Section 174(1) appeal

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

Proceedings in the High Court by way of an appeal under section 174(1) of the 1995 Act are always separately chargeable in addition to the ABWOR fixed payments in both the JP and Sheriff court where ABWOR is being provided.

Schedule 1B fee (the ABWOR core fixed payment in the JP and Sheriff court)
Post-conviction hearings under ABWOR

In this section

Fixed payments allowable in a case

The structure of fixed payments

Find out which regulations cover the different fixed payments and any add ons in criminal legal aid accounts.

Fixed payments allowable in a case

First and second deferred sentence 

Learn about a first or second deferred sentence being subsumed by a fixed payment.

Fixed payments allowable in a case

Schedule 1 fee (the legal aid core fixed payment)

Find the fixed payments for JP, sheriff and rural courts; what is covered; breach of bail; a court grant; and the under 21 supplement

Fixed payments allowable in a case

Schedule 1A fee (the legal aid core fixed payment in the sheriff court where the case does not proceed to trial beyond the first 30 minutes)

Find out about the case disposal fee in the sheriff court and the work this covers.

Fixed payments allowable in a case

Schedule 1B fee (the ABWOR core fixed payment in the JP and Sheriff court)

Find out what the ABWOR core fixed payment is in the Justice of the Peace and sheriff court and what work this covers.

Fixed payments allowable in a case

Post-conviction hearings under ABWOR

Find out the payment arrangements for post-conviction hearings under the 1995 Act.

Fixed payments allowable in a case

The drug court

Find out the fixed payments available if your client is referred to the drug court.

Fixed payments allowable in a case

Travel

Find out the payment options for travel in criminal legal aid cases.

Fixed payments allowable in a case

Subsumption of fees and outlays under advice and assistance (and ABWOR)

Learn about fees and outlays incurred under A&A (or ABWOR) being subsumed within any fixed payment ABWOR or criminal legal aid.