Legal aid fees

 

 

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

SCHEDULE 3

PART II

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION

   1.—The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-

 

				Criminal	Civil	Children
A.	Time occupied in carrying out work for the client other than work described in paragraphs B to E below—
	(i)	Solicitor – per quarter hour (or part thereof);		£14.53	£15.97	£15.97
	(ii)	Solicitor’s clerk – per quarter hour (or part thereof).		£7.25	£7.97	£7.97
B.	For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof).			£3.32	£3.64	£3.64
C.	For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration).			£8.27	£9.10	£9.10
D.	For taking and drawing precognitions – for the first sheet of 250 words or less.			£29.00	£31.93	£31.93
	for each subsequent sheet of 250 words.			£29.00	£31.93	£31.93
	for each subsequent sheet of less than 250 words.			£14.53	£15.97	£15.97
DA.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor;		£7.28	£8.01	£8.01
	(b)	by a solicitor’s clerk.		£3.63	£4.01	£4.01
E.	(a)	There is no fee for photocopying—
		(i)	where fewer than 20 sheets are copied at 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 the matter is—
		(i)	for each sheet copied for up to 10,000 sheets; and	£0.05	£0.05	£0.05
		(ii)	for each sheet copied in addition to the first 10,000 sheets.	£0.01	£0.01	£0.01

 

   2.—[Revoked by SSI 2008 No 240]

Interpretation

   3.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

 

 

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

SCHEDULE 3

PART II

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION

   1.—The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-

 

				Criminal	Civil	Children
A.	Time occupied in carrying out work for the client other than work described in paragraphs B to E below—
	(i)	Solicitor – per quarter hour (or part thereof);		£13.18	£14.49	£14.49
	(ii)	Solicitor’s clerk – per quarter hour (or part thereof).		£6.57	£7.23	£7.23
B.	For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof).			£3.01	£3.30	£3.30
C.	For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration).			£7.50	£8.25	£8.25
D.	For taking and drawing precognitions – for the first sheet of 250 words or less.			£26.31	£28.97	£28.97
	for each subsequent sheet of 250 words.			£26.31	£28.97	£28.97
	for each subsequent sheet of less than 250 words.			£13.18	£14.49	£14.49
DA.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor;		£6.60	£7.26	£7.26
	(b)	by a solicitor’s clerk.		£3.29	£3.63	£3.63
E.	(a)	There is no fee for photocopying—
		(i)	where fewer than 20 sheets are copied at 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 the matter is—
		(i)	5 pence for each sheet copied for up to 10,000 sheets; and
		(ii)	1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

 

   2.—[Revoked by SSI 2008 No 240]

Interpretation

   3.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

 

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

SCHEDULE 3

PART II

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION

   1.—The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-

 

				Criminal	Civil	Children
A.	Time occupied in carrying out work for the client other than work described in paragraphs B to E below—
	(i)	Solicitor – per quarter hour (or part thereof);		£12.55	£13.80	£13.80
	(ii)	Solicitor’s clerk – per quarter hour (or part thereof).		£6.25	£6.88	£6.88
B.	For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof).			£2.86	£3.14	£3.14
C.	For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration).			£7.14	£7.85	£7.85
D.	For taking and drawing precognitions – for the first sheet of 250 words or less.			£25.05	£27.59	£27.59
	for each subsequent sheet of 250 words.			£25.05	£27.59	£27.59
	for each subsequent sheet of less than 250 words.			£12.55	£13.80	£13.80
DA.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor;		£6.28	£6.91	£6.91
	(b)	by a solicitor’s clerk.		£3.13	£3.45	£3.45
E.	(a)	There is no fee for photocopying—
		(i)	where fewer than 20 sheets are copied at 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 the matter is—
		(i)	5 pence for each sheet copied for up to 10,000 sheets; and
		(ii)	1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

 

   2.—[Revoked by SSI 2008 No 240]

Interpretation

   3.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

Part 2 of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:

Interpretation

In this Table –

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

1. [101]The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 [102]or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-

				Criminal	Civil	Children
A.	[103]Time occupied in carrying out work for the client other than work described in paragraphs B to G below.
	(i)           Solicitor - per quarter hour (or part thereof)			£11.60	£12.75	£12.75
	(ii)          Solicitor's clerk - per quarter hour (or part thereof)			£5.77	£6.35	£6.35
B.	For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature - per sheet (or part thereof)			£2.64	£2.90	£2.90
C.	For letters other than B above - per page (or part thereof), framing non-formal documents other than precognitions - per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration)			£6.60	£7.25	£7.25
D.	For taking and drawing precognitions - for the first sheet of 250 words or less			£23.15	£25.50	£25.50
	for each subsequent sheet of 250 words			£23.15	£25.50	£25.50
	for each subsequent sheet of less than 250 words			£11.60	£12.75	£12.75
DA.[104]	The fee for each quarter of an hour (or part thereof) spent travelling –
	(a) by a solicitor			£5.80	£6.38	£6.38
	(b) by a solicitor’s clerk			£2.89	£3.18	£3.18
E.	(a) [105]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 the matter is – (i)5 pence for each sheet copied for up to 10,000 sheets; and (ii)1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.
[106][107][108]

[109]Interpretation

3. In this Table –

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

 

 

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

SCHEDULE 3

TABLE OF FEES ALLOWED TO SOLICITORS

Regulation 17

PART I

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION

   1.—Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 or the Age of Criminal Responsibility Act 2019 as follows:-

 

