Criminal Legal Aid (Scotland) (Fees) Regulations 1989

 

 

[As amended by SSI 2023 No 135 in force 29 April 2023]

SCHEDULE 1

FEES OF SOLICITORS

(Before 29 April 2023)

Notes on the operation of Schedule 1

1.—

(1)   In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-—

(a)   for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;

(b)   for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).

(2)   In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)   for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)   paragraph 3(a) is column A;

(ii)   paragraph 3(b) or (c) is column B;

(b)   for proceedings in the sheriff court is column C.

(3)   In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—

(a)   is column A if the proceedings relate to any of the following offences:—

(i)   murder;

(ii)   multiple attempted murder;

(iii)   culpable homicide;

(iv)   rape;

(v)   assault and robbery involving commercial premises;

(vi)   importation of controlled drugs;

(vii)   an offence under section 1 of the 1988 Act (causing death by dangerous driving);

(viii)   an offence under the Explosive Substances Act 1883;

(ix)   a firearms offence;

(x)   incest;

(xi)   sodomy

(xii)   sedition;

(xiii)   treason;

(xiv)   torture; and

(xv)   war crimes;

(b)   is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

(3A)   Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

(4)   For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

(5)   The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–

(a)   travel;

(b)   attending locus visits;

(c)   work in connection with the taking of a witness precognition;

(d)   perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

(e)   instructing expert witnesses;

(f)   conducting, or attending court when counsel is conducting, a hearing;

(g)   time spent waiting;

(h)   post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

(i)   the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2.   In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.

3.   Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for—

(a)   making a telephone call that is not answered;

(b)   making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)   framing a file note;

(d)   framing a precognition following a meeting where a file note would suffice;

(e)   perusing correspondence;

(f)   a letter of acknowledgement, unless expressly requested or required;

(g)   more than two consultations, except on cause shown;

(h)   a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)   more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)   preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);

(k)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless—

(i)   the indictment, containing a libel against the client, proceeds to trial; or

(ii)   on or after the day fixed for trial, the Crown withdraws any libel against the client.

(l)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

(m)   preparing for a subsequent day of trial if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

(n)   more than one solicitor attending a hearing, without the prior sanction of the Board;

(o)   during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

(p)   settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.

3A.   (1)   In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.

(2)   Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.

Calculation of fees for time at court and travelling

3AA.   The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.

Research

3B.   The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:—

(a)   the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and

(b)   the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Time spent waiting and travelling

4.   A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5.—(1)   Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from—

(a)   court, provided that—

(i)   a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)   a meeting with the client

(i)   in prison; or

(ii)   Selsewhere, if the client is unable to travel on medical grounds;

(c)   a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)   a consultation with counsel or an expert witness;

(e)   a locus inspection;

(f)   court, provided that—

(2)   an examination of productions.

(3)   A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(4)   The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6.   Where agency is transferred from one solicitor to another—

(a)   the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)   the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7.—(1)   The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £14.89 for each quarter of an hour.

(2)   This paragraph applies to a precognition in relation to solemn proceedings if—

(a)   it is the first precognition of the client; or

(b)   cause is shown that the statement had to be taken by a solicitor.

Interpretation

8.   In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

PART 1

DETAILED FEES

						Summary Procedure	Solemn Procedure
1.	In connection with the conduct of a hearing—
	(a)		in summary proceedings, the fee for—
			(i)	any time up to the first half hour spent by a solicitor conducting the hearing		£34.32
			(ii)	each quarter hour spent, subsequent to the first half hour, conducting the hearing		£17.17
	(b)		in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing				£21.48
1A	Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination.					£88.16	£88.16
2.	The fee for any of the following:—					£7.52	£8.17
	(a)		each citation of a witness, including execution;
	(b)		framing and drawing necessary papers other than those referred to in paragraph 3(c);
	(c)		instructing messengers at arms and sheriff officers, including examining execution and settling fee;
	(d)		lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and
	(e)		letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3.	The fee for any of the following:—					£3.04	£3.25
	(a)		attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;
	(b)		short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;
	(c)		framing formal papers, including inventories and title pages, per sheet (or part thereof);
	(d)		revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and
	(e)		subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
4.	In connection with taking a precognition in relation to solemn proceedings—
	(a)		subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent—
			(i)		travelling		£13.57
			(ii)		taking a statement		£13.57
	(b)		the fee for—
			(i)		framing the precognition, per sheet		£2.85
			(ii)		each letter making arrangements for taking a statement		£1.72
			(iii)		a telephone call, of any duration		£1.13
5.	There is no fee for photocopying—
	(a)		where fewer than 20 sheets are copied at any one time;
	(b)		in relation to the first 20 sheets copied at any one time.
	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—
	(a)		for each sheet copied for up to 10,000 sheets			£0.05	£0.05
	(b)		for each sheet copied in addition to the first 10,000 sheets			£0.01	£0.01
5A.	The fee for each quarter of an hour spent travelling—
	(a)		by a solicitor			£6.63	£7.18
	(b)		by a solicitor’s clerk			£3.31	£3.60
6.	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—
	(a)	by a solicitor, provided the time is additional to the total time charged for under paragraph 1				£13.23	£14.32
	(b)	by a solicitor’s clerk				£6.59	£7.18

 

PART 2

INCLUSIVE FEES

			Column A	Column B	Column C
1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where—
(a)	at the first examination the client is either—
	(i)	not committed for further examination; or	£178.31	£156.03	£66.88
	(ii)	committed for further examination and admitted to bail.
(b)	at the first examination the client is committed for further examination and not admitted to bail.		£267.47	£245.19	£156.03
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents			£66.88	£66.88	£66.88
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case			£512.64	£356.62	£178.31
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–
(a)	the first day of trial		£468.06	£334.34	£178.31
(b)	a subsequent day of trial		£178.31	£133.75	£44.59
4A. The fee for preparation for			£44.59	£44.59	£44.59
(a)	a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty);
(b)	a hearing on a plea in bar of trial;
(c)	a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.
5. The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal			£207.65	£207.65	£118.50
6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–			£178.31	£178.31	£178.31
(a)	a devolution issue, in terms of Schedule 6 to the Scotland Act 1998;
(ab)	a compatibility issue in terms of section 288ZA of the 1995 Act;
(b)	a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
(c)	a specification of documents;
(d)	a precognition on oath;
(e)	an evidence on commission;
(f)	an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
(g)	a proof in mitigation; and
(h)	an examination of facts.

 

[As amended by SSI 2022 No 30 in force 1 April 2022]

SCHEDULE 1

FEES OF SOLICITORS

Notes on the operation of Schedule 1

1.—

(1)   In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-—

(a)   for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;

(b)   for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).

(2)   In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)   for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)   paragraph 3(a) is column A;

(ii)   paragraph 3(b) or (c) is column B;

(b)   for proceedings in the sheriff court is column C.

(3)   In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—

(a)   is column A if the proceedings relate to any of the following offences:—

(i)   murder;

(ii)   multiple attempted murder;

(iii)   culpable homicide;

(iv)   rape;

(v)   assault and robbery involving commercial premises;

(vi)   importation of controlled drugs;

(vii)   an offence under section 1 of the 1988 Act (causing death by dangerous driving);

(viii)   an offence under the Explosive Substances Act 1883;

(ix)   a firearms offence;

(x)   incest;

(xi)   sodomy

(xii)   sedition;

(xiii)   treason;

(xiv)   torture; and

(xv)   war crimes;

(b)   is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

(3A)   Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

(4)   For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

(5)   The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–

(a)   travel;

(b)   attending locus visits;

(c)   work in connection with the taking of a witness precognition;

(d)   perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

(e)   instructing expert witnesses;

(f)   conducting, or attending court when counsel is conducting, a hearing;

(g)   time spent waiting;

(h)   post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

(i)   the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2.   In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.

3.   Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for—

(a)   making a telephone call that is not answered;

(b)   making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)   framing a file note;

(d)   framing a precognition following a meeting where a file note would suffice;

(e)   perusing correspondence;

(f)   a letter of acknowledgement, unless expressly requested or required;

(g)   more than two consultations, except on cause shown;

(h)   a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)   more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)   preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);

(k)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless—

(i)   the indictment, containing a libel against the client, proceeds to trial; or

(ii)   on or after the day fixed for trial, the Crown withdraws any libel against the client.

(l)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

(m)   preparing for a subsequent day of trial if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

(n)   more than one solicitor attending a hearing, without the prior sanction of the Board;

(o)   during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

(p)   settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.

3A.   (1)   In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.

(2)   Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.

Calculation of fees for time at court and travelling

3AA.   The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.

Research

3B.   The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:—

(a)   the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and

(b)   the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Time spent waiting and travelling

4.   A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5.—(1)   Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from—

(a)   court, provided that—

(i)   a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)   a meeting with the client

(i)   in prison; or

(ii)   Selsewhere, if the client is unable to travel on medical grounds;

(c)   a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)   a consultation with counsel or an expert witness;

(e)   a locus inspection;

(f)   court, provided that—

(2)   an examination of productions.

(3)   A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(4)   The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6.   Where agency is transferred from one solicitor to another—

(a)   the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)   the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7.—(1)   The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £14.41 for each quarter of an hour.

(2)   This paragraph applies to a precognition in relation to solemn proceedings if—

(a)   it is the first precognition of the client; or

(b)   cause is shown that the statement had to be taken by a solicitor.

Interpretation

8.   In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

PART 1

DETAILED FEES

						Summary Procedure	Solemn Procedure
1.	In connection with the conduct of a hearing—
	(a)		in summary proceedings, the fee for—
			(i)	any time up to the first half hour spent by a solicitor conducting the hearing		£31.14
			(ii)	each quarter hour spent, subsequent to the first half hour, conducting the hearing		£15.58
	(b)		in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing				£20.79
1A	Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination.					£80.00	£80.00
2.	The fee for any of the following:—					£6.82	£7.90
	(a)		each citation of a witness, including execution;
	(b)		framing and drawing necessary papers other than those referred to in paragraph 3(c);
	(c)		instructing messengers at arms and sheriff officers, including examining execution and settling fee;
	(d)		lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and
	(e)		letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3.	The fee for any of the following:—					£2.75	£3.14
	(a)		attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;
	(b)		short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;
	(c)		framing formal papers, including inventories and title pages, per sheet (or part thereof);
	(d)		revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and
	(e)		subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
4.	In connection with taking a precognition in relation to solemn proceedings—
	(a)		subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent—
			(i)		travelling		£13.13
			(ii)		taking a statement		£13.13
	(b)		the fee for—
			(i)		framing the precognition, per sheet		£2.75
			(ii)		each letter making arrangements for taking a statement		£1.66
			(iii)		a telephone call, of any duration		£1.09
5.	There is no fee for photocopying—
	(a)		where fewer than 20 sheets are copied at any one time;
	(b)		in relation to the first 20 sheets copied at any one time.
	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—
	(a)		for each sheet copied for up to 10,000 sheets			£0.05	£0.05
	(b)		for each sheet copied in addition to the first 10,000 sheets			£0.01	£0.01
5A.	The fee for each quarter of an hour spent travelling—
	(a)		by a solicitor			£6.01	£6.95
	(b)		by a solicitor’s clerk			£3.00	£3.48
6.	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—
	(a)	by a solicitor, provided the time is additional to the total time charged for under paragraph 1				£12.00	£13.86
	(b)	by a solicitor’s clerk				£5.98	£6.95

 

PART 2

INCLUSIVE FEES

			Column A	Column B	Column C
1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where—
(a)	at the first examination the client is either—
	(i)	not committed for further examination; or	£172.61	£151.04	£64.74
	(ii)	committed for further examination and admitted to bail.
(b)	at the first examination the client is committed for further examination and not admitted to bail.		£258.92	£237.35	£151.04
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents			£64.74	£64.74	£64.74
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case			£496.26	£345.22	£172.61
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–
(a)	the first day of trial		£453.10	£323.65	£172.61
(b)	a subsequent day of trial		£172.61	£129.47	£43.16
4A. The fee for preparation for			£43.16	£43.16	£43.16
(a)	a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty);
(b)	a hearing on a plea in bar of trial;
(c)	a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.
5. The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal			£201.01	£201.01	£114.71
6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–			£172.61	£172.61	£172.61
(a)	a devolution issue, in terms of Schedule 6 to the Scotland Act 1998;
(ab)	a compatibility issue in terms of section 288ZA of the 1995 Act;
(b)	a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
(c)	a specification of documents;
(d)	a precognition on oath;
(e)	an evidence on commission;
(f)	an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
(g)	a proof in mitigation; and
(h)	an examination of facts.

 

 

 

 

[As amended by SSI 2021 No 56 in force 22 March 2021]

SCHEDULE 1

FEES OF SOLICITORS

Notes on the operation of Schedule 1

1.—

(1)   In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-—

(a)   for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;

(b)   for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).

(2)   In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)   for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)   paragraph 3(a) is column A;

(ii)   paragraph 3(b) or (c) is column B;

(b)   for proceedings in the sheriff court is column C.

(3)   In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—

(a)   is column A if the proceedings relate to any of the following offences:—

(i)   murder;

(ii)   multiple attempted murder;

(iii)   culpable homicide;

(iv)   rape;

(v)   assault and robbery involving commercial premises;

(vi)   importation of controlled drugs;

(vii)   an offence under section 1 of the 1988 Act (causing death by dangerous driving);

(viii)   an offence under the Explosive Substances Act 1883;

(ix)   a firearms offence;

(x)   incest;

(xi)   sodomy

(xii)   sedition;

(xiii)   treason;

(xiv)   torture; and

(xv)   war crimes;

(b)   is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

(3A)   Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

(4)   For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

(5)   The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–

(a)   travel;

(b)   attending locus visits;

(c)   work in connection with the taking of a witness precognition;

(d)   perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

(e)   instructing expert witnesses;

(f)   conducting, or attending court when counsel is conducting, a hearing;

(g)   time spent waiting;

(h)   post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

(i)   the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2.   In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.

3.   Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for—

(a)   making a telephone call that is not answered;

(b)   making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)   framing a file note;

(d)   framing a precognition following a meeting where a file note would suffice;

(e)   perusing correspondence;

(f)   a letter of acknowledgement, unless expressly requested or required;

(g)   more than two consultations, except on cause shown;

(h)   a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)   more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)   preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);

(k)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless—

(i)   the indictment, containing a libel against the client, proceeds to trial; or

(ii)   on or after the day fixed for trial, the Crown withdraws any libel against the client.

(l)   preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

(m)   preparing for a subsequent day of trial if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

(n)   more than one solicitor attending a hearing, without the prior sanction of the Board;

(o)   during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

(p)   settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.

3A.   (1)   In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.

(2)   Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.

Calculation of fees for time at court and travelling

3AA.   The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.

Research

3B.   The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:—

(a)   the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and

(b)   the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Time spent waiting and travelling

4.   A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5.—(1)   Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from—

(a)   court, provided that—

(i)   a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)   a meeting with the client

(i)   in prison; or

(ii)   Selsewhere, if the client is unable to travel on medical grounds;

(c)   a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)   a consultation with counsel or an expert witness;

(e)   a locus inspection;

(f)   court, provided that—

(2)   an examination of productions.

(3)   A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(4)   The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6.   Where agency is transferred from one solicitor to another—

(a)   the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)   the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7.—(1)   The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £13.72 for each quarter of an hour.

