The Criminal Legal Aid (Scotland) (Fees) Regulations 1989

Made: 14th August 1989

Laid before Parliament: 17th August 1989

Coming into force: 31st August 1989

The Secretary of State, in exercise of the powers conferred upon him by section 33 of the Legal Aid (Scotland) Act 1986[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 and shall come into force on 31st August 1989.

Interpretation

2

• (1) In these Regulations, unless the context otherwise requires—

• “the 1986 Act” means the Legal Aid (Scotland) Act 1986;

• “the 1988 Act” means the Road Traffic Act 1988;

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;

• “the 1995 Consolidation Act” means the Criminal Law (Consolidation) (Scotland) Act 1995;

• “the 2000 Act” means the Terrorism Act 2000;

• “auditor” means the appropriate auditor of court specified in regulation 11;

• “counsel” includes a solicitor-advocate;

• “duty solicitor” means a solicitor who is available for the purpose of giving criminal legal aid by virtue of an arrangement made by the Board under section 31(8) of the 1986 Act;

• “High Court” means the High Court of Justiciary;

• “junior counsel” or “junior” includes a junior solicitor-advocate;

• “nominated solicitor” means–the solicitor nominated to act by a person to whom criminal legal aid has been made available; orthe solicitor appointed under section 288D of the Criminal Procedure (Scotland) Act 1995 (appointment by court of solicitor for person accused of sexual offence)

• “outlays” does not include fees payable to counsel;

• “right of audience” means, in relation to a solicitor, a right of audience in the Supreme Court or the High Court of Justiciary which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980;

• “senior counsel” or “senior” includes a senior solicitor-advocate except in paragraph (1A) below;

and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.

• (1A) For the purposes of these Regulations, a solicitor-advocate shall be–

• (a) a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case where the proceedings relate to a prosecution or conviction for murder or where the Board has authorised the employment of senior counsel under regulation 14(1)(a) or (2) of the Criminal Legal Aid (Scotland) Regulations);

• (b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, whether or not the Board has authorised the employment of senior counsel in the case.

• (2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to one of these Regulations and any reference to a numbered Schedule is to a Schedule to these Regulations.

Fees and outlays to which the Regulations apply

3

Subject to the provisions of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999, these Regulations shall regulate the fees and outlays allowable to solicitors, and the fees allowable to counsel, from the Fund in respect of criminal legal aid under the 1986 Act, upon any taxation in accordance with regulation 11, in respect of which the proceedings are concluded on or after 31st August 1989.

Fees allowance to solicitors: general provisions

4

• (1) Subject to the following provisions of this regulation and to regulations 5, 6 and 9, the fees allowable to solicitors shall be those specified in Schedule 1.

• (2) Where a nominated solicitor represents two or more persons charged in the same indictment or complaint, or appealing against conviction or sentence in respect of the same indictment or complaint he shall submit one account in respect of all those persons.

• (3) Where a nominated solicitor requires another solicitor, whether an Edinburgh solicitor in connection with an appeal or on a remit for sentence, or a solicitor at the place of the prison or the court, or a local solicitor for the purpose of local precognitions or inquiry, nevertheless only one account shall be submitted by the nominated solicitor (payment of the other solicitor being a matter for adjustment between the nominated solicitor and the other solicitor out of the fees payable hereunder), but in determining the sum to be allowed to the nominated solicitor account shall be taken also of the work carried out by that other solicitor.

• (4) Where the work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees allowed to the solicitor an amount equal to the amount of value added tax chargeable.

Solicitors' fees for identification parades and judicial examinations

5

• (1) For attending an identification parade to which section 21(4)(b) of the 1986 Act applies, a solicitor shall be allowed a fee at the following rates:—

• (a) where paragraph (2) applies—

• (i) £114.00 for the first hour; and

• (ii) £12.67 for each subsequent quarter of an hour; or

• (b) where paragraph (2) does not apply—

• (i) £93.80 for the first hour; and

• (ii) £11.82 for each subsequent quarter of an hour.

• (2) This paragraph applies where a solicitor represents an accused person at an identification parade in connection with or in contemplation of solemn criminal proceedings if—

• (a) when the identification parade is held, criminal legal aid has been made available in respect of those proceedings and the solicitor is the nominated solicitor; or

• (b) after the identification parade has been held, criminal legal aid is made available in respect of those proceedings and the solicitor becomes the nominated solicitor.