			Criminal	Civil	Children's
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999—
1.	The fee for—
	(i)	any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing;	£34.32	£41.51	£41.51
	(ii)	each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing.	£17.17	£20.79	£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.	£88.16
2.	The fee for—
	(i)	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 of this table, provided that any time is additional to the total time charged for under paragraph 1;	£13.23	£15.97	£15.97
	(ii)	for each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 5 of this table.	£6.59	£7.97	£7.97
3.	The fee for—		£7.52	£9.10	£9.10
	(i)	each citation of a witness including execution thereof;
	(ii)	framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii) below - per sheet (or part thereof);
	(iii)	instructing messengers-at-arms and sheriff officers, including examining execution and settling fee;
	(iv)	lengthy telephone calls (of over 4 and up to 10 minutes duration); and
	(v)	letters, including instructions to counsel, subject to paragraph 4(ii) below – per page (or part thereof).
4.	The fee for—		£3.04	£3.64	£3.64
	(i)	attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;
	(ii)	short letters of a formal nature, intimations and letters confirming telephone calls;
	(iii)	framing formal papers, including inventories and title pages - per sheet (or part thereof);
	(iv)	revising papers drawn by counsel or where revisal ordered by court – per 5 sheets (or part thereof); and
	(v)	short telephone calls (of up to 4 minutes duration).
4A.	The fee for each quarter of an hour (or part thereof) spent travelling—
(a)	by a solicitor,		£6.63	£8.01	£8.01
(b)	by a solicitor's clerk.		£3.31	£4.01	£4.01
5.
(a)	There is no fee for photocopying
	(i)	where fewer than 20 sheets are copied at 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 the matter in relation to which assistance by way of representation was given is
	(i)	for each sheet copied, up to 10,000 sheets, and;	£0.05
	(ii)	1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.	£0.01

    Calculation of fees for time at court and travelling

   1A.  The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.

    Interpretation

   2.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

"court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;

"holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014

   Petition by debtor for sequestration

   3.—The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be—

(a)   £41.51 for any time spent by a solicitor appearing in court in connection with the petition; and

(b)   £68.16 for all other work in connection with the petition.

 

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

SCHEDULE 3

TABLE OF FEES ALLOWED TO SOLICITORS

Regulation 17

PART I

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION

   1.—Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 or the Age of Criminal Responsibility Act 2019 as follows:-

 

			Criminal	Civil	Children's
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999—
1.	The fee for—
	(i)	any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing;	£31.14	£37.66	£37.66
	(ii)	each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing.	£15.58	£18.86	£18.86
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.	£80.00
2.	The fee for—
	(i)	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 of this table, provided that any time is additional to the total time charged for under paragraph 1;	£12.00	£14.49	£14.49
	(ii)	for each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 5 of this table.	£5.98	£7.23	£7.23
3.	The fee for—		£6.82	£8.25	£8.25
	(i)	each citation of a witness including execution thereof;
	(ii)	framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii) below - per sheet (or part thereof);
	(iii)	instructing messengers-at-arms and sheriff officers, including examining execution and settling fee;
	(iv)	lengthy telephone calls (of over 4 and up to 10 minutes duration); and
	(v)	letters, including instructions to counsel, subject to paragraph 4(ii) below – per page (or part thereof).
4.	The fee for—		£2.75	£3.30	£3.30
	(i)	attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;
	(ii)	short letters of a formal nature, intimations and letters confirming telephone calls;
	(iii)	framing formal papers, including inventories and title pages - per sheet (or part thereof);
	(iv)	revising papers drawn by counsel or where revisal ordered by court – per 5 sheets (or part thereof); and
	(v)	short telephone calls (of up to 4 minutes duration).
4A.	The fee for each quarter of an hour (or part thereof) spent travelling—
(a)	by a solicitor,		£6.01	£7.26	£7.26
(b)	by a solicitor's clerk.		£3.00	£3.63	£3.63
5.
(a)	There is no fee for photocopying
	(i)	where fewer than 20 sheets are copied at 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 the matter in relation to which assistance by way of representation was given is
	(i)	Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is—
	(ii)	1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

    Calculation of fees for time at court and travelling

   1A.  The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.

    Interpretation

   2.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

"court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;

"holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014

   Petition by debtor for sequestration

   3.—The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be—

(a)   £37.66 for any time spent by a solicitor appearing in court in connection with the petition; and

(b)   £61.85 for all other work in connection with the petition.

 

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

SCHEDULE 3

TABLE OF FEES ALLOWED TO SOLICITORS

Regulation 17

PART I

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION

   1.—Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 or the Age of Criminal Responsibility Act 2019 as follows:-

 

			Criminal	Civil	Children's
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999—
1.	The fee for—
	(i)	any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing;	£29.65	£35.86	£35.86
	(ii)	each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing.	£14.83	£17.96	£17.96
2.	The fee for—
	(i)	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 of this table, provided that any time is additional to the total time charged for under paragraph 1;	£11.42	£13.80	£13.80
	(ii)	for each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 5 of this table.	£5.69	£6.88	£6.88
3.	The fee for—		£6.49	£7.85	£7.85
	(i)	each citation of a witness including execution thereof;
	(ii)	framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii) below - per sheet (or part thereof);
	(iii)	instructing messengers-at-arms and sheriff officers, including examining execution and settling fee;
	(iv)	lengthy telephone calls (of over 4 and up to 10 minutes duration); and
	(v)	letters, including instructions to counsel, subject to paragraph 4(ii) below – per page (or part thereof).
4.	The fee for—		£2.61	£3.14	£3.14
	(i)	attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;
	(ii)	short letters of a formal nature, intimations and letters confirming telephone calls;
	(iii)	framing formal papers, including inventories and title pages - per sheet (or part thereof);
	(iv)	revising papers drawn by counsel or where revisal ordered by court – per 5 sheets (or part thereof); and
	(v)	short telephone calls (of up to 4 minutes duration).
4A.	The fee for each quarter of an hour (or part thereof) spent travelling—
(a)	by a solicitor,		£5.72	£6.91	£6.91
(b)	by a solicitor's clerk.		£2.85	£3.45	£3.45
5.
(a)	There is no fee for photocopying
	(i)	where fewer than 20 sheets are copied at 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 the matter in relation to which assistance by way of representation was given is
	(i)	Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is—
	(ii)	1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

    Calculation of fees for time at court and travelling

   1A.  The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.

    Interpretation

   2.—In this table—

a "sheet" shall consist of 250 words or numbers; and

a "page" shall consist of 125 words or numbers.

   Petition by debtor for sequestration

   3.—The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be—

(a)   £35.86 for any time spent by a solicitor appearing in court in connection with the petition; and

(b)   £59.90 for all other work in connection with the petition.

 

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Part I of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-

([1])   Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

Calculation of fees for time at court and travelling 

 The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.

Interpretation

In this table –

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

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

Petition by debtor for sequestration

The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be –

(a)          £34.15 for any time spent by a solicitor appearing in court in connection with the petition; and

(b)          £56.09 for all other work in connection with the petition.