(2)   This paragraph applies to a precognition in relation to solemn proceedings if—

(a)   it is the first precognition of the client; or

(b)   cause is shown that the statement had to be taken by a solicitor.

Interpretation

8.   In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

PART 1

DETAILED FEES

						Summary Procedure	Solemn Procedure
1.	In connection with the conduct of a hearing—
	(a)		in summary proceedings, the fee for—
			(i)	any time up to the first half hour spent by a solicitor conducting the hearing		£29.65
			(ii)	each quarter hour spent, subsequent to the first half hour, conducting the hearing		£14.83
	(b)		in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing				£19.80
2.	The fee for any of the following:—					£6.49	£7.52
	(a)		each citation of a witness, including execution;
	(b)		framing and drawing necessary papers other than those referred to in paragraph 3(c);
	(c)		instructing messengers at arms and sheriff officers, including examining execution and settling fee;
	(d)		lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and
	(e)		letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3.	The fee for any of the following:—					£2.61	£2.99
	(a)		attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;
	(b)		short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;
	(c)		framing formal papers, including inventories and title pages, per sheet (or part thereof);
	(d)		revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and
	(e)		subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
4.	In connection with taking a precognition in relation to solemn proceedings—
	(a)		subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent—
			(i)		travelling		£12.50
			(ii)		taking a statement		£12.50
	(b)		the fee for—
			(i)		framing the precognition, per sheet		£2.61
			(ii)		each letter making arrangements for taking a statement		£1.58
			(iii)		a telephone call, of any duration		£1.03
5.	There is no fee for photocopying—
	(a)		where fewer than 20 sheets are copied at any one time;
	(b)		in relation to the first 20 sheets copied at any one time.
	Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—
	(a)		for each sheet copied for up to 10,000 sheets			£0.05	£0.05
	(b)		for each sheet copied in addition to the first 10,000 sheets			£0.01	£0.01
5A.	The fee for each quarter of an hour spent travelling—
	(a)		by a solicitor			£5.72	£6.61
	(b)		by a solicitor’s clerk			£2.85	£3.31
6.	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—
	(a)	by a solicitor, provided the time is additional to the total time charged for under paragraph 1				£11.42	£13.20
	(b)	by a solicitor’s clerk				£5.69	£6.61

 

PART 2

INCLUSIVE FEES

			Column A	Column B	Column C
1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where—
(a)	at the first examination the client is either—
	(i)	not committed for further examination; or	£164.39	£143.84	£61.65
	(ii)	committed for further examination and admitted to bail.
(b)	at the first examination the client is committed for further examination and not admitted to bail.		£246.59	£226.04	£143.84
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents			£61.65	£61.65	£61.65
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case			£472.62	£328.78	£164.39
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–
(a)	the first day of trial		£431.52	£308.23	£164.39
(b)	a subsequent day of trial		£164.39	£123.30	£41.10
4A. The fee for preparation for			£41.10	£41.10	£41.10
(a)	a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty);
(b)	a hearing on a plea in bar of trial;
(c)	a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.
5. The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal			£191.43	£191.43	£109.24
6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–			£164.39	£164.39	£164.39
(a)	a devolution issue, in terms of Schedule 6 to the Scotland Act 1998;
(ab)	a compatibility issue in terms of section 288ZA of the 1995 Act;
(b)	a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
(c)	a specification of documents;
(d)	a precognition on oath;
(e)	an evidence on commission;
(f)	an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
(g)	a proof in mitigation; and
(h)	an examination of facts.

 

Schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

[52]
Notes on the operation of Schedule 1

1.—

[53]In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-

(a)for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;

(b)for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).

(2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)paragraph 3(a) is column A;

(ii)paragraph 3(b) or (c) is column B;

(b)for proceedings in the sheriff court is column C.

(3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)       is column A if the proceedings relate to any of the following offences:—

(i)        murder;

(ii)       multiple attempted murder;

(iii)      culpable homicide;

(iv)     rape;

(v)      assault and robbery involving commercial premises;

(vi)     importation of controlled drugs;

(vii)    an offence under section 1 of the 1988 Act (causing death by dangerous driving);

(viii)   an offence under the Explosive Substances Act 1883;

(ix)      a firearms offence;

(x)       incest;

(xi)      sodomy;

(xii)     sedition;

(xiii)    treason;

(xiv)   torture; and

(xv)    war crimes;

(b)       is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

[54](3A)  Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

(4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

(5) [55]The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees [56]and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–

(a)       travel;

(b)       attending locus visits;

(c)       work in connection with the taking of a witness precognition;

(d)       perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

(e)       instructing expert witnesses;

(f)        conducting, or attending court when counsel is conducting, a hearing;

(g)       time spent waiting;

(h)       post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

(i)        the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2. In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.
3. Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for–

(a)making a telephone call that is not answered;

(b)making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)framing a file note;

(d)framing a precognition following a meeting where a file note would suffice;

(e)perusing correspondence;

(f)a letter of acknowledgement, unless expressly requested or required;

(g)more than two consultations, except on cause shown;

(h)a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)[57]preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);

(k)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless-

(i)   the indictment, containing a libel against the client, proceeds to trial; or

(ii)   on or after the day fixed for trial, the Crown withdraws any libel against the client.

(l)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

(m)preparing for a subsequent day of trial[58] if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

(n)more than one solicitor attending a hearing, without the prior sanction of the Board;

(o)during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

(p)settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.

[59]3A.    (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.

(2)Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.

[60]Calculation of fees for time at court and travelling

3AA.  The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.

Research

3B.      The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:-

(a)the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and

(b)the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Time spent waiting and travelling

4. A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5.—(1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from–

(a)court, provided that–

(i)    a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)a meeting with the client–

(i)    in prison; or

(ii)    elsewhere, if the client is unable to travel on medical grounds;

(c)a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)a consultation with counsel or an expert witness;

(e)a locus inspection;

(f)an examination of productions.

(2) A fee for travelling time is chargeable in circumstances other than those listed in sub-paragraph (1) only if the Board, or as the case may be the auditor, is satisfied that it was necessary for the advancement of the case that the solicitor be physically present at the place travelled to.

(3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6. Where agency is transferred from one solicitor to another–

(a)the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7.—(1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £13.06[61] for each quarter of an hour.

(2) This paragraph applies to a precognition in relation to solemn proceedings if–

(a)it is the first precognition of the client; or

(b)cause is shown that the statement had to be taken by a solicitor.

Interpretation

8. In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, [62]the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

PART 2

INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS

([1])   The Criminal Procedure (Scotland) Act 1995 (c.46).  Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.

([2])   Scotland Act 1998 c.46.

([3])   Section 288ZA was inserted by the Scotland Act 2012 (c.11), section 34(3).

Schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

[52]
Notes on the operation of Schedule 1

1.—

[53]In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-

(a)for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;

(b)for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).

(2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)paragraph 3(a) is column A;

(ii)paragraph 3(b) or (c) is column B;

(b)for proceedings in the sheriff court is column C.

(3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–

(a)       is column A if the proceedings relate to any of the following offences:—

(i)        murder;

(ii)       multiple attempted murder;

(iii)      culpable homicide;

(iv)     rape;

(v)      assault and robbery involving commercial premises;

(vi)     importation of controlled drugs;

(vii)    an offence under section 1 of the 1988 Act (causing death by dangerous driving);

(viii)   an offence under the Explosive Substances Act 1883;

(ix)      a firearms offence;

(x)       incest;

(xi)      sodomy;

(xii)     sedition;

(xiii)    treason;

(xiv)   torture; and

(xv)    war crimes;

(b)       is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

[54](3A)  Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

(4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

(5) [55]The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees [56]and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–

(a)       travel;

(b)       attending locus visits;

(c)       work in connection with the taking of a witness precognition;

(d)       perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;

(e)       instructing expert witnesses;

(f)        conducting, or attending court when counsel is conducting, a hearing;

(g)       time spent waiting;

(h)       post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and

(i)        the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.

2. In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.
3. Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for–

(a)making a telephone call that is not answered;

(b)making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)framing a file note;

(d)framing a precognition following a meeting where a file note would suffice;

(e)perusing correspondence;

(f)a letter of acknowledgement, unless expressly requested or required;

(g)more than two consultations, except on cause shown;

(h)a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)[57]preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);

(k)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless-

(i)   the indictment, containing a libel against the client, proceeds to trial; or

(ii)   on or after the day fixed for trial, the Crown withdraws any libel against the client.

(l)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;

(m)preparing for a subsequent day of trial[58] if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;

(n)more than one solicitor attending a hearing, without the prior sanction of the Board;

(o)during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

(p)settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.

[59]3A.    (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.

(2)Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.

[60]Calculation of fees for time at court and travelling

3AA.  The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.

Research

3B.      The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:-

(a)the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and

(b)the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Time spent waiting and travelling

4. A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).

5.—(1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from–

(a)court, provided that–

(i)    a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)a meeting with the client–

(i)    in prison; or

(ii)    elsewhere, if the client is unable to travel on medical grounds;

(c)a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)a consultation with counsel or an expert witness;

(e)a locus inspection;

(f)an examination of productions.

(2) A fee for travelling time is chargeable in circumstances other than those listed in sub-paragraph (1) only if the Board, or as the case may be the auditor, is satisfied that it was necessary for the advancement of the case that the solicitor be physically present at the place travelled to.

(3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.

Transfer of agency

6. Where agency is transferred from one solicitor to another–

(a)the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

Uplifts

7.—(1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £13.06[61] for each quarter of an hour.

(2) This paragraph applies to a precognition in relation to solemn proceedings if–

(a)it is the first precognition of the client; or

(b)cause is shown that the statement had to be taken by a solicitor.

Interpretation

8. In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, [62]the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

PART 1
DETAILED FEES

 

	Summary Procedure	Solemn Procedure
1. In connection with the conduct of a hearing–
(a) in summary proceedings, the fee for –
(i) any time up to the first half hour spent by a solicitor conducting the hearing	£27.40	—
(ii) each quarter hour spent, subsequent to the first half hour, conducting the hearing	£13.70	—
(b) in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing		[63]£18.30
2. The fee for any of the following:–	£6.00	[64]£6.95
(a) each citation of a witness, including execution; (b) framing and drawing necessary papers other than those referred to in paragraph 3(c);
(c) instructing messengers at arms and sheriff officers, including examining execution and settling fee;
(d) lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(e); and
(e) letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3. The fee for any of the following:–	£2.40	[65]£2.75
(a) attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;
(b) short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;
(c) framing formal papers, including inventories and title pages, per sheet (or part thereof);
(d) revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and
(e) subject to paragraph 4(e), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
4. In connection with taking a precognition in relation to solemn proceedings–
(a) subject to paragraph 7 of the notes on the operation of Schedule 1, the fee for each hour (or part thereof) spent–
(i) travelling	—	[66]£11.55
(ii) taking a statement	—	[67]£11.55
(b) the fee for–
(i) framing the precognition, per sheet		[68]£2.40
(ii) each letter making arrangements for taking a statement		[69]£1.45
(iii) a telephone call, of any duration	—	[70]£0.95
[71]5. (a) There is no fee for photocopying-   (i)where fewer than 20 sheets are copied at any one time; (ii)in relation to the first 20 sheets copied at any one time.   (b)Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is –   (i)for each sheet copied for up to 10,000 sheets (ii)for each sheet copied in addition to the first 10,000 sheets	£0.05   £0.01	£0.05   £0.01
5A.[72] The fee for each quarter of an hour spent travelling –   (a) by a solicitor (b) by a solicitor’s clerk	£5.28 £2.63	[73]£6.10 [74]£3.05
6. The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs–
(a) by a solicitor, provided the time is additional to the total time charged for under paragraph 1	£10.55	[75]£12.20
(b) by a solicitor’s clerk	£5.25	[76]£6.10

 

PART 2
INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS

 

	Column A	Column B	Column C
1. The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where–
(a) at the first examination the client is either–
(i) not committed for further examination; or	£152.00	£133.00	£57.00
(ii) committed for further examination and admitted to bail.
(b) at the first examination the client is committed for further examination and not admitted to bail.	£228.00	£209.00	£133.00
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents	£57.00	£57.00	£57.00
3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case	£437.00	£304.00	£152.00
4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of–
(a) the first day of trial	£399.00	£285.00	£152.00
(b) a subsequent day of trial[77]	£152.00	£114.00	£38.00
[78]4A. The fee for preparation for   (a) a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty); (b) a hearing on a plea in bar of trial; (c) a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation.	£38.00	£38.00	£38.00
5. The fee for all work in connection with post conviction discussions , [79]advice and representation including advising and giving an opinion on the prospects of any appeal	[80]£177.00	[81]£177.00	[82]£101.00
6. Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:–	£152.00	£152.00	£152.00
(a) a devolution issue, in terms of Schedule 6 to the Scotland Act 1998(6);
[84](ab) a compatibility issue in terms of section 288ZA of the 1995 Act; (b) a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
(c) a specification of documents;
(d) a precognition on oath;
(e) an evidence on commission;
(f) an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
(g) a proof in mitigation; and
(h) an examination of facts.

 

 

[As amended by SSI 2023 No 135 in force 29 April 2023]

SCHEDULE 1A

FEES OF SOLICITORS

(From 29 April 2023)

Notes on the operation of Schedule 1A

Application of Schedule 1A

1.   Subject to paragraph 2, in relation to solemn criminal proceedings other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies—

(a)   the fees payable to a solicitor for all work are to be calculated in accordance with the fees prescribed in Part 2 of the Table of Fees (fees for solemn first instance proceedings), and

(b)   only the fees specified for that work in that Part are payable.

2.   Where a solicitor carries out any of the work described in the following sub-paragraphs, the fees referred to in that sub-paragraph or sub-paragraphs are payable in addition to the fees payable in accordance with paragraph 1—

(a)   attending an identification parade held by or on behalf of the prosecutor (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995), in connection with or in contemplation of criminal proceedings against the person so represented, in which case the fees specified in regulation 5 of these Regulations will apply;

(b)   work in connection with any appeal, or referral by the Lord Advocate, where those proceedings are covered by the grant of criminal legal aid in respect of the solemn first instance proceedings, in which case the fees specified in Part 1 of the Table of Fees (detailed fees) will apply to that work;

(c)   where confiscation proceedings are being brought against the accused, and the confiscation is treated as part of the sentencing process, work that is covered under any existing grant of criminal legal aid, in which case the fees specified in Part 1 of the Table of Fees (detailed fees) will apply to that work.

3.   In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with the fees prescribed in Part 1 of the Table of Fees (detailed fees).

4.   Without prejudice to the discretion of the Board or the auditor, where fees are calculated in accordance with the fees prescribed in Part 1 of the Table of Fees (detailed fees) no fee is chargeable for—

(a)   making a telephone call that is not answered;

(b)   making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;

(c)   framing a file note;

(d)   framing a precognition following a meeting where a file note would suffice;

(e)   perusing correspondence;

(f)   a letter of acknowledgement, unless expressly requested or required;

(g)   more than two consultations, except on cause shown;

(h)   a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;

(i)   more than one solicitor attending a meeting with the client, without the prior sanction of the Board;

(j)   preparing for a hearing;

(k)   more than one solicitor attending a hearing, without the prior sanction of the Board;

(l)   during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;

Solemn Fees - General

5.   Where a fee is payable under Part 2 of the Table of Fees (fees for solemn first instance proceedings) that fee includes any and all of the following work carried out in relation to the case to which the fee relates and accordingly no further claim may be made in relation to that work (whether such work is done by the nominated solicitor or by any other party)—

(a)   the taking, drawing, framing and perusal of precognitions;

(b)   the undertaking by a solicitor of any part of the work; and

(c)   photocopying.