• (3) In paragraphs (1) and (2) “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.

• (4) For the purposes of paragraph (1), where attendance at an identification parade is required on more than one occasion each occasion is a separate identification parade.

• (5) Subject to paragraph (6), the duty solicitor shall be allowed in respect of representing an accused person at a judicial examination (whether a first examination or a further examination) to which sections 35 to 39 of the Criminal Procedure (Scotland) Act 1995 apply—

• (a) fees in accordance with the rates specified in regulation 6(1); and

• (b) fees in respect of any necessary waiting time or any other necessary work relating to the judicial examination, determined in accordance with regulation 7.

• (6) No fee shall be allowed under paragraph (5) if the duty solicitor goes on to become the accused person’s nominated solicitor in respect of the same proceedings and entitled to a fee in accordance with paragraph 1 of Part 2 of the Table of Fees set out in Schedule 1.

Duty solicitors' fees

6

• (1) There shall be allowed to the duty solicitor representing accused persons in the sheriff or district court fees on the following scales:—

• (a) for attendance at the first session of a court for the day, a sessional fee of £63 for the first case in which the accused person pleads not guilty or which is adjourned under section 145 of the 1995 Act and £9 for each additional such case, 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;

• (aa) for attendance at that session, a fee of £70 for each case in which the accused pleads guilty;

• (b) for attendance at any other session of that court on the same day, a sessional fee of £63 for the first case in which the accused person pleads not guilty or which is adjourned under section 145 of the 1995 Act and £9 for each additional such case, subject to a maximum total fee of £93 for each such other session. Provided that the fee according to the foregoing scale shall cover the appearance in court of the duty solicitor on behalf of the accused as well as any interview or interviews with the accused or others whether such interview or interviews take place during the same or another session;

• (c) for attendance at any such other session, a fee of £70 for each case in which the accused pleads guilty:

• (2) Where, following a plea of guilty or in circumstances where the accused has not been called on to plead, one or more adjournments are ordered by the court, and the duty solicitor requires to appear again, then an additional fee shall be payable to the duty solicitor in respect of—

• (a) additional interviews with the accused or others; and

• (b) attendances at court other than during the course of the duty solicitor’s period of duty.

• The amount of such additional fee calculated on the basis of the fees set out in Schedule 1 shall be such sum not exceeding £150 (of which the relevant fee of £70 under paragraph (1) is to form part) as shall form reasonable remuneration having regard to the additional work and time involved.

• (3) There shall be allowed to the duty solicitor making, for an accused person in the sheriff court or district court, a preliminary plea to the competency or relevancy of the petition or complaint, or conducting any plea in bar of trial or any mental health proof, or any proof in mitigation or any proof of a victim statement, an additional fee to be calculated on the basis of the fees set out in Schedule 1, the amount of such additional fee to be such sum not exceeding £150 as shall form reasonable remuneration having regard to the additional work and time involved.

• (3A) In an exceptional case, the Board may pay to the duty solicitor such fees other than those specified in paragraph (2) or (3) (and to a higher limit) as it considers appropriate in the circumstances of the case.

• (3B) Where fees are payable under this regulation, the duty solicitor is not entitled to separate payment in respect of any expenses incurred in travelling to and from the court (despite any entitlement to such payment that would arise but for this paragraph).

• (3C) But paragraph (3B) does not prevent the Board paying such fees as are reasonably required for the purpose of securing the availability of a duty solicitor at a remote court.

• (4) Where the duty solicitor represents an accused person before a court which has been designated as a youth court, or as a domestic abuse court, by the sheriff principal, the maximum fees prescribed in paragraph (2) shall not apply.

