accounts.

Outlays

Certain outlays not chargeable under advice and assistance (and ABWOR)

Find out how the regulations affect whether you can charge for some outlays.