6.   In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees (fees for solemn first instance proceedings) for the purposes of paragraph 1 of these Notes—

(a)   for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–

(i)   paragraph 3(a) is column A;

(ii)   paragraph 3(b) or (c) is column B;

(b)   for proceedings in the sheriff court is column C.

7.   In a case in which an indictment has not been served (unless the matter is reduced to summary proceedings), the relevant column of Part 2 of the Table of Fees (fees for solemn first instance proceedings) for the purposes of paragraph 1 of these Notes—

(a)   is column A if the proceedings relate to any of the following offences:—

(i)   murder;

(ii)   multiple attempted murder;

(iii)   culpable homicide;

(iv)   rape or an offence under section 1, 2, 3(2)(a) or any of sections 18 to 27 of the 2009 Act;

(v)   assault and robbery involving commercial premises;

(vi)   importation of controlled drugs;

(vii)   an offence under section 1 of the 1988 Act (causing death by dangerous driving); section 3A (causing death by careless driving when under the influence of drink or drugs) or 3ZB (causing death by driving while unlicensed or uninsured) of the 1988 Act;

(viii)   an offence under the Explosive Substances Act 1883;

(ix)   a firearms offence;

(x)   incest;

(xi)   sodomy

(xii)   sedition;

(xiii)   treason;

(xiv)   torture; and

(xv)   war crimes;

(xvi)   an offence under the 2000 Act or the Terrorism Act 2006;

(xvii)   an offence under section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015;

(b)   is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).

8.   In relation to paragraph 6 of these Notes—

(a)   where there is more than one offence on the indictment the applicable offence for the purpose of ascertaining the relevant column of Part 2 of the Table of Fees is to be determined as the Board, or as the case may be the auditor, considers appropriate, having regard to the offence on the indictment that in their view is the most serious;

(b)   where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.

9.   The fees prescribed in paragraphs 1, 3, 5 and 6 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) are payable only once in any proceedings which are covered by the grant of legal aid.

Solemn Fees - Perusal and Preparation

10.   In respect of perusal fees under paragraph 4 of Part 2 of the Table of Fees (fees for solemn first instance proceedings)—

(a)   where the disclosed material is a combination of statements etc. (payable on the basis of sheets considered), audio/video (payable on the basis of runtime), and other material (payable on the basis of reasonable time engaged), the standard fee will be calculated on the basis of the aggregate total of sheets, minutes of audio/video runtime and minutes reasonably engaged, payable per tranche of 250;

(b)   where the amount of disclosure exceeds 50,000 sheets or minutes in any case the first 50,000 sheets or minutes remain payable at the prescribed rate in the Tables of Fees, and each tranche of 250 in excess of 50,000 will be payable at 50% of the prescribed rate.

11.   Where a perusal fee is claimed under paragraph 4 of Part 2 of the Table of Fees (fees for solemn first instance proceedings)—

(a)   the fee payable is calculated on the basis of the documentation which has been actually and reasonably considered, due regard being had to economy;

(b)   the fee is only payable if the Board, or as the case may be the auditor, is satisfied that—

(i)   the level of perusal was necessary, reasonable and proportionate in all the circumstances of the case, and

(ii)   there has been due regard to the manner of perusal and reasonably available tools and aids;

(c)   the solicitor must—

(i)   produce, if requested, records providing a detailed summary of the nature of the work or, if applicable, the nature of the documentation perused, at each stage of the process, the time taken and when and where the work was undertaken, and

(ii)   retain, and if requested produce, any contemporaneous record or notes made in the course of the perusals.

   12.— (1)    The preparation fee under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) includes the perusal of—

(a)   the first 50 sheets, minutes or labels where a fee is payable under paragraph 5(a) or (c) of that Part of the Table of Fees;

(b)   the first 1,000 sheets, minutes or labels where a fee is payable under paragraph 5(b) of that Part of the Table of Fees.

   (2)    Where a preparation fee is payable under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings), a perusal fee under paragraph 4 of that Part is only payable in respect of any perusal not included in sub-paragraph (1).

   (3)    No fee is payable under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) until the case to which it relates has concluded.

   13.— (1)    The preparation fee payable under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) in a case will be determined—

(a)   subject to sub-paragraph (2), by how proceedings are finally disposed of in that case where—

(i)   a diet has been deserted pro loco et tempore; or

(ii)   a trial diet does not proceed and the procedure in section 81 of the Criminal procedure (Scotland) Act 1995 is followed;

(b)   where proceedings are covered by an existing grant of legal aid, in accordance with any guidance issued from time to time by the Board.

   (2)    Where upon re-indictment following desertion pro loco et tempore after trial commenced on an earlier indictment, the case is disposed of by any means, the solicitor may elect the fee payable under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) either on the basis of the prior indictment or the final disposal.

Solemn and Summary - Calculation of fees based on time charges

14.   The fees prescribed in paragraphs 1, 8 and 9 of Part 1 of the Table of Fees (detailed fees), and in paragraphs 7, 9, 10 and 11 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) are payable on the basis of the aggregate actual time engaged on the case, per day.

   15.— (1)    A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (whether such other case is legally aided or not).

   (2)    Waiting should be charged to the first case calling except where waiting time is in respect of multiple attendances for the same accused. In that case, the waiting fee should be apportioned equally between each of the relevant cases (whether the cases are legally aided or not).

   (3)    No waiting time is payable in respect of the period of time during the court’s lunch break.

16.—(1)   A fee for travelling time is chargeable only for time necessarily spent travelling to and from—

(a)   court, provided that—

(i)   a fee is chargeable for the work undertaken at the court; and

(ii)   the court is not in a town or place where the solicitor has a place of business;

(b)   a meeting with the client

(i)   in prison; or

(ii)   elsewhere, if the client is unable to travel on medical grounds;

(c)   a meeting with the Procurator Fiscal or Advocate Depute at their office;

(d)   a consultation with counsel or an expert witness provided that, where necessary, prior approval to engage their services has been obtained from the Board;

(e)   a locus inspection;

(f)   an examination of productions.

(2)   Where a fee for travelling time is claimed that falls within any of heads (b) to (f) of sub-paragraph (1) in respect of travel undertaken in relation to work for which a fee is payable under paragraphs 1 to 6 of Part 2 of the Table of Fees (fees for solemn first instance proceedings), no additional fee may be claimed in respect of any work done during that time spent travelling unless that work is separately chargeable in terms of paragraph 2(b) or (c) of these Notes.

(3)   A fee for travelling time is chargeable in circumstances other than those listed in sub-paragraph (1) only if the Board, or as the case may be the auditor, is satisfied that it was necessary for the advancement of the case that the solicitor be physically present at the place travelled to.

(4)   A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.

(5)   The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (whether legally aided or not) in connection with which the travel was undertaken.

(6)   The travel fees chargeable will be based on the total time engaged in travel that day.

(7)   Travel will be chargeable from the place of business or employment of the person travelling to the relevant location, except where travel—

(a)   commences from or concludes at that person’s place of residence (or both commences and concludes at that place), and

(b)   is of a shorter distance than travel to the relevant location from their place of business or employment would have been.

Solemn and Summary Cases - Research

17.—(1)   The fee prescribed in paragraph 9 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the conditions in sub-paragraph (2) are met.

(2)   The conditions are that

(a)   the case is either—

(i)   a summary case in respect of which—

(aa)   Part 1 of the Table of Fees (detailed fees) applies, and

(bb)   the Board considers the circumstances of the case to be exceptional, or

(ii)   a solemn case in which either—

(aa)   the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees), or

(bb)   fees are payable in terms of paragraph 2(b) or (c) of these Notes, and

(b)   the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.

Solemn Cases - Transfer of agency

18.   Where agency is transferred from one solicitor to another—

(a)   the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;

(b)   the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

(c)   in relation to the fees to which paragraph 9 of these Notes applies, no fee is payable to the transferring solicitor for a block of work not completed at the point of transfer unless and until the remaining work of that block is completed;

(d)   no fee is payable to the transferee solicitor under paragraph 4 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) in respect of any documentation that has already been made available and perused by the transferring solicitor where—

(i)   the transfer takes place post-conviction,

(ii)   the work is in relation to confiscation proceedings, and

(ii)   the work is covered under any existing grant of criminal legal aid.

Solemn Cases payable under Part 1 - Precognitions

19.—(1)   The fee for time spent by a solicitor in connection with a precognition to which this paragraph applies is—

(a)   for travelling, the fee prescribed in paragraph 8(a) of Part 1 of the Table of Fees (detailed fees);

(b)   for taking a statement, the fee prescribed in paragraph 9(a) of that Part of that Table.

(2)   This paragraph applies to a precognition in relation to solemn proceedings if—

(a)   the fees payable to a solicitor in relation to those proceedings are to be calculated in accordance with Part 1 of the Table of Fees (detailed fees); and

(b)   either—

(i)   it is the first precognition of the client; or

(ii)   cause is shown that the statement had to be taken by a solicitor.

Interpretation

20.   In this Schedule—

“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;

“hearing” includes diet;

“minute” means—

(a)   in relation to perusal work to which paragraph 4(b) of Part 2 of the Table of Fees (fees for solemn first instance proceedings) applies, a minute of running time of any un-transcribed audio or video recording; and

(b)   in relation to perusal work to which paragraph 4(c) of Part 2 of the Table of Fees (fees for solemn first instance proceedings) applies, a minute of the actual time spent perusing any documentation or material covered in that paragraph in a manner appropriate in all the circumstances of the case;

“other material” means telephony/computer records, outputs/labels/photographs or any material or documentation not otherwise covered by paragraph 4(a) or (b) of Part 2 of the Table of Fees (fees for solemn first instance proceedings).

a “page” shall consist of 125 words or numbers;

“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;

a “sheet” shall consist of 250 words or numbers; and

PART 1

DETAILED FEES

						Summary Procedure	Solemn Procedure
1.	In connection with the conduct of a hearing—
	(a)		in summary proceedings, the fee for—
			(i)	any time up to the first half hour spent by a solicitor conducting the hearing		£34.32
			(ii)	each quarter hour spent, subsequent to the first half hour, conducting the hearing		£17.17
	(b)		in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing				£21.48
2.	Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination.					£88.16	£88.16
3.	The fee for any of the following:—					£7.52	£8.17
	(a)		each citation of a witness, including execution;
	(b)		framing and drawing necessary papers other than those referred to in paragraph 4(c);
	(c)		instructing messengers at arms and sheriff officers, including examining execution and settling fee;
	(d)		lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 5(b)(iii); and
	(e)		letters, including instructions to counsel, per page (or part thereof), subject to paragraph 4(b).
4.	The fee for any of the following:—					£3.04	£3.25
	(a)		attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged;
	(b)		short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;
	(c)		framing formal papers, including inventories and title pages, per sheet (or part thereof);
	(d)		revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and
	(e)		subject to paragraph 5(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
5.	In connection with taking a precognition in relation to solemn proceedings—
	(a)		subject to paragraph 19 of the notes on the operation of schedule 1A, the fee for each hour (or part thereof) spent—
			(i)		travelling		£13.57
			(ii)		taking a statement		£13.57
	(b)		the fee for—
			(i)		framing the precognition, per sheet		£2.85
			(ii)		each letter making arrangements for taking a statement		£1.72
			(iii)		a telephone call, of any duration		£1.13
6.
	Subject to sub-paragraph 7, the fee for photocopying in relation to the proceedings is—
	(a)		for each sheet copied for up to 10,000 sheets			£0.05	£0.05
	(b)		for each sheet copied in addition to the first 10,000 sheets			£0.01	£0.01
7.
	There is no fee for photocopying—
	(a)		where fewer than 20 sheets are copied at any one time;
	(b)		in relation to the first 20 sheets copied at any one time.
8.	The fee for each quarter of an hour spent travelling—
	(a)		by a solicitor			£6.63	£7.18
	(b)		by a solicitor’s clerk			£3.31	£3.60
9.	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—
	(a)	by a solicitor, provided the time is additional to the total time charged for under paragraph 1				£13.23	£14.32
	(b)	by a solicitor’s clerk				£6.59	£7.18

 

PART 2

FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS

			Column A	Column B	Column C
1. The fee for all work except where prescribed in paragraph 2 or in paragraphs 6-10, from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law—
(a)	where at the first examination the client is either—		£178.31	£156.03	£66.88
	(i)	not committed for further examination; or
	(ii)	committed for further examination and admitted to bail.
(b)	in any other case		£267.47	£245.19	£156.03
2. The fee for all work in connection with a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents			£66.88	£66.88	£66.88
3. The fee for all forms of communications in the case including meetings, consultations, letters, telephone calls, etc. from the conclusion of the work in paragraph 1 up to and including the commencement of any work for which a fee is payable in accordance with paragraph 6.			£794.91	£567.79	£227.12
4. Perusal fee. Fee payable for any perusal not included in a fee claimed and payable under paragraph 5–
(a)	for the first 250 sheets of documentation where separately chargeable, and each subsequent 250 sheets,		£227.12	£227.12	£227.12
(b)	for each 250 minutes of recorded video or audio material, where separately chargeable,		£227.12	£227.12	£227.12
(c)	for each 250 minutes of other material, where separately chargeable.		£227.12	£227.12	£227.12
5. Preparation fee. Except where a separate fee is otherwise prescribed, the fee for all other work in the case from the conclusion of the work in paragraph 1, including perusal work (in respect of which see paragraph 12 of the Notes on the operation of this Schedule), where-
(a)	(i)	the case proceeds to trial,	£1,357.26	£1,130.14	£903.03
	(ii)	on or after the day fixed for trial, the Crown withdraws any libel against the client, or
	(iii)	a lesser plea is accepted by the Crown on the day the case has been brought to trial,
(b)	the case is disposed of by way of a hearing under section 76 of the 1995 Act,		£1,419.48	£1,419.48	£1,135.58
(c)	the case is disposed of by any other means.		£618.90	£519.54	£363.39
6. The fee for all work in connection with post-conviction discussions, including advising and giving an opinion on the prospects of any appeal			£207.65	£207.65	£118.50
7. The fee for each quarter of an hour spent by a solicitor conducting the hearing.			£23.46	£23.46	£23.46
8. Supplementary fee, payable in addition to the fee under paragraph 7, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination			£88.16	£88.16	£88.16
9. The fee, where counsel conducts the hearing, for each quarter of an hour spent by-
(a)	a solicitor,		£15.49	£15.49	£15.49
(b)	a solicitor's clerk,		£7.18	£7.18	£7.18
10. . The fee for each quarter of an hour spent waiting at court-
(a)	by a solicitor,		£14.32	£14.32	£14.32
(b)	by a solicitor's clerk,		£7.18	£7.18	£7.18
11. The fee for each quarter of an hour spent travelling-
(a)	by a solicitor,		£7.18	£7.18	£7.18
(b)	by a solicitor's clerk,		£3.60	£3.60	£3.60

 

[As amended by SSI 2024 No 119 in force 30 April 2024]

SCHEDULE 2

FEES OF COUNSEL

Regulation 10

PART 1

FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY

CHAPTER 1

JUNIOR COUNSEL

 