Part I of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

1. Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s

Hearings (Scotland) Act 2011as follows:-

 

			Criminal		Civil		[93]Children’s
[94]		(a)
		(b)          [95]fees, as undernoted, for work other than or subsequent to that described in – Schedule 1B to the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
1.    The fee for –
		(i)           any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing;	£27.40		£33.15		£33.15
		(ii)          each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing.	£13.70		£16.60		£16.60
2.    The fee for –
		(i)           each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 hereof, provided that any time is additional to the total time charged for under paragraph 1 above;	£10.55		£12.75		£12.75
		(ii)          for each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 5 hereof.	£5.25		£6.35		£6.35
3.    The fee for –
		(i)           each citation of a witness including execution thereof; (ii)          framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii) below - per sheet (or part thereof); (iii)         instructing messengers-at-arms and sheriff officers, including examining execution and settling fee; (iv)        lengthy telephone calls (of over 4 and up to 10 minutes duration); and
		(v)          letters, including instructions to counsel, subject to paragraph 4(ii) below - per page (or part thereof).	£6.00		£7.25		£7.25
4.    The fee for –
	(i)           attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged; (ii)          short letters of a formal nature, intimations and letters confirming telephone calls; (iii)         framing formal papers, including inventories and title pages - per sheet (or part thereof);
	(iv)        revising papers drawn by counsel or where revisal ordered by court - per 5 sheets (or part thereof); and
	(v)          short telephone calls (of up to 4 minutes duration).			£2.40		£2.90		£2.90
4A [96] The fee for each quarter of an hour (or part thereof) spent traveling – (a)  by a solicitor (b)  by a solicitor’s clerk				£5.28   £2.63		£6.38   £3.18		£6.38   £3.18
5. [97](a)There is no fee for photocopying- (i) where fewer than 20 sheets are copied at 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 the matter in relation to which assistance by way of representation was given is- (i) 5 pence for each sheet copied for up to 10,000 sheets; and (ii) 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

 

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

1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.

Interpretation

2. In this table –

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

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

 

Petition by debtor for sequestration

3. The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be –

• £34.15[99] for any time spent by a solicitor appearing in court in connection with the petition; and
• £56.09[100] for all other work in connection with the petition.

 

 

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

SCHEDULE 3

PART IV

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

 

1. (a)  Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client—
	(i)	voluntarily attends for interview,
	(ii)	is in custody,
	(iii)	voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody.
(b)		Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody.
(c)	(i)	Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during  an unsocial time.
	(ii)	Where a fee under paragraph 5 is claimed, a solicitor can only claim the a higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time.
2.		In this part
	“unsocial time” means:
	(a)	a Saturday, Sunday or specified holiday;
	(b)	any time between 1900 hours and 0700 hours on any other day;
	“constable” means:
	(a)	a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;
	(b)	a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;
	(c)	a person appointed under section 55(1) of the Energy Act 2004;
	(d)	a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;
	(e)	a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
	(f)	a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;
	(g)	a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005;
	“mental disorder” has the meaning in section 328 of the Mental Health (Care and Treatment)(Scotland) Act 2003;
	“specified holiday” means:
	(a)	New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;
	(b)	2nd January or
		(i)	if it is a Saturday, 4th January;
		(ii)	if it is Sunday, 4th January;
	(c)	Good Friday;
	(d)	Easter Monday;
	(e)	the first Monday in May;
	(f)	30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;
	(g)	Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;
	(h)	26th December or
		(i)	if it is a Saturday, 28th December;
		(ii)	if it is a Sunday, 28th December.
				Standard Rate	Higher Rate
3.		Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44.		£93.87	£124.85
4.		Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)—
(a)		aggregate time engaged or waiting is 2 hours or less; or		£143.93	£191.42
(b)	(i)	aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and		£250.29	£332.89
	(ii)	for each additional hour over 4 hours (or part thereof).		£62.59	£83.24
5.		Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3.		£37.56	£49.95
6.		Travelling Time in relation to personal attendance
(a)		The fee for travel time engaged is 2 hours or less per half hour (or part thereof).		£14.53	£19.33
(b)		The fee for travel time engaged is more than 2 hours, where authorised by the Board in advance per half hour (or part thereof).		£14.53	£19.33

   

 

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

SCHEDULE 3

PART IV

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

 

1. (a)  Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client—
	(i)	voluntarily attends for interview,
	(ii)	is in custody,
	(iii)	voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody.
(b)		Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody.
(c)	(i)	Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during  an unsocial time.
	(ii)	Where a fee under paragraph 5 is claimed, a solicitor can only claim the a higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time.
2.		In this part
	“unsocial time” means:
	(a)	a Saturday, Sunday or specified holiday;
	(b)	any time between 1900 hours and 0700 hours on any other day;
	“constable” means:
	(a)	a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;
	(b)	a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;
	(c)	a person appointed under section 55(1) of the Energy Act 2004;
	(d)	a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;
	(e)	a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
	(f)	a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;
	(g)	a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005;
	“mental disorder” has the meaning in section 328 of the Mental Health (Care and Treatment)(Scotland) Act 2003;
	“specified holiday” means:
	(a)	New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;
	(b)	2nd January or
		(i)	if it is a Saturday, 4th January;
		(ii)	if it is Sunday, 4th January;
	(c)	Good Friday;
	(d)	Easter Monday;
	(e)	the first Monday in May;
	(f)	30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;
	(g)	Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;
	(h)	26th December or
		(i)	if it is a Saturday, 28th December;
		(ii)	if it is a Sunday, 28th December.
				Standard Rate	Higher Rate
3.		Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44.		£85.18	£113.29
4.		Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)—
(a)		aggregate time engaged or waiting is 2 hours or less; or		£130.60	£173.70
(b)	(i)	aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and		£227.12	£302.07
	(ii)	for each additional hour over 4 hours (or part thereof).		£56.79	£75.53
5.		Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3.		£34.08	£45.32
6.		Travelling Time in relation to personal attendance
(a)		The fee for travel time engaged is 2 hours or less per half hour (or part thereof).		£13.18	£17.54
(b)		The fee for travel time engaged is more than 2 hours, where authorised by the Board in advance per half hour (or part thereof).		£13.18	£17.54

   

 

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

SCHEDULE 3

PART IV

TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

 

