New Regulations: extending children’s duty scheme to cover movement restriction condition hearings; amending counsel’s fees for accommodation and subsistence and introducing fee for written submissions in criminal first instance proceedings

This update is to inform you of changes as a result of the Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024, which come into force on 30 April 2024.

We have provided details below on the following changes as a result of these regulations:

1. Extension of the children’s duty scheme to cover movement restriction hearings (MRC) and pre hearing panels discussing same
2. Counsel’s Fees

A duty solicitor will be made available to the subject child if a children’s hearing or pre-hearing panel considers that it might be necessary to make a compulsory supervision order in relation to a child that includes either or both secure accommodation authorisation and a movement restriction condition order.

This means that automatic legal aid will be available to a children’s duty solicitor if they agree to make contact with the child and represent them at such a hearing.

Our legal aid guidance will be updated on 30 April 2024 to reflect the change as a result of the regulations.

Applying as the duty solicitor

If you make an application to us for automatic legal aid as the duty solicitor for a MRC hearing please select the ‘secure hearing’ type on legal aid online as we are unable at present to add this new hearing type to the list of hearings where a duty solicitor can act for the child.

ABWOR as the child’s solicitor of choice

If you are the solicitor of choice for the child, and not therefore acting as the child’s duty solicitor, you can provide ABWOR to the child for an MRC hearing with no means and merits tests.

Our legal aid guidance will be updated on 30 April 2024 to reflect the change as a result of the regulations.

Submit your application for ABWOR selecting the ‘secure hearing’ type on legal aid online as we are unable at present to add an MRC hearing to the list of specified hearings.

Relevant and deemed relevant persons

ABWOR is available in the usual way for relevant persons and deemed relevant persons seeking representation at MRC hearing as has always been the case.

Our legal aid guidance will be updated on 30 April 2024 to reflect the change as a result of the regulations.

More information

Please contact:

Alison Brand

Civil and Children’s Legal Assistance

E brandal@slab.org.uk

Increase to the standard maximum limit for accommodation and subsistence and provision to exceed limit where counsel has received the prior approval of SLAB

Regulation 4 and 5 amends the Civil Legal Aid (Scotland) (Fees) Regulations 1989 and Criminal Legal Aid (Scotland) (Fees) Regulations 1989:

• increasing the standard maximum limit for accommodation and associated subsistence from £113.56 to £125.14, where a fee for time engaged in necessary travel is chargeable and counsel requires to stay overnight; and
• makes provision where counsel incurs accommodation and subsistence costs at an amount higher than the standard maximum limit where:
  • counsel has demonstrated to the satisfaction of SLAB that in the circumstances of the travel undertaken suitable accommodation and subsistence was not available to them at or up to the applicable amount.
  • counsel has received our prior approval to exceed the applicable amount, and
  • we are satisfied that the amount charged as an outlay is reasonable in all the circumstances.

Procedures that must be followed where counsel applies to SLAB to exceed the standard maximum limit

• the application must be made by counsel or counsel’s clerk and not the instructing solicitor
• the application must be submitted via email to faculty@slab.org.uk with the subject header “Application to exceed standard accommodation and subsistence limit”
• a copy of the proposed cost of the accommodation and subsistence should be provided, wherever possible, failing which we will require details of the accommodation and costs involved
• in addition, we expect counsel to demonstrate and attach comparable quotes for the same location and dates that accommodation is required, wherever possible (e.g. email confirmation of proposed costs or screenshot of the comparable cost of accommodation)
• the request should be made as far in advance as possible but no later than 2 working days before the dates that the accommodation will be required to allow SLAB to undertake our own enquiries
• if the application is due to very late instructions that precludes the application being made within the timescales suggested we will be content to deal with those on a case by case basis but we still expect the requirements in bullets 1-4 to be complied with
• we will email our response back to counsel/counsel’s clerk either approving the cost which is sought or offer settlement of an alternative (lower amount) based on our own enquiries providing you with details of the alternative accommodation and respective costs.

Fees to counsel for the drafting of written submissions in criminal first instance proceedings only where this has been ordered by the court

Regulation 5 also amends the Criminal Legal Aid (Scotland) (Fees) Regulations 1989:

• Introducing a separate and distinct fee payable to counsel for the drafting of written submissions in first instance proceedings where this has been ordered by the court.

More information

Please contact:

Steven Carrie

Senior Accounts Specialist

E carriest@slab.org.uk