1A.	Written Work
(a)	[revoked]
(b)	Drafting devolution or compatibility minute			£170.35
(c)	Drafting section 275 application under the 1995 Act			£170.35
(d)	Drafting specification of documents			£141.95
(e)	Drafting interrogatories			£141.95
(f)	Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act			£141.95
(g)	Drafting written questions in respect of the first vulnerable witness or child witness			Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(h)	Drafting written questions in respect of the second and each subsequent, vulnerable witness or child witness			Payable at half rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(i)	Opinion on sentence			£85.18
(j)	Opinion in an appeal by way of Bill of Suspension or Stated Case			£141.95
(k)	Opinion in any other case			£227.12–£397.46
(l)	Drafting written submissions where ordered by the court			£350.00
1B.	Preliminary Hearing
(a)	Preliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence.		Payable at either— .
			(i)	one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel, or
			(ii)	in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(aa)	Preliminary hearing, adjourned or continued in which witnesses called to give evidence.		Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
			Junior as leader	Junior alone	Junior with leader
(b)	Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.		£431.52	£374.75	£255.51
(c)	Adjourned diet under section 75A of the 1995 Act, or continued diet		£431.52	£374.75	£255.51
(d)	Attendance at a managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing.		Payable at one-half of the fee prescribed at paragraph 1B(a) above.
(e)	Conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.		Payable at one-half of the fee prescribed at paragraph 1B(a) above.
			Junior as leader	Junior alone	Junior with leader
2.	Early Plea
	Hearing under section 76 of the 1995 Act.		£1,419.48	£1,419.48	£709.74
3.	Trial per day Category Charges Prosecuted in the High Court.
(a)	Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, Section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015.		£851.69	£738.13	£511.02
(b)	Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Offences under section 28 of the 2010 Act, Reckless and culpable conduct.		£701.24	£607.55	£425.85
(c)	Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace, Stalking, Offences under the Psychoactive Substances Act 2016.		£562.12	£488.31	£346.36
4.	Miscellaneous Hearings
(a)	fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed		£408.81	£357.72	£255.51
(aa)	judicial examination		£408.81	£357.72	£255.51
(b)	preliminary diet		£408.81	£357.72	£255.51
(c)	hearing under section 275 of the 1995 Act		£408.81	£357.72	£255.51
(d)	hearing on specification of documents		£408.81	£357.72	£255.51
(e)	hearing on a devolution or compatibility minute		£408.81	£357.72	£255.51
(f)	hearing on an application by the Crown for an extension of time		£408.81	£357.72	£255.51
(g)	hearing under section 72 of the 1995 Act		£204.41	£178.87	£127.77
(h)	hearing on a motion to adjourn		£204.41	£178.87	£127.77
(i)	hearing on an application for special measures		£204.41	£178.87	£127.77
(j)	confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in—
	(i)	paragraph 3(a)	£851.69	£738.13	£511.02
	(ii)	paragraph 3(b)	£701.24	£607.55	£425.85
	(iii)	paragraph 3(c)	£562.12	£488.31	£346.36
(k)	confiscation diet where no substantial evidence is led		£408.81	£357.72	£255.51
(l)	deferred sentence where mitigation is led		£408.81	£357.72	£255.51
(m)	deferred sentence where no mitigation is led		£204.41	£178.87	£127.77
(n)	remit for sentence		£408.81	£357.72	£255.51
(na)	drug treatment and testing order review		£204.41	£178.87	£127.77
(nb)	drug treatment and testing order review where mitigation led and order revoked		£408.81	£357.72	£255.51
(o)	adjourned trial diet		£204.41	£178.87	£127.77
(p)	adjourned trial diet (trial having commenced)		£408.81	£357.72	£255.51
(pa)	trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet		£408.81	£357.72	£255.51
(q)	trial within a trial		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(qa)	commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(r)	examination of the facts in a case of insanity or diminished responsibility		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(s)	proof in mitigation		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(t)	deferred sentence in which evidence is taken from an expert witness		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(u)	diet of debate		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
5.	Fee for consultations, accused and counsel meetings and locus visits or where counsel require to view joint investigative interviews		£238.48	£208.95	£153.32
5A.	Fee for abortive consultation		£119.24	£104.48	£76.67
6.	Fee for a necessary Note		£56.79	£56.79	£56.79
7.	Travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions		£113.56	£113.56	£113.56
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland		£227.12	£227.12	£227.12
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£125.14	£125.14	£125.14

 

[As amended by SSI 2024 No 119 in force 30 April 2024]

PART 1

FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY

CHAPTER 2

SENIOR COUNSEL

 

1A.	Written work
(a)	[revoked]
(b)	Drafting devolution or compatibility minute			£170.35
(c)	Drafting section 275 application under the 1995 Act			£170.35
(d)	Drafting specification of documents			£141.95
(e)	Drafting interrogatories			£141.95
(f)	Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act			£141.95
(g)	Drafting written questions in respect of the first vulnerable witness or child witness			Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(h)	Drafting written questions in respect of the second and each subsequent, vulnerable witness or child witness			Payable at half rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(i)	Opinion on sentence			£129.47
(j)	Opinion in an appeal by way of Bill of Suspension or Stated Case			£212.93
(k)	Opinion in any other case			£397.46–£794.91
(l)	Drafting written submissions where ordered by the court			£500.00
1B	Preliminary hearing
(a)	Preliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence.			Payable at either—
				(i)	one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel, or
				(ii)	in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(aa)	preliminary hearing, adjourned or continued in which witnesses called to give evidence			Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(b)	further diet which involves substantive debate or the resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act			£511.02
(c)	adjourned diet under section 75A of the 1995 Act, or continued diet			£511.02
(d)	attendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing			Payable at one-half of the fee prescribed at paragraph 1B(a) above
(e)	conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown			Payable at one-half of the fee prescribed at paragraph 1B(a) above.
2.	Early Plea
	Hearing under section 76 of the 1995 Act			£1,419.48
3.	Trial (per day) Category Charges Prosecuted in the High Court
(a)	Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015			£1,022.02
(b)	Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Offences under section 28 of the 2010 Act, Reckless and culpable conduct.			£794.91
(c)	Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Shameless indecency, Offences under the Sexual Offences Act 2003, Forgery, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace, Stalking, Offences under the Psychoactive Substances Act 2016			£635.93
4.	Miscellaneous Hearings
	(a)	fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed		£465.60
	(aa)	judicial examination		£465.60
	(b)	preliminary diet		£465.60
	(c)	hearing under section 275 of the 1995 Act		£465.60
	(d)	hearing on specification of documents		£465.60
	(e)	hearing on a devolution or compatibility minute		£465.60
	(f)	hearing on an application by the Crown for an extension of time		£465.60
	(g)	hearing under section 72 of the 1995 Act		£232.80
	(h)	hearing on a motion to adjourn		£232.80
	(i)	hearing on an application for special measures		£232.80
	(j)	confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in—
		(i)	paragraph 3(a)	£1,022.02
		(ii)	paragraph 3(b)	£794.91
		(iii)	paragraph 3(c)	£635.93
	(k)	confiscation diet where no substantial evidence is led		£465.60
	(l)	deferred sentence where mitigation is led		£465.60
	(m)	deferred sentence where no mitigation is led		£232.80
	(n)	remit for sentence		£465.60
	(na)	drug treatment and testing order review		£232.80
	(nb)	drug treatment and testing order review where mitigation led and order revoked		£465.60
	(o)	adjourned trial diet		£232.80
	(p)	adjourned trial diet (trial having commenced)		£465.60
	(pa)	trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet		£465.60
	(q)	trial within a trial		Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
	(qa)	commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
	(r)	examination of the facts in a case of insanity or diminished responsibility		Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
	(s)	proof in mitigation		Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
	(t)	deferred sentence in which evidence is taken from an expert witness		Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
	(u)	diet of debate		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
5.	Fee for consultations, accused and counsel meetings and locus visits or where counsel require to view joint investigative interviews			£283.90
5A.	Fee for abortive consultation			£141.95
6.	Fee for a necessary Note			£56.79
7.	Travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions			£113.56
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland			£227.12
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day			£125.14

 

---

([1]) Section 75A was inserted by section 15 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

[As amended by SSI 2024 No 216 in force 12 October 2024]

PART 2

FEES OF COUNSEL IN APPEAL PROCEEDINGS

CHAPTER 1

JUNIOR COUNSEL

 

					Junior as Leader	Junior Alone	Junior with Leader
1. Appeal against Sentence
(a)	drafting Grounds or Note of Appeal against sentence				£93.13	£93.13	£93.13
(b)	written Submissions in Appeal against Sentence				£141.95	£113.56	£85.18
(c)	any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal				£228.26	£170.35	£127.19
(d)	any hearing on appeal against sentence, including any consultation on the day of the appeal				£228.26	£170.35	£127.19
(e)	opinion (or note) on appeal against sentence (where not otherwise prescribed)				£85.18	£85.18	£85.18
2.	Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case
	(a)	drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case			£96.53– £302.07	£93.13–£227.12	£85.18–£170.35
	(b)	appearance at any hearing on Stated Case, Bill of Suspension or Advocation			£380.43	£283.90	£212.37
	(c)	opinion			£141.95	£141.95	£141.95
	(d)	drafting written submissions where ordered by the court			£96.53– £302.07	£93.13–£227.12	£85.18–£170.35
3.	Appeal against Conviction or Conviction and Sentence
	(a)	drafting Grounds of Appeal against conviction or conviction and sentence			£283.90–£476.95	£227.12–£397.46	£158.99–£340.68
	(b)	written Submissions in Appeal against conviction or conviction and sentence			£283.90–£476.96	£227.12–£397.46	£158.99–£340.68
	(d)	Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply)			£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
	(da)	Hearing on appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 applies)-
		(i)	Where the hearing lasts fewer than 3 hours		£448.56	£397.46	£283.90
		(ii)	Where the hearing lasts more than 3 hours, but fewer than 6 hours		£530.33-£824.43	£379.30–£624.58	£303.21-£473.54
		(iii)	Where the hearing last 6 hours or more
			(aa)	for each 6 hour period	£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
			(ab)	for any remaining period of fewer than 3 hours	£448.56	£397.46	£283.90
			(ac)	for any remaining period of more than 3 hours	£505.07- £785.17	£379.30–£624.58	£303.21-£473.54
	(e)	opinion			£283.90–£454.23	£227.12–£397.46	£158.99–£340.68
4.	Appeal Hearing before a Full Bench (5 or more Judges)
	(a)	all work in connection with an appeal hearing before a Full Bench except under (b) below			£283.90– £476.96	£1,135.58	£851.69
	(b)	drafting written submissions where ordered by the court			£283.90– £476.96	£227.12– £397.46	£158.99– £340.68
5.	Appeals in relation to Bail or Interim Liberation
	(a)	all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below			£34.08	£34.08	£34.08
	(ab)	all work in connection with a continued diet in relation to such an appeal			£34.08	£34.08	£34.08
	(b)	all work in connection with an application for interim liberation before 3 judges			£158.99	£113.56	£85.18
6.	Appeals Conduct Other
	(a)	hearing on petition to the Nobile Officium			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(b)	reference to the High Court (devolution issue)			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(c)	Appeal arising from pre-trial or continuing trial hearing			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(ca)	Appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(cb)	referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(d)	opinion			£283.90–£454.23	£227.12–£397.46	£158.99–£340.68
	(e)	drafting written submissions where ordered by the court			£283.90– £476.96	£227.12– £397.46	£158.99– £340.68
6A.	Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2—
	(a)	applies			£408.81	£357.72	£255.51
	(b)	does not apply			£170.35	£170.35	£170.35
7.	Appeals Written Work Other
	(a)	drafting Devolution or compatibility Minute			£170.35	£170.35	£170.35
	(b)	drafting Petition to the Nobile Officium			£255.51	£255.51	£255.51
	(c)	opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions)			£56.79	£56.79	£56.79
8.	Consultations				£238.48	£208.95	£153.32
9.	Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions					£113.56	£113.56	£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland					£227.12	£227.12	£227.12
10.	Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day					£125.14	£125.14	£125.14
11.	Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case				£283.90–£908.46	£227.12–£794.91	£158.99–£681.35

 

 

[As amended by SSI 2024 No 119 in force 30 April 2024]

PART 2

FEES OF COUNSEL IN APPEAL PROCEEDINGS

CHAPTER 1

JUNIOR COUNSEL

 

					Junior as Leader	Junior Alone	Junior with Leader
1. Appeal against Sentence
(a)	drafting Grounds or Note of Appeal against sentence				£93.13	£93.13	£93.13
(b)	written Submissions in Appeal against Sentence				£141.95	£113.56	£85.18
(c)	any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal				£228.26	£170.35	£127.19
(d)	any hearing on appeal against sentence, including any consultation on the day of the appeal				£228.26	£170.35	£127.19
(e)	opinion (or note) on appeal against sentence (where not otherwise prescribed)				£85.18	£85.18	£85.18
2.	Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case
	(a)	drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case			£96.53– £302.07	£93.13–£227.12	£85.18–£170.35
	(b)	appearance at any hearing on Stated Case, Bill of Suspension or Advocation			£380.43	£283.90	£212.37
	(c)	opinion			£141.95	£141.95	£141.95
3.	Appeal against Conviction or Conviction and Sentence
	(a)	drafting Grounds of Appeal against conviction or conviction and sentence			£283.90–£476.95	£227.12–£397.46	£158.99–£340.68
	(b)	written Submissions in Appeal against conviction or conviction and sentence			£283.90–£476.96	£227.12–£397.46	£158.99–£340.68
	(d)	Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply)			£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
	(da)	Hearing on appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 applies)-
		(i)	Where the hearing lasts fewer than 3 hours		£448.56	£397.46	£283.90
		(ii)	Where the hearing lasts more than 3 hours, but fewer than 6 hours		£530.33-£824.43	£379.30–£624.58	£303.21-£473.54
		(iii)	Where the hearing last 6 hours or more
			(aa)	for each 6 hour period	£794.91–£1,236.65	£567.79–£936.86	£454.23–£709.74
			(ab)	for any remaining period of fewer than 3 hours	£448.56	£397.46	£283.90
			(ac)	for any remaining period of more than 3 hours	£505.07- £785.17	£379.30–£624.58	£303.21-£473.54
	(e)	opinion			£283.90–£454.23	£227.12–£397.46	£158.99–£340.68
4.	Appeal Hearing before a Full Bench (5 or more Judges)				£1,476.25	£1,135.58	£851.69
5.	Appeals in relation to Bail or Interim Liberation
	(a)	all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below			£34.08	£34.08	£34.08
	(ab)	all work in connection with a continued diet in relation to such an appeal			£34.08	£34.08	£34.08
	(b)	all work in connection with an application for interim liberation before 3 judges			£158.99	£113.56	£85.18
6.	Appeals Conduct Other
	(a)	hearing on petition to the Nobile Officium			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(b)	reference to the High Court (devolution issue)			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(c)	Appeal arising from pre-trial or continuing trial hearing			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(ca)	Appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(cb)	referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act			£794.91-£1,236.65	£567.79–£936.86	£454.23–£709.74
	(d)	opinion			£283.90–£454.23	£227.12–£397.46	£158.99–£340.68
6A.	Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2—
	(a)	applies			£408.81	£357.72	£255.51
	(b)	does not apply			£170.35	£170.35	£170.35
7.	Appeals Written Work Other
	(a)	drafting Devolution or compatibility Minute			£170.35	£170.35	£170.35
	(b)	drafting Petition to the Nobile Officium			£255.51	£255.51	£255.51
	(c)	opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions)			£56.79	£56.79	£56.79
8.	Consultations				£238.48	£208.95	£153.32
9.	Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions					£113.56	£113.56	£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland					£227.12	£227.12	£227.12
10.	Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day					£125.14	£125.14	£125.14
11.	Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case				£283.90–£908.46	£227.12–£794.91	£158.99–£681.35