1. (a)  Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client—
	(i)	voluntarily attends for interview,
	(ii)	is in custody,
	(iii)	voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody.
(b)		Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody.
(c)	(i)	Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during  an unsocial time.
	(ii)	Where a fee under paragraph 5 is claimed, a solicitor can only claim the a higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time.
2.		In this part
	“unsocial time” means:
	(a)	a Saturday, Sunday or specified holiday;
	(b)	any time between 1900 hours and 0700 hours on any other day;
	“constable” means:
	(a)	a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;
	(b)	a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;
	(c)	a person appointed under section 55(1) of the Energy Act 2004;
	(d)	a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;
	(e)	a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
	(f)	a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;
	(g)	a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005;
	“mental disorder” has the meaning in section 328 of the Mental Health (Care and Treatment)(Scotland) Act 2003;
	“specified holiday” means:
	(a)	New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;
	(b)	2nd January or
		(i)	if it is a Saturday, 4th January;
		(ii)	if it is Sunday, 4th January;
	(c)	Good Friday;
	(d)	Easter Monday;
	(e)	the first Monday in May;
	(f)	30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;
	(g)	Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;
	(h)	26th December or
		(i)	if it is a Saturday, 28th December;
		(ii)	if it is a Sunday, 28th December.
				Standard Rate	Higher Rate
3.		Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44.		£81.12	£107.89
4.		Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)—
(a)		aggregate time engaged or waiting is 2 hours or less; or		£124.38	£165.42
(b)	(i)	aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and		£216.30	£287.68
	(ii)	for each additional hour over 4 hours (or part thereof).		£54.08	£71.93
5.		Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3.		£32.45	£43.16
6.		Travelling Time in relation to personal attendance
(a)		The fee for travel time engaged is 2 hours or less per half hour (or part thereof).		£12.55	£16.70
(b)		The fee for travel time engaged is more than 2 hours, where authorised by the Board in advance per half hour (or part thereof).		£12.55	£16.70

   

 

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Table of fees [113] allowed to solicitors for advice and assistance in relation to Sections 32 and 44 of the Criminal Justice (Scotland) Act 2016

1.(a) Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client—
	(i)		voluntarily attends for interview,
	(ii)		is in custody,
	(iii)		voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody.
(b)	Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody.
(c)	(i)		Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during an unsocial time.
	(ii)		Where a fee under paragraph 5 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time.
2. In this part—
“unsocial time” means-   (a)    a Saturday, Sunday or specified holiday; (b)    any time between 1900 hours and 0700 hours on any other day;   “constable” means-   (a)    a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012; (b)    a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003; (c)    a person appointed under section 55(1) of the Energy Act 2004; (d)    a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987; (e)    a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971; (f)     a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act; (g)    a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005;
“mental disorder” has the meaning given in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
“specified holiday” means:
(a)     New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day; (b)     2nd January or
(i)    if it is a Saturday, 4th January; (ii)    if it is Sunday, 4th January;
(c)     Good Friday; (d)     Easter Monday; (e)     the first Monday in May; (f)      30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November; (g)     Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day; (h)     26th December or
(i)    if it is a Saturday, 28th December; (ii)    if it is a Sunday, 28th December.

 

 

		Standard Rate where work is completed before 26 April 2019	Higher Rate where work is completed before 26 April 2019	Standard Rate where work is completed on or after 26 April 2019	Higher Rate where work is completed on or after  26 April 2019
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44.	£75.00	£99.75	£77.25	£102.75
4.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)—
(a)	aggregate time engaged or waiting is 2 hours or less; or	£115.00	£152.95	£118.45	£157.54
(b)(i)	aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and	£200.00	£266.00	£206.00	£273.98
(ii)	for each additional hour over 4 hours (or part thereof).	£50.00	£66.50	£51.50	£68.50
5.	Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3.	£30.00	£39.90	£30.90	£41.10
6.	Fee for travelling time in relation to personal attendance –
(a)	travel time engaged is 2 hours or less per half hour (or part thereof); and.	£11.60	£15.43	£11.95	£15.90
(b)	travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).	£11.60	£15.43	£11.95	£15.90

 

 

[As amended by SSI 2023 No 313 in force 15 November 2023]

SCHEDULE 3

PART VI

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.

 

---

 

1.	(a)   Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(c)   Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right  to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4.
	(d)   Where a client's detention under section  41  of  the  2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(e)  Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(f)   where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time.
2.	In this part—
	“unsocial time” has the meaning given in Part IV of this schedule
				Standard Rate	Higher Rate
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client   has    exercised a right to consult a solicitor in person –
		(a) aggregate time engaged or waiting is 2 hours or less; or		£143.93	£191.42
		(b)	(i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours;	£250.29	£332.89
			(ii) for each additional hour over 4 hours (or part thereof).	£62.59	£83.24
4.	Inclusive fee for a consultation conducted by a solicitor, otherwise than in person			£37.56	£49.95
5.	Fee for travelling time in relation to personal attendance—
		(a) travel time engaged is 2 hours or less per half hour (or part thereof); and		£14.53	£19.33
		(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).		£14.53	£19.33

 

 

 

 

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

SCHEDULE 3

PART VI

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.

 

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1.	(a)   Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(c)   Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right  to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4.
	(d)   Where a client's detention under section  41  of  the  2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(e)  Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(f)   where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time.
2.	In this part—
	“unsocial time” has the meaning given in Part IV of these regulations
				Standard Rate	Higher Rate
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client   has    exercised a right to consult a solicitor in person –
		(a) aggregate time engaged or waiting is 2 hours or less; or		£143.93	£191.42
		(b)	(i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours;	£250.29	£332.89
			(ii) for each additional hour over 4 hours (or part thereof).	£62.59	£83.24
4.	Inclusive fee for a consultation conducted by a solicitor, otherwise than in person			£37.56	£49.95
5.	Fee for travelling time in relation to personal attendance—
		(a) travel time engaged is 2 hours or less per half hour (or part thereof); and		£14.53	£19.33
		(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).		£14.53	£19.33

 

 

 

 

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

SCHEDULE 3

PART VI

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.