 

 

[As amended by SSI 2024 No 216 in force 12 October 2024]

PART 2

FEES OF COUNSEL IN APPEAL PROCEEDINGS

CHAPTER 2

SENIOR COUNSEL

 

					Senior
1.	Appeal against Sentence
	(a)	drafting Grounds or Note of Appeal against sentence			£140.82
	(b)	written Submissions in Appeal against Sentence			£172.61
	(c)	any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal			£258.92
	(d)	any hearing on appeal against sentence, including any consultation on the day of the appeal			£258.92
	(e)	opinion (or note) on appeal against sentence (where not otherwise prescribed)			£129.47
2.	Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case
	(a)	drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case			£140.82–£340.68
	(b)	appearance at any hearing on Stated Case, Bill of Suspension or Advocation			£446.29
	(c)	opinion			£212.93
	(d)	drafting written submissions where ordered by the court			£140.82-£340.68
3.	Appeal against Conviction or Conviction and Sentence
	(a)	drafting Grounds of Appeal against conviction or conviction and sentence			£283.90–£574.61
	(b)	written Submissions in Appeal against conviction or conviction and sentence			£283.90–£574.61
	(d)	Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply)			£1,022.02–£1,419.48
	(da)	Hearing on appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 applies)-
		(i)	Where the hearing lasts fewer than 3 hours		£511.02
		(ii)	Where the hearing lasts more than 3 hours, but fewer than 6 hours		£681.35–£947.08
		(iii)	Where the hearing last 6 hours or more—
			(aa)	for each 6 hour period	£1,022.02–£1,419.48
			(ab)	for any remaining period of fewer than 3 hours	£511.02
			(ac)	for any remaining period of more than 3 hours	£681.35–£947.08
	(e)	opinion			£397.46–£794.91
4.	Appeal Hearing before a Full Bench (5 or more Judges)
	(a)	all work in connection with an appeal hearing before a Full Bench except under (b) below			£1,703.37
	(b)	drafting written submissions where ordered by the court			£283.90-£574.61
5.	Appeals in relation to Bail or Interim Liberation
	(a)	all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below			£56.79
	(ab)	all work in connection with a continued diet in relation to such an appeal			£56.79
	(b)	all work in connection with an application for interim liberation before 3 judges			£170.35
6.	Appeals Conduct Other
	(a)	hearing on petition to the Nobile Officium			£1,022.02–£1,419.48
	(b)	reference to the High Court (devolution issue)			£1,022.02–£1,419.48
	(c)	appeal arising from pre-trial or continuing trial hearing			£1,022.02–£1,419.48
	(ca)	Appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act			£1,022.02–£1,419.48
	(cb)	referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act			£1,022.02–£1,419.48
	(d)	opinion			£397.46–£794.91
	(e)	drafting written submissions where ordered by the court			£283.90–£574.61
6A.	Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2—
	(a)	applies			£465.60
	(b )	does not apply			£170.35
7.	Appeals Written Work Other
	(a)	drafting Devolution or compatibility Minute			£170.35
	(b)	drafting Petition to the Nobile Officium			£255.51
	(c)	opinion in connection with an application under section 94(2A) of the 1995 Act (transcripts of record and documentary productions)			£56.79
8.	Consultations				£283.90
9.	Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions					£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland					£227.12
10.	Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day					£125.14
11.	Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case				£397.46–£1,589.81

 

[As amended by SSI 2024 No 119 in force 30 April 2024]

PART 2

FEES OF COUNSEL IN APPEAL PROCEEDINGS

CHAPTER 2

SENIOR COUNSEL

 

					Senior
1.	Appeal against Sentence
	(a)	drafting Grounds or Note of Appeal against sentence			£140.82
	(b)	written Submissions in Appeal against Sentence			£172.61
	(c)	any hearing under sections 107 and 187 of the 1995 Act, including any consultation on the day of the appeal			£258.92
	(d)	any hearing on appeal against sentence, including any consultation on the day of the appeal			£258.92
	(e)	opinion (or note) on appeal against sentence (where not otherwise prescribed)			£129.47
2.	Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case
	(a)	drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case			£140.82–£340.68
	(b)	appearance at any hearing on Stated Case, Bill of Suspension or Advocation			£446.29
	(c)	opinion			£212.93
3.	Appeal against Conviction or Conviction and Sentence
	(a)	drafting Grounds of Appeal against conviction or conviction and sentence			£283.90–£574.61
	(b)	written Submissions in Appeal against conviction or conviction and sentence			£283.90–£574.61
	(d)	Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply)			£1,022.02–£1,419.48
	(da)	Hearing on appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 applies)-
		(i)	Where the hearing lasts fewer than 3 hours		£511.02
		(ii)	Where the hearing lasts more than 3 hours, but fewer than 6 hours		£681.35–£947.08
		(iii)	Where the hearing last 6 hours or more—
			(aa)	for each 6 hour period	£1,022.02–£1,419.48
			(ab)	for any remaining period of fewer than 3 hours	£511.02
			(ac)	for any remaining period of more than 3 hours	£681.35–£947.08
	(e)	opinion			£397.46–£794.91
4.	Appeal Hearing before a Full Bench (5 or more Judges)				£1,703.37
5.	Appeals in relation to Bail or Interim Liberation
	(a)	all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below			£56.79
	(ab)	all work in connection with a continued diet in relation to such an appeal			£56.79
	(b)	all work in connection with an application for interim liberation before 3 judges			£170.35
6.	Appeals Conduct Other
	(a)	hearing on petition to the Nobile Officium			£1,022.02–£1,419.48
	(b)	reference to the High Court (devolution issue)			£1,022.02–£1,419.48
	(c)	appeal arising from pre-trial or continuing trial hearing			£1,022.02–£1,419.48
	(ca)	Appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act			£1,022.02–£1,419.48
	(cb)	referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act			£1,022.02–£1,419.48
	(d)	opinion			£397.46–£794.91
6A.	Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2—
	(a)	applies			£465.60
	(b )	does not apply			£170.35
7.	Appeals Written Work Other
	(a)	drafting Devolution or compatibility Minute			£170.35
	(b)	drafting Petition to the Nobile Officium			£255.51
	(c)	opinion in connection with an application under section 94(2A) of the 1995 Act (transcripts of record and documentary productions)			£56.79
8.	Consultations				£283.90
9.	Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions					£113.56
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland					£227.12
10.	Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day					£125.14
11.	Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case				£397.46–£1,589.81

 

[As amended by SSI 2024 No 119 in force 30 April 2024]

PART 3

FEES FOR PROCEEDINGS IN THE SHERIFF AND JUSTICE OF THE PEACE COURT

CHAPTER 1

JUNIOR COUNSEL

 

 

1A.	Written work
(a)	[revoked]
(b)	drafting devolution or compatibility minute			£170.35
(c)	drafting section 275 application under the 1995 Act			£170.35
(d)	drafting specification of documents			£141.95
(e)	drafting interrogatories			£141.95
(f)	drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act			£141.95
(g)	Drafting written questions in respect of the first vulnerable witness or child witness			Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(h)	Drafting written questions in respect of the second, and each subsequent, vulnerable witness or child witness			Payable at half rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(i)	Opinion on sentence			£85.18
(j)	Opinion in an appeal by way of Bill of Suspension or Stated Case			£141.95
(k)	Opinion in any other case			£227.12–£397.46
(l)	Drafting written submissions where ordered by the court			£280.00
1AA.	First Diet – Fees for all work in relation to a first diet in any case where the indictment is served on or after 25 September 2023
(a)	First diet including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence		Payable at either— .
			(i)	one and a half times the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel, or
			(ii)	in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(b)	First diet, adjourned or continued in which witnesses called to give evidence.		Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel.
			Junior as leader	Junior alone	Junior with leader
(c)	Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.		£345.22	£299.80	£204.41
(d)	Adjourned diet under section 75A of the 1995 Act, or continued diet		£345.22	£299.80	£204.41
(e)	Attendance at all managed meetings or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend the first diet.		Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
(f)	Conduct of first diet on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.		Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
			Junior as leader	Junior alone	Junior with leader
1B.	Early Plea
	Hearing under section 76 of the 1995 Act		£1,419.48	£1,419.48	£709.74
2.	Trial (per day) Category Charges Prosecuted in the Sheriff Court
(a)	Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Torture, War crimes, Rape, Multiple attempted murder, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015		£735.30	£652.97	£408.81
(b)	Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace, Offences under section 28 of the 2010 Act, Reckless and culpable conduct, Stalking, Offences under the Psychoactive Substances Act 2016		£562.12	£488.31	£346.36
3.	Miscellaneous Hearings
(a)	fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed		£327.06	£286.17	£204.41
(aa)	judicial examination		£327.06	£286.17	£204.41
(b)	preliminary diet		£327.06	£286.17	£204.41
(c)	hearing under section 275 of the 1995 Act		£327.06	£286.17	£204.41
(d)	hearing on specification of documents		£327.06	£286.17	£204.41
(e)	hearing on a devolution or compatibility minute		£327.06	£286.17	£204.41
(f)	hearing on an application by the Crown for an extension of time		£327.06	£286.17	£204.41
(g)	[revoked]
(h)	hearing on a Motion to adjourn		£163.53	£143.09	£102.21
(i)	hearing on an application for special measures		£163.53	£143.09	£102.21
(j)	confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in
	(i)	paragraph 2(a)	£735.30	£652.97	£408.81
	(ii)	paragraph 2(b)	£562.12	£488.31	£346.36
(k)	confiscation diet where no substantial evidence is led		£327.06	£286.17	£204.41
(l)	deferred sentence where mitigation is led		£327.06	£286.17	£204.41
(m)	deferred sentence where no mitigation is led		£163.53	£143.09	£102.21
(ma)	drug treatment and testing order review		£163.53	£143.09	£102.21
(mb)	drug treatment and testing order review where mitigation is led and order revoked		£327.06	£286.17	£204.41
(n)	adjourned trial diet		£163.53	£143.09	£102.21
(o)	adjourned trial diet (trial having commenced)		£327.06	£286.17	£204.41
(oa)	trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet		£327.06	£286.17	£204.41
(p)	trial within a trial		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(pa)	commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(q)	examination of the facts in a case of insanity or diminished responsibility		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(r)	proof in mitigation		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(s)	deferred sentence in which evidence is taken from an expert witness		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(t)	first diet in a case where the indictment is served before 25 September 2023		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(u)	diet of debate		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
4.	Fee for consultations, accused and counsel meetings and locus visits,or where counsel require to view joint investigative interviews		£202.14	£174.89	£122.66
4A.	Fee for abortive consultation		£101.08	£87.45	£61.34
5.	Fee for a necessary Note		£56.79	£56.79	£56.79
6.	Travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions		£113.56	£113.56	£113.56
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland		£227.12	£227.12	£227.12
7.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£125.14	£125.14	£125.14

 

[As amended by SSI 2024 No 119 in force 30 April 2024]

PART 3

FEES FOR PROCEEDINGS IN THE SHERIFF AND JUSTICE OF THE PEACE COURT

CHAPTER 2

SENIOR COUNSEL

 

 

1A.	Written work
(a)	[revoked]
(b)	Drafting devolution or compatibility minute		£170.35
(c)	Drafting section 275 application under the 1995 Act		£170.35
(d)	Drafting specification of documents		£141.95
(e)	Drafting interrogatories		£141.95
(f)	Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act		£141.95
(g)	Drafting written questions in respect of the first vulnerable witness or child witness		Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(h)	Drafting written questions in respect of the second or each subsequent vulnerable witness or child witness		Payable at half rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(i)	Opinion on sentence		£129.47
(j)	Opinion in an appeal by way of Bill of Suspension or Stated Case		£212.93
(k)	Opinion in any other case		£397.46–£794.91
(l)	Drafting written submissions where ordered by the court		£400.00
1AA	First Diet – Fees for all work in relation to a first diet in any case where the indictment is served on or after 25 September 2023
(a)	First diet including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence.		Payable at either— .
			(i)	one and a half times the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel, or
			(ii)	in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(b)	First diet, adjourned or continued in which witnesses called to give evidence.		Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel.
(c)	Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.		£408.82
(d)	Adjourned diet under section 75A of the 1995 Act, or continued diet		£408.82
(e)	Attendance at all managed meetings or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend the first diet.		Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
(f)	Conduct of first diet on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.		Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
1B.	Early Plea
	Hearing under section 76 of the 1995 Act		£1,419.48
2.	Trial (per day) Category Charges prosecuted in the Sheriff Court
(a)	Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015		£817.62
(b)	Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 of 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace, Offences under section 28 of the 2010 Act , Reckless and culpable conduct, Stalking, Offences under the Psychoactive Substances Act 2016		£635.93
3.	Miscellaneous Hearings
(a)	fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed		£372.48
(aa)	judicial examination		£372.48
(b)	preliminary diet		£372.48
(c)	hearing under section 275 of the 1995 Act		£372.48
(d)	hearing on specification of documents		£372.48
(e)	hearing on a devolution or compatibility minute		£372.48
(f)	hearing on an application by the Crown for an extension of time		£372.48
(g)	[revoked]
(h)	hearing on a motion to adjourn		£186.24
(i)	hearing on an application for special measures		£186.24
(j)	confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in—
	(i)	paragraph 2(a)	£817.62
	(ii)	paragraph 2(b)	£635.93
(k)	confiscation diet where no substantial evidence is led		£372.48
(l)	deferred sentence where mitigation is led		£372.48
(m)	deferred sentence where no mitigation is led		£186.24
(ma)	drug treatment and testing order review		£186.24
(mb)	drug treatment and testing order review where mitigation is led and order revoked		£372.48
(n)	adjourned trial diet		£186.24
(o)	adjourned trial diet (trial having commenced)		£372.48
(oa)	trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet		£372.48
(p)	trial within a trial		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(pa)	commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(q)	examination of the facts in a case of insanity or diminished responsibility		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(r)	proof in mitigation		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(s)	deferred sentence in which evidence is taken from an expert witness		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(t)	first diet in a case where indictment served before 25 September 2023		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(u)	diet of debate		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
4.	Fee for consultations, accused and counsel meetings and locus visits, or where counsel require to view joint investigative interviews		£227.12
4A.	Fee for abortive consultation		£113.56
5.	Fee for necessary Note		£56.79
6.	Travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions		£113.56
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland		£227.12
7.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£125.14

 

[As at 15 November 2023]

SCHEDULE 2

FEES OF COUNSEL

Regulation 10

   Notes on the operation of Schedule 2

   1.    Subject to the following provisions of this Schedule, fees including those within a range of fees, shall be determined or calculated by the Board, and in the event of a question or dispute by the auditor, in accordance with the Table of Fees in this Schedule.

   2.    Where the Table of Fees does not prescribe a fee for any item of work the Board, or as the case may be the auditor, shall allow such fee as appears appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.