 

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1.	(a)   Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(c)   Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right  to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4.
	(d)   Where a client's detention under section  41  of  the  2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(e)  Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(f)   where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time.
2.	In this part—
	“unsocial time” has the meaning given in Part IV of these regulations
				Standard Rate	Higher Rate
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client   has    exercised a right to consult a solicitor in person –
		(a) aggregate time engaged or waiting is 2 hours or less; or		£130.60	£173.70
		(b)	(i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours;	£227.12	£302.07
			(ii) for each additional hour over 4 hours (or part thereof).	£56.79	£75.53
4.	Inclusive fee for a consultation conducted by a solicitor, otherwise than in person			£34.08	£45.32
5.	Fee for travelling time in relation to personal attendance—
		(a) travel time engaged is 2 hours or less per half hour (or part thereof); and		£13.18	£17.54
		(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).		£13.18	£17.54

 

 

Cases made available before 17 February 2021: your account must be charged in accordance with the fees prescribed in Part IV of schedule 3.

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

SCHEDULE 3

PART VI

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.

 

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1.	(a)   Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
	(c)   Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right  to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4.
	(d)   Where a client's detention under section  41  of  the  2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(e)  Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule,
		(i)   where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
		(ii)   where the solicitor is not in attendance already, the fee under paragraph 3.
	(f)   where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time.
2.	In this part—
	“unsocial time” has the meaning given in Part IV of these regulations
				Standard Rate	Higher Rate
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client   has    exercised a right to consult a solicitor in person –
		(a) aggregate time engaged or waiting is 2 hours or less; or		£124.38	£165.42
		(b)	(i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours;	£216.30	£287.68
			(ii) for each additional hour over 4 hours (or part thereof).	£54.08	£71.93
4.	Inclusive fee for a consultation conducted by a solicitor, otherwise than in person			£32.45	£43.16
5.	Fee for travelling time in relation to personal attendance—
		(a) travel time engaged is 2 hours or less per half hour (or part thereof); and		£12.55	£16.70
		(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).		£12.55	£16.70

 

Cases made available before 17 February 2021: your account must be charged in accordance with the fees prescribed in Part IV of schedule 3.

Table of fees allowable to solicitors for advice and assistance in relation to section 41 and schedule 7 of the Terrorism Act 2000 and Part 1 of schedule 3 of the Counter-terrorism and Border Security Act 2019.

In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.

1.       (a) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. (b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act applies has not exercised their right to consult a solicitor in person, the fee under paragraph 4. (c) Where a  client  to whom paragraph 16A(5)    of    schedule 8 of the 2000 Act applies or paragraph 37(6)  of  schedule  3 of   the   2019    Act has exercised a right  to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4. (d) Where a client’s detention under section  41  of  the  2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review  officer in accordance with paragraph 26 of that schedule,
	(i)  where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); (ii)  where the solicitor is not in attendance already, the fee under paragraph 3.
(e) Where a client’s detention    under   Part 1    of    schedule    3 of the 2019 Act is reviewed in accordance with   paragraph    52 of that schedule  and  on the instruction of that client a solicitor makes representations to the review  officer in accordance with paragraph 54 of that schedule,
	(i)  where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); (ii)  where the solicitor is not in attendance already, the fee under paragraph 3.
(f) where    a    fee  is  claimed  by  virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time. 2.       In this part— “unsocial time” has the meaning given in Part IV of these regulations
			Standard Rate	Higher Rate
3.       Inclusive fee, excluding travel, for personal attendance by a solicitor where the client   has    exercised a right to consult a solicitor in person –
	(a)  aggregate time engaged or waiting is 2 hours or less; or		£118.45	£157.54
	(b)	(i)  aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and	£206.00	£273.98
		(ii)  for each additional hour over 4 hours (or part thereof).	£51.50	£68.50
4.       Inclusive fee for a consultation conducted by a solicitor, otherwise than in person—			£30.90	£41.10
5.      Fee for travelling time in relation to personal attendance—
	(a)   travel time engaged is 2 hours or less per half hour (or part thereof); and		£11.95	£15.90
	(b)   travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).		£11.95	£15.90

 

 

 

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

SCHEDULE 3

PART III

TABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

   A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.

 

A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016
1.	Section 19 - Application for review of conditions of investigative liberation
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing;	£62.59
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£93.87
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£62.59
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£7.28
2.	Section 30 - Application for review of undertaking conditions
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing;	£62.59
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£93.87
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£62.59
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£7.28
3.	Section 36(1)(a) – Application for authorisation for questioning by a prosecutor
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing;	£62.59
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£93.87
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£62.59
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£7.28

 

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

SCHEDULE 3

PART III

TABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

   A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.

 

A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016
1.	Section 19 - Application for review of conditions of investigative liberation
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60
2.	Section 30 - Application for review of undertaking conditions
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60
3.	Section 36(1)(a) – Application for authorisation for questioning by a prosecutor
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60

 

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

SCHEDULE 3

PART III

TABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016

   A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.

 

A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016
1.	Section 19 - Application for review of conditions of investigative liberation
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28
2.	Section 30 - Application for review of undertaking conditions
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28
3.	Section 36(1)(a) – Application for authorisation for questioning by a prosecutor
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28

 

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([1])   Criminal Justice (Scotland) Act 2016

A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.

 

1.	Section 19 - Application for review of conditions of investigative liberation
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£50.00
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£75.00
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£50.00
(c)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£5.80
2.	Section 30 - Application for review of undertaking conditions
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£50.00
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£75.00
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£50.00
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£5.80
3.	Section 36(1)(a) – Application for authorisation for questioning by a prosecutor
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£50.00
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£75.00
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£50.00
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.

 

[As amended by SSI 2023 No 313 in force 15 November 2023]

SCHEDULE 3

PART V

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000

    A reference in this Table of Fees to a paragraph is a reference to a paragraph of schedule 8 of the Terrorism Act 2000.

 

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Paragraph 29 (application for warrant of further detention) or 36 (application for extension of warrant of further detention)
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.;	£62.59
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£93.87
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£62.59
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£7.28

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

SCHEDULE 3

PART V

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.

 

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Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£62.59
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£93.87
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£62.59
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£7.28
Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£62.59
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£93.87
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£62.59
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£7.28

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

SCHEDULE 3

PART V

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.

 

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Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60
Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£56.79
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£85.18
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£56.79
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.60

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

SCHEDULE 3

PART V

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000

   In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.

 

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Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28
Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention
(a)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£54.08
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£81.12
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing;	£54.08
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£6.28

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Cases made available before 17 February 2021: your account must be charged in accordance with the fees prescribed in Part I of schedule 3.