   3.    In the assessment and taxation of counsel's fees–

(a)   counsel's fees are allowed only where the Board has sanctioned the employment of counsel or counsel is automatically available;

(b)   junior counsel’s fees shall be allowable as prescribed in Chapter 1 of Parts I to III of the Table of Fees even where sanction has been granted for the employment of senior counsel in the case, except in any case to which sub-paragraph (c) and sub-paragraph (ca) below applies;

(c)   where a junior as leader (that is, the principally instructed junior as leader in the proceedings) is representing an accused person in a multiple accused case at first instance and where any co-accused is represented by senior counsel, the fees payable to junior as leader shall be those prescribed in the Table of Fees for junior as leader, and the fees payable to any junior counsel assisting junior as leader shall be those of junior with leader;

(ca)   where junior counsel being led is unable to appear at a trial diet hearing, and the junior as leader has sought and has been granted leave of the court to continue alone at the trial diet hearing, the fee payable to junior as leader will be those prescribed in the Table of Fees for junior as leader.

(cb)   where junior counsel is being led, the fee payable for any of the following is that of junior being led, except in respect of any work where junior counsel acts alone and senior counsel or junior as leader has no involvement (in respect of which work only the fee payable is that of junior alone)—

(i)   all managed meetings or other work under either paragraph 1B(d) of Chapter 1 of Part 1 or paragraph 1AA(e) of Chapter 1 of Part 3 of the Table of Fees,

(ii)   the conduct of a preliminary hearing under paragraph 1B(e) of Chapter 1 of Part 1 of the Table of Fees,

(iii)   the conduct of a First Diet under paragraph 1AA(f) of Chapter 1 of Part 3 of the Table of Fees,

(d)   except on cause shown, fees for only two consultations in the case shall be allowed;

(e)   except on cause shown (and subject to sub-paragraphs (ea) and (eb)), fees for senior counsel or, as the case may be, for both senior and junior counsel or for more than one junior counsel shall not be payable for attendance at hearings which do not require the attendance of senior or, as the case may be, both senior and junior counsel or more than one junior counsel;

(ea)   a fee is to be allowed to one counsel only in respect of a hearing of the type described in paragraph 6A of chapters 1 and 2 of Part 2 of the Table of Fees that did not involve a debate, motion for re-trial or further procedure;

(eb)   a fee, under Part 1 or 3 of the Table of Fees, is to be allowed to one counsel only in respect of-

(i)   a diet of deferred sentence, except where there is in contemplation the imposition of any of the following-

(a)   a mandatory or discretionary life sentence;

(b)   an order for lifelong restriction;

(c)   any disposal under Part 6 of the 1995 Act (mental disorder), or where there is a hearing of evidence in mitigation; and

(ii)   a continued preliminary hearing, except where such hearing is either in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, or is designated as a hearing at which any of the following matters is intended to be heard-

(a)   a preliminary minute;

(b)   a preliminary issue;

(c)   a devolution or compatibility minute;

(d)   an application under section 275 of the 1995 Act;

(e)   a petition to recover documents under a specification of documents where the petition is opposed or likely to involve substantive legal argument,

or an evidential hearing or any other hearing involving substantive legal argument;

(f)   except on cause shown, the auditor shall not have regard to any information produced by counsel at taxation which was not made available to the Board at the time the Board made the offer to counsel which is subject to taxation;

(g)   although counsel may keep records of professional services based on the number of hours expended on the work, counsel shall not be entitled to fees at an hourly rate in addition to the fees prescribed in the Table of Fees; and

(h)   correspondence, telephone calls and meetings between counsel acting for the same assisted person are not allowable as separate items and shall be subsumed within the fees set out for the conduct of a hearing.

(i)   all written work done (including work revising any document) is included within the fees payable to counsel and, except for written work for which a fee is separately prescribed in the Table of Fees, no separate charges may be made.

Appeals (and other proceedings where specified)

   4.    In a hearing as specified in paragraph 1(c) or (d) or 2(b) of Chapter 1 or 2 of Part 2 of the Table of Fees which is set down for half a day or longer or where the appellant has been sentenced to a period of imprisonment of 10 years or more, to life imprisonment or where an order for lifelong restriction has been made, the fee payable shall be that in the range specified in paragraph 3(d) of Chapter 1 or 2 of Part 2 respectively.

   4A.    Where a hearing on a bill of advocation is set down for half a day or longer,counsel is to be paid (in addition to the fees payable under paragraph 2 of the applicable Chapter of Part 2 of the Table of Fees) a fee for relative written work in the range specified in paragraph 3(b) of the applicable Chapter of Part 2 of the Table of Fees.

   5.    Subject to paragraphs 9 to 11B below, the fees including those within a range of fees, as prescribed in Part 2 of the Table of Fees, shall include all preparation.

   6.    Where counsel is seeking a higher fee within the range under paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1, paragraph 3(d) or (da) or 6(a), (b), (c), (ca) or (cb) (hearings) of Chapter 1 or 2 of Part 2 or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3, he or she will need to justify this by establishing that due to the nature of the case an unusually high level of preparation was required or that any of the factors below exist and that they have had a significant effect on the conduct of the case:—

(a)   novelty of the issues of law;

(b)   unusually complex issues of fact;

(c)   issues of considerable legal significance.

   7.    Where the Auditor determines the appropriate fee he or she shall specify which of the factors in paragraph 6 justify such a fee and the extent to which each of those factors contribute to that fee.

   8.    Where counsel is seeking a higher fee within the range under paragraph 2(a), 3(a), (b), (e), 6(d) or 11 (written work) of Chapter 1 or 2 of Part 2 he or she will need to justify this by reference to either or both of the following factors:—

(a)   the content rather than the length of the document; and

(b)   the amount of documentation necessarily referred to.

   9.    Where a hearing has been fixed in an appeal under paragraph 3, 4 or 6 of Chapter 1 or 2 of Part 2 of the Table of Fees counsel may claim an additional fee for preparation for the hearing only where:—

(a)   it is set down for a day or more and counsel has spent more than 2 hours per day on preparation; or

(b)   the case is abnormal in magnitude, or difficulty, or in any other material respect.

   10.    Where an additional fee for preparation is claimed counsel must provide the Board

with details of the nature of the preparation including:—

(a)   where a higher fee has been claimed or received within a range of fees, identification of the part or parts of that fee which relate to those factors mentioned in subparagraphs (a) to (c) of paragraph 6 above or to the factor of an unusually high level of preparation;

(b)   records providing a detailed summary of the nature of the work or, if applicable, the nature of the documentation perused at each stage of the process, the time taken and when and where the work was undertaken and the details of authorities referred to in the course of preparation; and

(c)   any contemporaneous record or notes made in the course of preparation.

   11.    Except on cause shown, an additional fee for preparation shall only be allowable once to both junior and senior counsel notwithstanding that the assisted person may be represented by more than one junior or senior counsel or both during the course of the case.

   11A.    In assessing the amount of time for which an additional fee for preparation is payable the Board, or the Auditor as the case may be, will consider the amount of time that is reasonable having regard to the following factors:—

(a)   the facts and circumstances of the case; and

(b)   the extent to which payment for preparation is already covered by the prescribed fee or the fee deemed appropriate within the range of fees, taking into account that in cases set down for a day or more 2 hours preparation is covered by that fee by virtue of paragraph 9(a).

   11B.    The additional fee shall be calculated by dividing the time allowed for additional

preparation in terms of paragraph 11A above into units of 8 hours, each unit payable at the rate of two thirds of the prescribed fee or the fee deemed appropriate within the range of fees in Chapter 1 or 2 of Part II of the Table of Fees.

   11C.—(1)    This paragraph applies in relation to a hearing on appeal against conviction or conviction and sentence if rule 15.15A (requirement for case and argument) of the Act of Adjournal (Criminal Procedure Rules) 1996 applies to all aspects of the appeal.

(2)    For the purposes of sub-paragraph (1), rule 15.15A is to be deemed to apply to an appeal if the court has ordered under rule 19.18A (presentation of summary conviction appeals in writing) of the Act of Adjournal (Criminal Procedure Rules) 1996 that rules 15.15A and 15.15B of those Rules are to apply to the appeal as if it were an appeal to which those rules apply.

(3)    In respect of a hearing in the course of an appeal against conviction or against conviction and sentence to which this paragraph applies, a fee is to be paid under paragraph 3(da) of Chapter 1, or as the case may be Chapter 2, of Part 2 of the Table of Fees.

(4)    In respect of a hearing in the course of an appeal against conviction or against conviction and sentence to which this paragraph does not apply, a fee is to be paid under paragraph 3(d) of Chapter 1, or as the case may be Chapter 2, of Part 2 of the Table of Fees.

   11D.    In Chapters 1 and 2 of Part 2 of the Table of Fees, the fees prescribed in paragraphs 1 to 6 do not apply to a hearing of the type described in paragraph 6A in each of those Chapters.

   11E.    This paragraph applies to a hearing of the type described in paragraph 6A of Chapters 1 and 2 of Part 2 of the Table of Fees if the Board is satisfied that a fee in accordance with paragraph 6A(a) of the relevant Chapter is justified on the grounds that the hearing involved a debate, motion for re-trial or further procedure.

   11F.    A fee is to be allowed to counsel for an opinion concluding that there is no stateable appeal case only if—

(a)   the counsel who prepared the opinion did not represent the assisted person at the trial; and

(b)   the Board, or as the case may be the auditor, is satisfied that it would not have been possible, or would not have been reasonable, in the circumstances for the counsel who represented the assisted person at the trial to have prepared the opinion.”.

Proceedings in the High Court of Justiciary (other than appeals) and the Sheriff Court

   12.    Subject to paragraphs 13 to 15 below, the fees prescribed in Parts I and III of the Table of Fees in this Schedule shall include all preparation.

   13.    A fee for separate preparation shall be allowed only on the following conditions:–

(a)   such a fee is allowable only once in any case to junior or senior, junior and senior and junior and junior counsel representing an applicant or assisted person, notwithstanding that the applicant or assisted person is represented by more than one junior or senior counsel during the course of the case;

(b)   in allowing such a fee the Board, or as the case may be the auditor, must be satisfied that the level of preparation was necessary, reasonable and proportionate in all the circumstances of the case;

(c)   counsel shall produce records providing a detailed summary of the nature of the work or, if applicable, the nature of the documentation perused, at each stage of the process, the time taken and when and where the work was undertaken and shall retain and produce, if requested, any contemporaneous record or notes made in the course of preparation; and

(d)   except in the circumstances described in paragraph 14(c), such a fee is not payable until the case to which it relates has concluded.

(e)   Where paragraph 14(c) applies–

(i)   the preparation fee payable to trial counsel prior to the conclusion of the case may not exceed 50% of the sums payable at the point of conviction, and

(ii)   the balance of any preparation fee is payable only when the case to which it relates has concluded.

   14.    A fee for separate preparation shall be allowed only in any case–

(a)   where–

(i)   the case is disposed of at a hearing under section 76 of the 1995 Act; or

(ii)   the case proceeds to trial or for a hearing where a fee is payable at the full rate for a trial under paragraphs 4(q) to (u) of Chapters 1 and 2 of Part 1 or paragraphs 3(p) to (u) of Chapters 1 and 2 of Part 3 of the Table of Fees,

and the level of preparation is that to which paragraph 15 (d) below applies

(b)   where a plea of guilty is tendered, or a plea of not guilty is accepted or where a case is deserted simpliciter or deserted and the Crown does not intend to re-raise proceedings, up to and including the first day of trial and the case does not proceed to trial, and the level of preparation is that to which paragraph 15 (c) below applies; or

(c)   where at the point of conviction—

(i)   a Statement of Information is served on the convicted person in respect of proceedings in relation to proceeds of crime, and

(ii)   trial counsel no longer intends to act for the client in relation to the proceeds of crime proceedings.

   15.    A fee for separate preparation allowed under paragraphs 13 and 14 above shall be calculated by reference to the total number of actual sheets of documentation considered by counsel as follows:–

(a)   no fee for separate preparation for the first 1,000 sheets shall be allowed under any circumstances;

(b)   each range set out in sub-paragraphs (c) and (d) below specifies a total number of days which may be allowed per total number of sheets within the range, and each day shall be paid at the rate of two-thirds of the fee prescribed for the conduct of a trial at paragraph 3 of Chapters 1 and 2 of Part I, or as the case may be, paragraph 2 of Chapters 1 and 2 of Part III of the Table of Fees in this Schedule depending on the nature of the charges and the status of counsel;

(c)   the ranges are–

(i)   3 days are allowable for 1,001-3,500 sheets;

(ii)   5.5 days are allowable for 1,001-7,000 sheets;

(iii)   7.5 days are allowable for 1,001-10,000 sheets;

(iv)   2.5 days are allowable for each additional 2,500 sheets;

(v)   Deleted

(d)   where the total number of sheets exceeds 7,500, 2.5 days are allowable for each additional 2,500 sheets;

(e)   Omitted

(f)   a fee for separate preparation allowed under–

(i)   paragraph 14(a) above shall be calculated on the basis of sub-paragraph (d) ; or

(ii)   paragraph 14(b) above shall be calculated on the basis of sub-paragraph (c) above.

   15A    (1)    Where a case has more than one preliminary hearing or first diet, the fee payable for any further preliminary hearings (as prescribed in paragraphs 1B of Chapters 1 and 2 of Part 1 of the Table of Fees) or first diets (as prescribed in paragraph 1AA of Chapter 1 or 2 of Part 3 of the Table of Fees) is reduced as specified in sub-paragraphs (2) and (3).

(2)    Where charges in a case have been split into more than one indictment, the fee payable for any further preliminary hearings or first diets is half that prescribed.

(3)   Where in a case an indictment is deserted and subsequently re-raised, the fee for any further preliminary hearings or first diets is half that prescribed.

   15B.    For the purposes of the fees prescribed in paragraphs 1A and 6 of Chapters 1 and 2 of Part 1 and paragraphs 1A and 5 of Chapters 1 and 2 of Part 3 of the Table of Fees-

(a)   the fee for drafting defence statements is payable only once in any case, regardless of how many statements are drafted in that case;

(aa)   the fee for written questions in respect of the first or each subsequent vulnerable and child witness includes all necessary communications with Crown counsel or the Procurator Fiscal and is payable only once in any case, regardless of how many questions are drafted in that case;

(b)   a fee is only payable for a second necessary note in a case on cause shown and where counsel establishes there were exceptional circumstances in the case, and in any case fees for no more than two necessary notes are payable; and

(ba)   a fee is only payable for a second devolution or compatibility minute where counsel establishes there were exceptional circumstances in the case, and in any case fees for no more than two devolution or compatibility minutes are payable in any one case;

(c)   where written work, for which there is a prescribed fee, or a necessary note is drafted and revised, the fee payable for the written work or necessary note is, if there is more than one counsel, shared equally between counsel who made the revisals.

(d)   no fee is payable for the drafting of an application in respect of the adjournment or alteration of a diet in terms of section 75A of the 1995 Act.

   16.    Where a fee is claimed in respect of paragraph 1B(c) of Chapter 1 or 2 of Part I of the Table of Fees, paragraph 1AA(d) of Chapter 1 or 2 of Part 3 of the Table of Fees, or adjournment of any other hearing including trial.–

(a)   information shall be provided by or on behalf of counsel as to the reason for the adjournment; and

(b)   no fee shall be allowed by the Board or the auditor where satisfied that an adjournment was caused because the defence was not prepared to proceed, or where the preliminary hearing could have been altered in advance under section 75A(5) of the 1995 Act.