Table of fees allowable to solicitors for assistance by way of representation for proceedings under schedule 8 of the Terrorism Act 2000

In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.

Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of  further detention

(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£51.50
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£77.25
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£51.50
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£5.98

Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention

(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.	£51.50
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing.	£77.25
(c)	Additional fee, excluding travel, for second or subsequent court hearing, per hearing.	£51.50
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£5.98

 

[As introduced by SSI 2023 No 313 in force 15 November 2023. This fee table is in force, but these fees are not available until the relevant provisions of the National Security Act 2023 have been commenced.]

SCHEDULE 3

PART VII

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 6 OF THE NATIONAL SECURITY ACT 2023

   A reference in this Table of Fees to a paragraph is a reference to a paragraph of schedule 6 of the National Security Act 2023.

 

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Paragraph 37 (application for warrant of further detention) or 44 (application for extension of warrant of further detention)
(a)	Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing;	£62.59
(b)	Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing;	£93.87
(c)	Additional fee, excluding travel, for second or subsequent court hearing (including a hearing in relation to an application for an order under paragraph 42 (information)), per hearing.;	£62.59
(d)	Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour.	£7.28

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[As introduced by SSI 2023 No 313 in force 15 November 2023. This fee table is in force, but these fees are not available until the relevant provisions of the National Security Act 2023 have been commenced.]

SCHEDULE 3

PART VIII

TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 27 AND SCHEDULE 6 OF THE NATIONAL SECURITY ACT 2023

   In this Table of Fees “the 2023 Act” means the National Security Act 2023.

 

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1.	(a)  Where a client to whom paragraph 15(6) of schedule 6 of the 2023 Act applies has exercised their right to consult a solicitor.
		(i)   if the solicitor attends the consultation in person, the fee under paragraph 3;
		(ii)   if the solicitor attends the consultation other than in person, the fee under paragraph 4.
	(b)  Where a client’s detention under section 27 of the 2023 Act is reviewed in accordance with paragraph 29 of schedule 6 of that Act and on the instruction of that client the solicitor makes representations to the review officer in accordance with paragraph 34 of that schedule of that Act,
		(i)   if the solicitor makes the representations in person;
			(aa)   where the solicitor was already in attendance in person at the time at which they were instructed to make the representations, an additional fee at the rate specified in paragraph 3(b)(ii);
			(bb)   where the solicitor was not already in attendance in person at the time at which they were instructed to make the representations, the fee under paragraph 3.
		(ii)   where the solicitor makes the representations other than in person, the fee under paragraph 4;
	(c)  where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time.
2.	In this part—
	“unsocial time” has the meaning given in Part IV of this schedule
				Standard Rate	Higher Rate
3.	Inclusive fee, excluding travel, for personal attendance by a solicitor where the client consults the solicitor in person—
		(a) where aggregate time engaged or waiting is 2 hours or less; or		£143.93	£191.42
		(b) where aggregate time engaged or waiting is more than 2 hours; or
			(i) time engaged or waiting up to and including 4 hours; and	£250.29	£332.89
			(ii) for each additional hour over time engaged or waiting over 4 hours (or part thereof).	£62.59	£83.24
4.	Inclusive fee for a consultation conducted by a solicitor, otherwise than in person			£37.56	£49.95
5.	Fee for travelling time in relation to personal attendance by a solicitor—
		(a) for travel time engaged of 2 hours or less, per half hour (or part thereof); and		£14.53	£19.33
		(b)for travel time engaged of more than 2 hours, where authorised by the Board in advance, per half hour (or part thereof). .		£14.53	£19.33

 

 

Identification parade fees

When you act as a solicitor representing a client [section 22(1)(a) of the legal Aid (Scotland) Act 1986], you are entitled to the following fees [regulation 5 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For attending an identification parade – under paragraph 2:

• £142.68 for the first hour.
• £15.88 for each subsequent quarter of an hour.

For attending an identification parade where paragraph (2) does not apply:

• £117.41 for the first hour.
• £14.80 for each subsequent quarter of an hour.

Where attendance at an identification parade is required on more than one occasion, each occasion is a separate identification parade.

A “solicitor” means the duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor.

Court duty solicitor fees

As a duty solicitor representing an accused person in the sheriff or JP court, you are entitled to the following fees [regulation 6 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For appearing in either the sheriff or JP court

£87.61 for work done for each client appearing from custody or on an undertaking for which a plea of guilty is tendered.

For attendance at the first session of a court for the day

A sessional fee of £78.85 for the first case and £11.28 for each additional case where a plea of not guilty is tendered or the case is continued without plea (under section 145 of the 1995 Act). The fees payable are subject to a maximum total fee of £182 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier.

For attendance at any other session of that court on the same day

A sessional fee of £78.85 for the first case and £11.28 for each additional case where a plea of not guilty is tendered or the case continued without plea. The fees payable are subject to a maximum total fee of £127 for each such other session. Provided that the fee shall cover the appearance in court of the duty solicitor on behalf of the client as well as any interviews with the client or others.

Duty sessions

“Session” has a particular meaning in the context of the criminal fees regulations, as a block of work carried out at any given time terminating only on completion of business for the day or on an adjournment by the court.

You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.

Holiday Courts

From 1 April 2022 if, as the duty solicitor, you are required to appear at a holiday court sitting for a person appearing from custody on the day on which that person is first brought to a court to answer a complaint, an additional fee of £88.16 shall be payable in respect of that case. The fee is not taken into account in relation to any of the fee caps that exist for duty work. “Holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014. "Ccourt holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995.

Duty follow-up fees

If as the duty solicitor you are required to appear again after a plea of guilty or numerous adjournments from the court, an additional fee shall be payable for:

• Additional interviews with the client or others.
• Attendances at court outwith the course of your period of duty.

The additional fees must be charged on the basis of the relevant fees set out in Schedule 1A, Part 1 of the table of fees. Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. There is a statutory cap on fees in any case where there is follow-up work under duty and the total aggregate fees for the case, including the £87.61 payment in respect of the initial guilty plea, may not exceed the limit of £276.

We have the discretion to increase the cap in exceptional cases. You should contact the Criminal Applications Department for prior authorisation.

Preliminary pleas and pleas to the competency/relevancy

You are also allowed an additional fee as the court duty solicitor making:

• A preliminary plea to the competency or relevancy of the petition or complaint.
• Any plea in bar of trial or any mental health proof.

The amount of such additional fee should not exceed £180. We have a discretion to lift this cap in appropriate cases.

Client released prior to any court appearance

There is still provision for payment to be made to the court duty solicitor where you see a client in custody but prior to any court appearance the client:

• Is released.
• Is transferred.
• Accepts a fine.

The court duty solicitor can charge the per capita fee of £11.28, as appropriate.

The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.

 

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Identification parade fees

When you act as a solicitor representing a client [section 22(1)(a) of the legal Aid (Scotland) Act 1986], you are entitled to the following fees [regulation 5 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For attending an identification parade – under paragraph 2:

• £129.47 for the first hour.
• £14.41 for each subsequent quarter of an hour.

For attending an identification parade where paragraph (2) does not apply:

• £106.54 for the first hour.
• £13.43 for each subsequent quarter of an hour.

Where attendance at an identification parade is required on more than one occasion, each occasion is a separate identification parade.

A “solicitor” means the duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor.

Court duty solicitor fees

As a duty solicitor representing an accused person in the sheriff or JP court, you are entitled to the following fees [regulation 6 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For appearing in either the sheriff or JP court

£79.50 for work done for each client appearing from custody or on an undertaking for which a plea of guilty is tendered.

For attendance at the first session of a court for the day

A sessional fee of £71.55 for the first case and £10.23 for each additional case where a plea of not guilty is tendered or the case is continued without plea (under section 145 of the 1995 Act). The fees payable are subject to a maximum total fee of £165 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier.

For attendance at any other session of that court on the same day

A sessional fee of £71.55 for the first case and £10.23 for each additional case where a plea of not guilty is tendered or the case continued without plea. The fees payable are subject to a maximum total fee of £115 for each such other session. Provided that the fee shall cover the appearance in court of the duty solicitor on behalf of the client as well as any interviews with the client or others.

Duty sessions

“Session” has a particular meaning in the context of the criminal fees regulations, as a block of work carried out at any given time terminating only on completion of business for the day or on an adjournment by the court.

You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.

Holiday Courts

From 1 April 2022 if, as the duty solicitor, you are required to appear at a holiday court sitting for a person appearing from custody on the day on which that person is first brought to a court to answer a complaint, an additional fee of £80 shall be payable in respect of that case. The fee is not taken into account in relation to any of the fee caps that exist for duty work. “Holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014. "Ccourt holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995.

Duty follow-up fees

If as the duty solicitor you are required to appear again after a plea of guilty or numerous adjournments from the court, an additional fee shall be payable for:

• Additional interviews with the client or others.
• Attendances at court outwith the course of your period of duty.

Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. There is a statutory cap on fees in any case where there is follow-up work under duty and the total aggregate fees for the case, including the £79.50 payment in respect of the initial guilty plea, may not exceed the limit of £250.

We have the discretion to increase the cap in exceptional cases. You should contact the Criminal Applications Department for prior authorisation.

Preliminary pleas and pleas to the competency/relevancy

You are also allowed an additional fee as the court duty solicitor making:

• A preliminary plea to the competency or relevancy of the petition or complaint.
• Any plea in bar of trial or any mental health proof.

The amount of such additional fee should not exceed £150. We have a discretion to lift this cap in appropriate cases.

Client released prior to any court appearance

There is still provision for payment to be made to the court duty solicitor where you see a client in custody but prior to any court appearance the client:

• Is released.
• Is transferred.
• Accepts a fine.

The court duty solicitor can charge the per capita fee of £10.23, as appropriate.

The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.

 

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Identification parade fees

When you act as a duty solicitor representing a client [section 22(1)(a) of the legal Aid (Scotland) Act 1986], you are entitled to the following fees [regulation 5 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For attending an identification parade – under paragraph 2:

• £123.30 for the first hour.
• £13.72 for each subsequent quarter of an hour.

For attending an identification parade where paragraph (2) does not apply:

• £101.46 for the first hour.
• £12.79 for each subsequent quarter of an hour.

Where attendance at an identification parade is required on more than one occasion, each occasion is a separate identification parade.

A “solicitor” means the duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor.

Court duty solicitor fees

As a duty solicitor representing an accused person in the sheriff or JP court, you are entitled to the following fees [regulation 6 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For appearing in either the sheriff or JP court

£75.71 for work done for each client appearing from custody or on an undertaking for which a plea of guilty is tendered.

For attendance at the first session of a court for the day

A sessional fee of £68.14 for the first case and £9.74 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £140 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier.

For attendance at any other session of that court on the same day

A sessional fee of £68.14 for the first case and £9.74 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £93 for each such other session. Provided that the fee shall cover the appearance in court of the duty solicitor on behalf of the client as well as any interviews with the client or others.

Duty sessions

“Session” has a particular meaning in the context of the criminal fees regulations, as a block of work carried out at any given time terminating only on completion of business for the day or on an adjournment by the court.

It is not open to you to unilaterally declare a new session simply because of the number of clients seen in relation to the per capita fees. You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.

Duty follow-up fees

If as the duty solicitor you are required to appear again after a plea of guilty or numerous adjournments from the court, an additional fee shall be payable for:

• Additional interviews with the client or others.
• Attendances at court outwith the course of your period of duty.

Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. This additional fee should not exceed £150. This duty follow-up limit includes the initial £75.71 payment in respect of the initial guilty plea.

The enhanced guilty plea payment is discounted from the follow-up cap. However, we have the discretion to increase the cap in exceptional cases. You should contact the Criminal Applications Department for prior authorisation.

Preliminary pleas and pleas to the competency/relevancy

You are also allowed an additional fee as the court duty solicitor making:

• A preliminary plea to the competency or relevancy of the petition or complaint.
• Any plea in bar of trial or any mental health proof.

The amount of such additional fee should not exceed £150. We have a discretion to lift this cap in appropriate cases.

Client released prior to any court appearance

There is still provision for payment to be made to the court duty solicitor where you see a client in custody but prior to any court appearance the client:

• Is released.
• Is transferred.
• Accepts a fine.

The court duty solicitor can charge the per capita fee of £9.74, as appropriate.

The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.