   16A.    (1)    Subject to sub-paragraph (1A) a consultation fee is payable under paragraph 5 of Chapter 1 or 2 of Part 1 and paragraph 4 of Chapter 1 or 2 of Part 3 of the Table of Fees only once a day for a case, regardless of how many consultations in relation to that case are held that day. This applies where any of the following parties attend one or more than one consultation in one day-

(a)   the same counsel, solicitor and accused;

(b)   the same counsel and expert;

(c)   the same counsel and Crown counsel or Procurator Fiscal.

   (1A)    No more than two consultations may be claimed in relation to consultations attended by the parties specified in subparagraph 1(c) on or after the date of the preliminary hearing or first diet except on cause shown.

(2)    A fee for an abortive consultation is payable under paragraph 5A of Chapter 1 or 2 of Part 1 and paragraph 4A of Chapter 1 or 2 of Part 3 of the Table of Fees where counsel attended for a consultation but the consultation did not proceed due to no fault of counsel.

(3)    Viewing productions at any location forms part of case preparation and may not in any circumstances be charged as a consultation or consultation work.

(4)    Payment for all necessary communications and discussions between solicitor and counsel is included within the fees payable to counsel under this schedule, and any such communications or discussions are not chargeable as consultations except where there are exceptional circumstances that would justify a solicitor and counsel consultation.

   17.    For the purposes of the fees prescribed in Parts I and III of the Table of Fees in this Schedule–

(a)   a trial shall be taken to commence—

(i)   in relation to a summary complaint, when the first witness is sworn in, or

(ii)   in all other cases, when the jury is empanelled;

(aa)   where a trial, or other hearing where a prescribed fee is payable at the rate for a trial, exceeds 30 days in total, the fee payable is reduced by 10% for every day in excess of 30 days;

(ab)   where counsel attends in one day more than one trial only one trial fee is payable for that day except where the outgoing trial concludes and the incoming trial commences and calls for the first time.

(ac)  &nbspwhere the principal or originally instructed junior with leader in a case is unavailable and an alternative junior with leader attends for a day or more of trial, the fee payable for each day the alternative counsel attends trial is 90% of the applicable fee prescribed in paragraph 3 of Chapter 1 of Part 1 or paragraph 2 of Chapter 1 of Part 3 of the Table of Fees.

(b)   where the trial of an accused person proceeds in respect of more than one offence, the fee payable in terms of paragraphs 3 of Chapters 1 and 2 of Part I and paragraphs 2 of Chapters 1 and 2 of Part III shall be that for the offence for which the highest fee is prescribed;

(ba)   where at a trial diet there is more than one accused and counsel represents an accused who pled guilty at an earlier diet, the fee under paragraph 3 of Chapter 1 or 2 of Part 1 or under paragraph 2 of Chapter 1 or 2 of Part 3 is not payable, but a fee may be payable on cause shown under paragraph 4(pa) of Chapter 1 or 2 of Part 1 or paragraph 3(oa) of Chapter 1 or 2 of Part 3;

(bb)    where a trial has commenced but has not proceeded on a particular day due to the absence of a juror, the trial judge or any other party through illness or unavailability, the fee payable is—

(i)   if any evidence has been led or any legal argument has taken place, the prescribed fee for a trial diet, or

(ii)    otherwise, the applicable fee prescribed in paragraph 4(p) of Chapter 1 or 2 of Part 1 (where the proceedings are in the High Court) or paragraph 3(o) of Chapter 1 or 2 of Part 3 (where the proceedings are in the Sheriff or JP Court) of the Table of Fees,

(c)   where counsel conducts a number of deferred sentences on the same day the prescribed fee shall be reduced by half for a second deferred sentence, and by a further half for a third and any subsequent deferred sentence;

(d)   the fees allowed under Part III shall be no more than four fifths of the fees prescribed in Part I of the Table of Fees in this Schedule, and except on cause shown, fees for counsel in the Sheriff Court shall not be allowable for attendance at hearings which are routine or procedural only or which do not materially advance the case;

(e)   subject to paragraph (ee), the prescribed fees for a trial or any hearing shall include all work undertaken in the case that day;

(ee)   a fee for a consultation with an expert, in addition to the prescribed fees for a trial or a hearing under paragraph (e), may be payable where counsel establishes that-

(i)   previous attempts had been made to consult with the expert which were unsuccessful;

(ii)   the need to hold the consultation was urgent; and

(iii)   the consultation took place on the same day as the trial or hearing before 0800 hours or after 1800 hours due to the limited availability of the expert;

(f)   fees for a waiting day shall be allowed on the basis of paragraph 18 below;

(g)   the fees prescribed in Parts I and III cannot be increased or reduced in terms of paragraphs 4 to 11 above;

(h)   where the trial of an accused person proceeds in respect of the offence of attempting to pervert the course of justice, the fee payable in terms of paragraph 3 of Chapter 1 or 2 of Part I and paragraph 2 of Chapter 1 or 2 of Part III shall be that for the offence to which the charge of attempting to pervert the course of justice relates. Where the offence to which the charge relates is not prescribed in Schedule 2, the fee payable shall be in terms of paragraph 3(b) of Chapter 1 or 2 of Part I and paragraph 2(b) of Chapter 1 or 2 of Part III; and

(ha)   where a trial of an accused person proceeds in respect of the offence of conspiracy to commit an offence, the fee payable in terms of paragraph 3 of Chapter 1 or 2 of Part 1 and paragraph 2 of Chapter 1 or 2 of Part 3 of the Table of Fees, is that for the offence to which the charge of conspiracy relates. Where the offence to which the charge of conspiracy relates is not prescribed in Schedule 2, the fee payable is in terms of paragraph 3(b) of Chapter 1 or 2 of Part 1 and paragraph 2(b) of Chapter 1 or 2 of Part 3 of the Table of Fees.

(hb)    where in either of the following circumstances an offence with which an accused person is charged is not within category (a) of the relevant paragraph in the Table of Fees, the fee payable is that of the next highest category payable in either paragraph 3 of Chapter 1 or 2 of Part 1 (where the proceedings are in the High Court) or paragraph 2 of Chapter 1 or 2 of Part 3 (where the proceedings are in the Sheriff or JP court) of the Table of Fees—

(i)   the case against an accused person is in respect of one or more offences under section 29 or 30 of the 2010 Act,

(ii)   the indictment or complaint in the case includes, in accordance with section 288BA of the 1995 Act, a docket which specifies any act or omission that is connected with a sexual offence charged in the indictment or complaint,

(hc)    where a case against an accused person proceeds in respect of offences which are not prescribed in this Schedule, the fee payable is that in paragraph 3(b) of Chapter 1 or 2 of Part 1 (where the proceedings are in the High Court) or paragraph 2(b) of Chapter 1 or 2 of Part 3 (where the proceedings are in the Sheriff or JP Court) of the Tables of Fees;

(i)   where an accused person pleads guilty at a hearing fixed for trial before the jury is empanelled, or where the case is brought to an end by the Crown's acceptance of a plea of not guilty, or where, following the court deserting the trial simpliciter or pro loco et tempore, the indictment falls or, for any other reason, is not brought to trial and where no order is made by the court to postpone or appoint a further trial diet, the fee payable shall be two-thirds of the fee payable in terms of paragraph 3(a) or (b) of Chapter 1 or 2 of Part I and paragraph 2 of Chapter 1 or 2 of Part III; and

(j)   in the same circumstances as those described at paragraph (i) above, but where the category of charge falls under paragraph 3(c) of Chapter 1 or 2 of Part I, the fee payable shall be that prescribed in paragraph 4(a) of Chapter 1 or 2 of Part I.

   17A.    Where counsel claims a fee in respect of the first diet under paragraph 3(t) of Chapter 1 or 2 of Part III of the Table of Fees, the fee shall only be payable in a case where the indictment was served prior to 25 September 2023 and where a plea of guilty is tendered at that hearing or where the case is brought to an end by the Crown's acceptance of a plea of not guilty, withdrawal of the libel, desertion of the diet or by other means.

   18.    Where counsel claims a fee for a waiting day–

(a)   the fee payable to junior counsel, depending on the status of counsel in the case, for such a day shall be–

(i)   half of the fee prescribed at paragraph 4(a) of Chapter 1 of Part I of the Table of Fees or at paragraph 3(a) of Chapter 1 of Part III depending on the applicable court, where no travel for the purposes of paragraph 7 of Chapter 2 of Part I or paragraph 6 of Chapter 2 of Part III is incurred; or

(ii)   two-thirds of the fee prescribed at either paragraph referred to in sub paragraph (a)(i) above, depending on the applicable court, where such travel is incurred;

(b)   the fee payable to senior counsel for such a day shall be–

(i)   half the fee prescribed at paragraph 4(a) of Chapter 2 of Part I of the Table of Fees or at paragraph 3(a) of Chapter 2 of Part III depending on the applicable court, where no travel for the purposes of paragraph 7 of those Chapters is incurred; or

(ii)   two-thirds of the fee prescribed at either paragraph referred to in sub paragraph (b)(i) above, depending on the applicable court, where such travel is incurred;

(c)   no other chargeable work shall be undertaken in any case that day (legally aided or not); and

(d)   no fee is payable unless counsel was required to attend and remain available at court in case the trial proceeded that day.

   19.    Where counsel claims a fee in respect of paragraph 2 of Chapter 1 or 2 of Part I, or paragraph 1B of Chapter 1 or 2 of Part III, of the Table of Fees–

(a)   subject to sub-paragraphs (b) and (c) below, no fee shall be payable under paragraph 1B, 3 or 4 of each Chapter of Part I, or paragraph 2 or 3 of each Chapter of Part III, of the Table of Fees;

(b)   a fee shall be payable for all post conviction hearings including hearings for which a prescribed fee is set out in paragraphs 4(j), (k), (l) and (m) of each Chapter of Part I, and paragraphs 3(j), (k), (l) and (m) of each Chapter of Part III, of the Table of Fees; and

(b)   where a case proceeded by indictment, was deserted, and proceedings were re-raised and disposed of by way of a hearing under section 76 of the 1995 Act, the following fees are chargeable by counsel in the Tables of Fees;

(i)   a fee for the section 76 hearing under the re-raised indictment, as prescribed in paragraph 2 of Chapters 1 and 2 of Part 1 and paragraph 1B of Chapters 1 and 2 of Part 3, and fees for any court hearings which took place under the initial indictment, as prescribed in paragraph 4 of Chapters 1 and 2 of Part 1 and paragraph 3 of Chapters 1 and 2 of Part 3; or

(ii)   fees prescribed in Parts 1 and 3 of the Table of Fees for any hearings, including trial, which took place under the initial indictment, and fees for any hearings under the re-raised indictment, as prescribed in paragraph 4 of Chapters 1 and 2 of Part 1 and paragraph 3 of Chapters 1 and 2 of Part 3, but not the fee for the section 76 hearing under the re-raised indictment, as prescribed in paragraph 2 of Chapters 1 and 2 of Part 1 and paragraph 1B of Chapters 1 and 2 of Part 3.

   20.    (1)    The supplementary fee for travel prescribed in paragraph 7 of Chapters 1 and 2 of Part 1, paragraph 9 of Chapters 1 and 2 of Part 2 and paragraph 6 of Chapters 1 and 2 of Part 3 of the Table of Fees is chargeable only as provided for in this regulation.

(2)    The fee is only chargeable where the travel involves a round trip exceeding 60 miles in each direction.

(3)    The fee is not chargeable for travel to courts in any of the following locations for the purposes of a trial or any other hearing-

(a)   Edinburgh;

(b)   Glasgow;

(c)   Airdrie;

(d)   Alloa;

(e)   Dunfermline;

(f)   Falkirk;

(g)   Hamilton;

(h)   Kirkcaldy;

(i)   Lanark;

(j)   Livingston;

(k)   Paisley;

(l)   Stirling.

   (4)    Where counsel travels to a court in any of the locations listed in paragraph (3) for the purposes of a trial or any other hearing and also attends to business relating to any case on the same day, (subject to paragraph 5) the fee is not chargeable.

(5)    The fee may be chargeable in the circumstances set out in paragraph (4) where the Board is satisfied that the trip relating to business in any case is separate and additional to the trip relating to the court.

(6)    Counsel must, if required, produce vouching of the travel undertaken.

(7)    The fee is chargeable once only in respect of each round trip, irrespective of the number of cases for which the trip is undertaken.

(8)    The fee chargeable excludes any travel costs.

   20A.    Travel costs are chargeable as an outlay only in circumstances where a supplementary fee for travel is chargeable under paragraph 20.

21.    Necessary accommodation and subsistence is chargeable only-

(a)   as an outlay up to the amount specified in paragraph 8 of Chapters 1 and 2 of Part 1, paragraph 10 of Chapters 1 and 2 of Part 2 or paragraph 7 of Chapters 1 and 2 of Part 3 of the Table of Fees;

(b)   where a supplementary fee for travel is chargeable in accordance with paragraph 20; and

(c)   on cause shown.

Interpretation

   22.    In this Schedule–

(a)      “the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010;

“child witness” has the meaning given in section 271(5) of the 1995 Act;

“commercial premises” means a bank, building society, post office, security vehicle, currency exchange or licensed gambling premises;

"consultation" means a formal meeting, including meeting by means of a conference call, with counsel on the instructions of the solicitor concerning a significant issue which advances the cause taking place usually, but not always, in the presence of the accused or an expert witness, including formal meetings with Crown Counsel taking place following the first preliminary hearing or first diet;

"documentation" means Crown statements, precognitions, productions, including defence productions, and labels;

“Practice Note No.1 of 2018” means the High Court of Justiciary Practice Note No.1 of 2018 on the Management of Lengthy or Complex Criminal Cases;

“retail premises” means any premises, other than commercial premises;

“vulnerable witness” has the meaning given in section 271(1) of the 1995 Act;

"waiting day" means a day where counsel is required to attend court and does so but the trial does not proceed; and

"sheet" shall consist of 250 words and numbers, or each minute of an un-transcribed tape.

   (b)      “evidence is adduced” for the purposes of a commission on evidence or any other hearing, if one or more witnesses gives or starts to give evidence at that commission or hearing.