 

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Identification parade fees

When you act as a duty solicitor representing a client [section 22(1)(a) of the legal Aid (Scotland) Act 1986], you are entitled to the following fees [regulation 5 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For attending an identification parade – under paragraph 2:

• £117.42 for the first hour.
• £13.06 for each subsequent quarter of an hour.

For attending an identification parade where paragraph (2) does not apply:

• £96.62 for the first hour.
• £12.18 for each subsequent quarter of an hour.

Where attendance at an identification parade is required on more than one occasion, each occasion is a separate identification parade.

A “solicitor” means the duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor.

Court duty solicitor fees

As a duty solicitor representing an accused person in the sheriff or JP court, you are entitled to the following fees [regulation 6 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].

For appearing in either the sheriff or JP court

£72.10 for work done for each client appearing from custody or on an undertaking for which a plea of guilty is tendered.

For attendance at the first session of a court for the day

A sessional fee of £64.89 for the first case and £9.27 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £140 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier.

For attendance at any other session of that court on the same day

A sessional fee of £64.89 for the first case and £9.27 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £93 for each such other session. Provided that the fee shall cover the appearance in court of the duty solicitor on behalf of the client as well as any interviews with the client or others.

Duty sessions

“Session” has a particular meaning in the context of the criminal fees regulations, as a block of work carried out at any given time terminating only on completion of business for the day or on an adjournment by the court.

It is not open to you to unilaterally declare a new session simply because of the number of clients seen in relation to the per capita fees.  You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.

Duty follow-up fees

If as the duty solicitor you are required to appear again after a plea of guilty or numerous adjournments from the court, an additional fee shall be payable for:

• Additional interviews with the client or others.
• Attendances at court outwith the course of your period of duty.

Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. This additional fee should not exceed £150.  This duty follow-up limit includes the initial £72.10 payment in respect of the initial guilty plea.

The enhanced guilty plea payment is discounted from the follow-up cap. However, we have the discretion to increase the cap in exceptional cases. You should contact the Criminal Applications Department for prior authorisation.

Preliminary pleas and pleas to the competency/relevancy

You are also allowed an additional fee as the court duty solicitor making:

• A preliminary plea to the competency or relevancy of the petition or complaint.
• Any plea in bar of trial or any mental health proof.

The amount of such additional fee should not exceed £150. We have a discretion to lift this cap in appropriate cases.

Client released prior to any court appearance

There is still provision for payment to be made to the court duty solicitor where you see a client in custody but prior to any court appearance the client:

• Is released.
• Is transferred.
• Accepts a fine.

The court duty solicitor can charge the per capita fee of £9.27, as appropriate.

The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.

 

 

[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 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 1 April 2023]

SCHEDULE 1

PART I

 

				Where professional services are provided in relation to proceedings in the JP Court	Where professional services are provided in relation to proceedings in the sheriff court (other than proceedings in a Court specified in schedule 2)	Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
1. All work up to and including:				£347.92; or £319.52 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below.	£572.00; or £543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below.	£628.79; or £600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below.
(i)			any diet at which a plea of guilty is made and accepted or plea in mitigation is made;
(ii)			the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 2 below applies;
(iii)			the first 30 minutes of conducting any trial;
(iiia)			a first or second diet of deferred sentence; and
(iv)			advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
together with any subsequent or additional work other than that specified in paragraphs 2-10 below.
2. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement.				£28.40	£56.79	£56.79
3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes).				£85.19	£113.56	£113.56
4. Conducting a trial or proof in mitigation for the second and each subsequent day				£227.12	£340.38	£340.38
5 Conducting a proof of a victim statement:					£340.68	£340.68
(i)	where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day), or
(ii)	at a continued diet following a concluded trial or proof in mitigation (per day).
6. Representation at a third or subsequent diet of deferred sentence.				££28.40	£56.79	£56.79
7. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment).				£28.40	£28.40	£28.40
8. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid.				£28.40	£28.40	£28.40
9. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid.				£28.40	£28.40	£28.40
10. All work done in connection with:—
(a)	a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than work under sub-paragraph (b) below,			£56.79	£56.79	£56.79
(b)	representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed. Fee per appearance.			£34.08	£34.08	£34.08

 

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

SCHEDULE 1

PART I

 

				Where professional services are provided in relation to proceedings in the JP Court	Where professional services are provided in relation to proceedings in the sheriff court (other than proceedings in a Court specified in schedule 2)	Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
1. All work up to and including:				£335.01; or £306.62 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.	£550.76; or £522.37 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.	£607.55; or £579.15 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below.
(i)			any diet at which a plea of guilty is made and accepted or plea in mitigation is made;
(ii)			the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies;
(iii)			the first 30 minutes of conducting any trial;
(iiia)			a first or second diet of deferred sentence; and
(iv)			advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
together with any subsequent or additional work other than that specified in paragraphs 2-13 below.
2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016.				£167.51	£275.39	£275.39
3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement.				£28.40	£56.79	£56.79
4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes).				£56.79	£113.56	£113.56
4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings.				£28.40	£56.79	£56.79
4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence.				£56.79	£113.56	£113.56
5. Conducting a trial or proof in mitigation for the second day.				£56.79	£227.12	£227.12
6. Conducting a trial or proof in mitigation for the third and subsequent days (per day).				£113.56	£454.23	£454.23
7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence.					£56.79
8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day).					£227.12
9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day).					£227.12
10. Representation per appearance—				£28.40	£56.79	£56.79
(a)	in a court which has been designated as a youth court by the sheriff principal;
(b)	in a court which has been designated as a domestic abuse court by the sheriff principal;
(c)	at a hearing in respect of a community supervision order
10ZA. Representation in a court, per appearance, at a deferred sentence hearing other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence.				£28.40 where the hearing relates to one complaint; or £42.60 where the hearing relates to more than one complaint	£56.79 where the hearing relates to one complaint; or £85.18 where the hearing relates to more than one complaint	£56.79 where the hearing relates to one complaint; or £85.18 where the hearing relates to more than one complaint
10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment).				£28.40	£28.40	£28.40
11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid.				£28.40	£28.40	£28.40
12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid.				£28.40	£28.40	£28.40
13. (a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) or (c) below.				£56.79	£56.79	£56.79
(b)		Representation in such an appeal where counsel not employed.		£34.08	£34.08	£34.08
(c)		Representation at a continued diet in such an appeal where counsel not employed.		£34.08	£34.08	£34.08