 

 

[As amended by SSI 2023 No in force 15 November 2023]

SCHEDULE 2

FEES OF COUNSEL

Regulation 10

 

 

PART 1

FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY

CHAPTER 1

JUNIOR COUNSEL

 

1A.	Written Work
(a)	[revoked]
(b)	Drafting devolution or compatibility minute			£170.35
(c)	Drafting section 275 application under the 1995 Act			£170.35
(d)	Drafting specification of documents			£141.95
(e)	Drafting interrogatories			£141.95
(f)	Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act			£141.95
(g)	Drafting written questions in respect of the first vulnerable witness or child witness			Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(h)	Drafting written questions in respect of the second and each subsequent, vulnerable witness or child witness			Payable at half rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(i)	Opinion on sentence			£85.18
(j)	Opinion in an appeal by way of Bill of Suspension or Stated Case			£141.95
(k)	Opinion in any other case			£227.12–£397.46
1B.	Preliminary Hearing
(a)	Preliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence.		Payable at either— .
			(i)	one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel, or
			(ii)	in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(aa)	Preliminary hearing, adjourned or continued in which witnesses called to give evidence.		Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
			Junior as leader	Junior alone	Junior with leader
(b)	Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.		£431.52	£374.75	£255.51
(c)	Adjourned diet under section 75A of the 1995 Act, or continued diet		£431.52	£374.75	£255.51
(d)	Attendance at a managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing.		Payable at one-half of the fee prescribed at paragraph 1B(a) above.
(e)	Conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.		Payable at one-half of the fee prescribed at paragraph 1B(a) above.
			Junior as leader	Junior alone	Junior with leader
2.	Early Plea
	Hearing under section 76 of the 1995 Act.		£1,419.48	£1,419.48	£709.74
3.	Trial per day Category Charges Prosecuted in the High Court.
(a)	Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, Section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015.		£851.69	£738.13	£511.02
(b)	Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Offences under section 28 of the 2010 Act, Reckless and culpable conduct.		£701.24	£607.55	£425.85
(c)	Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace, Stalking, Offences under the Psychoactive Substances Act 2016.		£562.12	£488.31	£346.36
4.	Miscellaneous Hearings
(a)	fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed		£408.81	£357.72	£255.51
(aa)	judicial examination		£408.81	£357.72	£255.51
(b)	preliminary diet		£408.81	£357.72	£255.51
(c)	hearing under section 275 of the 1995 Act		£408.81	£357.72	£255.51
(d)	hearing on specification of documents		£408.81	£357.72	£255.51
(e)	hearing on a devolution or compatibility minute		£408.81	£357.72	£255.51
(f)	hearing on an application by the Crown for an extension of time		£408.81	£357.72	£255.51
(g)	hearing under section 72 of the 1995 Act		£204.41	£178.87	£127.77
(h)	hearing on a motion to adjourn		£204.41	£178.87	£127.77
(i)	hearing on an application for special measures		£204.41	£178.87	£127.77
(j)	confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in—
	(i)	paragraph 3(a)	£851.69	£738.13	£511.02
	(ii)	paragraph 3(b)	£701.24	£607.55	£425.85
	(iii)	paragraph 3(c)	£562.12	£488.31	£346.36
(k)	confiscation diet where no substantial evidence is led		£408.81	£357.72	£255.51
(l)	deferred sentence where mitigation is led		£408.81	£357.72	£255.51
(m)	deferred sentence where no mitigation is led		£204.41	£178.87	£127.77
(n)	remit for sentence		£408.81	£357.72	£255.51
(na)	drug treatment and testing order review		£204.41	£178.87	£127.77
(nb)	drug treatment and testing order review where mitigation led and order revoked		£408.81	£357.72	£255.51
(o)	adjourned trial diet		£204.41	£178.87	£127.77
(p)	adjourned trial diet (trial having commenced)		£408.81	£357.72	£255.51
(pa)	trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet		£408.81	£357.72	£255.51
(q)	trial within a trial		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(qa)	commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(r)	examination of the facts in a case of insanity or diminished responsibility		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(s)	proof in mitigation		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(t)	deferred sentence in which evidence is taken from an expert witness		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
(u)	diet of debate		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
5.	Fee for consultations, accused and counsel meetings and locus visits or where counsel require to view joint investigative interviews		£238.48	£208.95	£153.32
5A.	Fee for abortive consultation		£119.24	£104.48	£76.67
6.	Fee for a necessary Note		£56.79	£56.79	£56.79
7.	Travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions		£113.56	£113.56	£113.56
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland		£227.12	£227.12	£227.12
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£113.56	£113.56	£113.56

 

 

[As amended by SSI 2023 No in force 15 November 2023]

PART 1

FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY

CHAPTER 2

SENIOR COUNSEL

 

1A.	Written work
(a)	[revoked]
(b)	Drafting devolution or compatibility minute			£170.35
(c)	Drafting section 275 application under the 1995 Act			£170.35
(d)	Drafting specification of documents			£141.95
(e)	Drafting interrogatories			£141.95
(f)	Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act			£141.95
(g)	Drafting written questions in respect of the first vulnerable witness or child witness			Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(h)	Drafting written questions in respect of the second and each subsequent, vulnerable witness or child witness			Payable at half rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(i)	Opinion on sentence			£129.47
(j)	Opinion in an appeal by way of Bill of Suspension or Stated Case			£212.93
(k)	Opinion in any other case			£397.46–£794.91
1B	Preliminary hearing
(a)	Preliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence.			Payable at either—
				(i)	one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel, or
				(ii)	in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel
(aa)	preliminary hearing, adjourned or continued in which witnesses called to give evidence			Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
(b)	further diet which involves substantive debate or the resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act			£511.02
(c)	adjourned diet under section 75A of the 1995 Act, or continued diet			£511.02
(d)	attendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing			Payable at one-half of the fee prescribed at paragraph 1B(a) above
(e)	conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown			Payable at one-half of the fee prescribed at paragraph 1B(a) above.
2.	Early Plea
	Hearing under section 76 of the 1995 Act			£1,419.48
3.	Trial (per day) Category Charges Prosecuted in the High Court
(a)	Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015			£1,022.02
(b)	Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Offences under section 28 of the 2010 Act, Reckless and culpable conduct.			£794.91
(c)	Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Shameless indecency, Offences under the Sexual Offences Act 2003, Forgery, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace, Stalking, Offences under the Psychoactive Substances Act 2016			£635.93
4.	Miscellaneous Hearings
	(a)	fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed		£465.60
	(aa)	judicial examination		£465.60
	(b)	preliminary diet		£465.60
	(c)	hearing under section 275 of the 1995 Act		£465.60
	(d)	hearing on specification of documents		£465.60
	(e)	hearing on a devolution or compatibility minute		£465.60
	(f)	hearing on an application by the Crown for an extension of time		£465.60
	(g)	hearing under section 72 of the 1995 Act		£232.80
	(h)	hearing on a motion to adjourn		£232.80
	(i)	hearing on an application for special measures		£232.80
	(j)	confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in—
		(i)	paragraph 3(a)	£1,022.02
		(ii)	paragraph 3(b)	£794.91
		(iii)	paragraph 3(c)	£635.93
	(k)	confiscation diet where no substantial evidence is led		£465.60
	(l)	deferred sentence where mitigation is led		£465.60
	(m)	deferred sentence where no mitigation is led		£232.80
	(n)	remit for sentence		£465.60
	(na)	drug treatment and testing order review		£232.80
	(nb)	drug treatment and testing order review where mitigation led and order revoked		£465.60
	(o)	adjourned trial diet		£232.80
	(p)	adjourned trial diet (trial having commenced)		£465.60
	(pa)	trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet		£465.60
	(q)	trial within a trial		Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
	(qa)	commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
	(r)	examination of the facts in a case of insanity or diminished responsibility		Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
	(s)	proof in mitigation		Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
	(t)	deferred sentence in which evidence is taken from an expert witness		Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
	(u)	diet of debate		Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
5.	Fee for consultations, accused and counsel meetings and locus visits or where counsel require to view joint investigative interviews			£283.90
5A.	Fee for abortive consultation			£141.95
6.	Fee for a necessary Note			£56.79
7.	Travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions			£113.56
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland			£227.12
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day			£113.56

 

---

([1]) Section 75A was inserted by section 15 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

 

[As amended by SSI 2023 No in force 15 November 2023]

PART 3

FEES FOR PROCEEDINGS IN THE SHERIFF AND JUSTICE OF THE PEACE COURT

CHAPTER 1

JUNIOR COUNSEL

 

 

1A.	Written work
(a)	[revoked]
(b)	drafting devolution or compatibility minute			£170.35
(c)	drafting section 275 application under the 1995 Act			£170.35
(d)	drafting specification of documents			£141.95
(e)	drafting interrogatories			£141.95
(f)	drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act			£141.95
(g)	Drafting written questions in respect of the first vulnerable witness or child witness			Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(h)	Drafting written questions in respect of the second, and each subsequent, vulnerable witness or child witness			Payable at half rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(i)	Opinion on sentence			£85.18
(j)	Opinion in an appeal by way of Bill of Suspension or Stated Case			£141.95
(k)	Opinion in any other case			£227.12–£397.46
1AA.	First Diet – Fees for all work in relation to a first diet in any case where the indictment is served on or after 25 September 2023
(a)	First diet including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence		Payable at either— .
			(i)	one and a half times the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel, or
			(ii)	in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(b)	First diet, adjourned or continued in which witnesses called to give evidence.		Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel.
			Junior as leader	Junior alone	Junior with leader
(c)	Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.		£345.22	£299.80	£204.41
(d)	Adjourned diet under section 75A of the 1995 Act, or continued diet		£345.22	£299.80	£204.41
(e)	Attendance at all managed meetings or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend the first diet.		Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
(f)	Conduct of first diet on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.		Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
			Junior as leader	Junior alone	Junior with leader
1B.	Early Plea
	Hearing under section 76 of the 1995 Act		£1,419.48	£1,419.48	£709.74
2.	Trial (per day) Category Charges Prosecuted in the Sheriff Court
(a)	Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Torture, War crimes, Rape, Multiple attempted murder, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015		£735.30	£652.97	£408.81
(b)	Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace, Offences under section 28 of the 2010 Act, Reckless and culpable conduct, Stalking, Offences under the Psychoactive Substances Act 2016		£562.12	£488.31	£346.36
3.	Miscellaneous Hearings
(a)	fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed		£327.06	£286.17	£204.41
(aa)	judicial examination		£327.06	£286.17	£204.41
(b)	preliminary diet		£327.06	£286.17	£204.41
(c)	hearing under section 275 of the 1995 Act		£327.06	£286.17	£204.41
(d)	hearing on specification of documents		£327.06	£286.17	£204.41
(e)	hearing on a devolution or compatibility minute		£327.06	£286.17	£204.41
(f)	hearing on an application by the Crown for an extension of time		£327.06	£286.17	£204.41
(g)	[revoked]
(h)	hearing on a Motion to adjourn		£163.53	£143.09	£102.21
(i)	hearing on an application for special measures		£163.53	£143.09	£102.21
(j)	confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in
	(i)	paragraph 2(a)	£735.30	£652.97	£408.81
	(ii)	paragraph 2(b)	£562.12	£488.31	£346.36
(k)	confiscation diet where no substantial evidence is led		£327.06	£286.17	£204.41
(l)	deferred sentence where mitigation is led		£327.06	£286.17	£204.41
(m)	deferred sentence where no mitigation is led		£163.53	£143.09	£102.21
(ma)	drug treatment and testing order review		£163.53	£143.09	£102.21
(mb)	drug treatment and testing order review where mitigation is led and order revoked		£327.06	£286.17	£204.41
(n)	adjourned trial diet		£163.53	£143.09	£102.21
(o)	adjourned trial diet (trial having commenced)		£327.06	£286.17	£204.41
(oa)	trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet		£327.06	£286.17	£204.41
(p)	trial within a trial		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(pa)	commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(q)	examination of the facts in a case of insanity or diminished responsibility		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(r)	proof in mitigation		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(s)	deferred sentence in which evidence is taken from an expert witness		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(t)	first diet in a case where the indictment is served before 25 September 2023		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(u)	diet of debate		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
4.	Fee for consultations, accused and counsel meetings and locus visits,or where counsel require to view joint investigative interviews		£202.14	£174.89	£122.66
4A.	Fee for abortive consultation		£101.08	£87.45	£61.34
5.	Fee for a necessary Note		£56.79	£56.79	£56.79
6.	Travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions		£113.56	£113.56	£113.56
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland		£227.12	£227.12	£227.12
7.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£113.56	£113.56	£113.56

 

[As amended by SSI 2023 No in force 15 November 2023]

PART 3

FEES FOR PROCEEDINGS IN THE SHERIFF AND JUSTICE OF THE PEACE COURT

CHAPTER 2

SENIOR COUNSEL

 

 

1A.	Written work
(a)	[revoked]
(b)	Drafting devolution or compatibility minute		£170.35
(c)	Drafting section 275 application under the 1995 Act		£170.35
(d)	Drafting specification of documents		£141.95
(e)	Drafting interrogatories		£141.95
(f)	Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act		£141.95
(g)	Drafting written questions in respect of the first vulnerable witness or child witness		Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(h)	Drafting written questions in respect of the second or each subsequent vulnerable witness or child witness		Payable at half rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(i)	Opinion on sentence		£129.47
(j)	Opinion in an appeal by way of Bill of Suspension or Stated Case		£212.93
(k)	Opinion in any other case		£397.46–£794.91
1AA	First Diet – Fees for all work in relation to a first diet in any case where the indictment is served on or after 25 September 2023
(a)	First diet including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence.		Payable at either— .
			(i)	one and a half times the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel, or
			(ii)	in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel
(b)	First diet, adjourned or continued in which witnesses called to give evidence.		Payable at the full rate for a trial (paragraph 2 below) depending on category of case and status of counsel.
(c)	Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act.		£408.82
(d)	Adjourned diet under section 75A of the 1995 Act, or continued diet		£408.82
(e)	Attendance at all managed meetings or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend the first diet.		Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
(f)	Conduct of first diet on receipt of detailed instructions not having been involved in pre hearing communication with the Crown.		Payable at one-half of the fee payable in accordance with paragraph 1AA(a) above.
1B.	Early Plea
	Hearing under section 76 of the 1995 Act		£1,419.48
2.	Trial (per day) Category Charges prosecuted in the Sheriff Court
(a)	Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015		£817.62
(b)	Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 of 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace, Offences under section 28 of the 2010 Act , Reckless and culpable conduct, Stalking, Offences under the Psychoactive Substances Act 2016		£635.93
3.	Miscellaneous Hearings
(a)	fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed		£372.48
(aa)	judicial examination		£372.48
(b)	preliminary diet		£372.48
(c)	hearing under section 275 of the 1995 Act		£372.48
(d)	hearing on specification of documents		£372.48
(e)	hearing on a devolution or compatibility minute		£372.48
(f)	hearing on an application by the Crown for an extension of time		£372.48
(g)	[revoked]
(h)	hearing on a motion to adjourn		£186.24
(i)	hearing on an application for special measures		£186.24
(j)	confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in—
	(i)	paragraph 2(a)	£817.62
	(ii)	paragraph 2(b)	£635.93
(k)	confiscation diet where no substantial evidence is led		£372.48
(l)	deferred sentence where mitigation is led		£372.48
(m)	deferred sentence where no mitigation is led		£186.24
(ma)	drug treatment and testing order review		£186.24
(mb)	drug treatment and testing order review where mitigation is led and order revoked		£372.48
(n)	adjourned trial diet		£186.24
(o)	adjourned trial diet (trial having commenced)		£372.48
(oa)	trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet		£372.48
(p)	trial within a trial		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(pa)	commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced		Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel
(q)	examination of the facts in a case of insanity or diminished responsibility		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(r)	proof in mitigation		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(s)	deferred sentence in which evidence is taken from an expert witness		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(t)	first diet in a case where indictment served before 25 September 2023		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
(u)	diet of debate		Payable at the full rate for a trial (paragraph 2 above) depending on category of case
4.	Fee for consultations, accused and counsel meetings and locus visits, or where counsel require to view joint investigative interviews		£227.12
4A.	Fee for abortive consultation		£113.56
5.	Fee for necessary Note		£56.79
6.	Travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions		£113.56
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland		£227.12
7.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£113.56

 

Schedule 2 - Fees of counsel: Notes on the operation