Fees allowable to solicitors

7

• (1) Subject to the provisions of regulations 4, 5, 6 and 9, ... a solicitor shall be allowed such amount of fees as shall be determined to be reasonable remuneration for work actually and reasonably done, and travel and waiting time actually and reasonably undertaken or incurred, due regard being had to economy. The fees allowed shall be calculated in accordance with Schedule 1.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Outlays allowable to solicitors

8

• (1) A solicitor shall be allowed the following outlays , due regard being had to economy—

• (a) travelling expenses actually and reasonably incurred by himself or his clerk in connection with travel for which a fee for travelling time is chargeable and, in calculating the travelling expenses due, paragraph 5(4) of the notes on the operation of Schedule 1 applies to those expenses as it applies to the fee for travelling time;

• (b) fees paid to witnesses who are not on the Crown list, which fees shall not exceed such sums as are considered by the Board to be reasonable having regard to the sums payable from time to time by the Crown to witnesses of the same categories; and

• (c) any out of pocket expenses actually and reasonably incurred, provided that without prejudice to any other claims for outlays there shall not be allowed to a solicitor outlays representing posts and incidents.

• (2) Where a witness is a ... person giving evidence of fact or expert evidence and value added tax is chargeable in respect of giving that evidence, and the witness adds an amount equal to the tax chargeable to his note of fee, the amount so added may be allowed to the solicitor as an outlay.

Submission of accounts

9

• (1) Subject to paragraph (2) accounts prepared in respect of fees and outlays allowable to solicitors and fees allowable to counsel shall be submitted to the Board not later than 4 months after the date of conclusion of the proceedings in respect of which that legal aid was granted.

• (2) The Board may accept accounts submitted in respect of fees and outlays allowable to solicitors and fees allowable to counsel later than the 4 months referred to in paragraph (1) if it considers that there is a special reason for late submission.

Fees allowable to counsel

10

• (1) Counsel shall be allowed such fee as appears to the Board, or at taxation the auditor to represent reasonable remuneration, calculated in accordance with Schedule 2 or 3, for work actually and reasonably done, due regard being had to economy.

• (2) Where work done by counsel constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees allowable to counsel an amount equal to the amount of value added tax chargeable thereon.

Work actually and reasonably done

10A

In determining whether work has been actually and reasonably done for the purposes of these Regulations the Board, or as the case may be the auditor, is to deem solicitors and counsel to be as up to date with the substantive and procedural law of the field in which they practise as a competent solicitor or counsel practising in that field.

Taxation of fees and outlays

11

• (1) If any question or dispute arises between the Board and a solicitor or counsel as to the amount of fees or outlays allowable to the solicitor, or as to the amount of fees allowable to counsel, from the Fund in respect of legal aid in criminal proceedings in–

• (a) the High Court, including appeals, the matter shall be referred for taxation to the Auditor of the Court of Session;

• (b) the Supreme Court, the matter shall be referred for taxation to the Registrar of the Supreme Court; or

• (c) the sheriff or district court, the matter shall be referred for taxation to the auditor of the sheriff court for the district in which those proceedings took place.

• (2) A reference to an auditor under this regulation may be made at the instance of the solicitor concerned or, where the question in dispute affects the fees allowable to counsel, of the counsel concerned, or of the Board and the auditor concerned shall give reasonable notice of the diet of taxation to the solicitor or counsel as appropriate and the Board.

• (3) The Board and any other party to a reference under paragraph (1)(a) or (c) shall have the right to state written objections to the High Court or, as the case may be, the sheriff in relation to the report of the auditor within 14 days of issue of such report and the Board and any such other party may be heard thereon.

11A

• (1) In relation to proceedings in the Supreme Court, the Board and any other party to a reference to the auditor who is dissatisfied with all or part of a taxation shall have the right to lodge a petition to the Supreme Court within 14 days of the taxation setting out the items objected to and the nature and grounds of the objections.

• (2) The petition shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.

• (3) Any party upon whom such a petition is delivered may within 14 days after such delivery lodge a response to the petition which shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.

• (4) The petition and responses, if any, shall be considered by a panel of Justices, as defined by rule 3(2) of the Supreme Court Rules 2009, which may allow or dismiss the petition without a hearing, invite any or all of the parties to lodge submissions or further submissions in writing or direct that an oral hearing be held.

Revocation

12

Without prejudice to their continuation in effect for the purposes of legal aid for proceedings concluded prior to the coming into force of these Regulations; the following regulations are hereby revoked:—

• The Criminal Legal Aid (Scotland) (Fees) Regulations 1987[^f00003];

• The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1987[^f00004];

• The Criminal Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1987[^f00005];

• The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1988[^f00006];

• The Criminal Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1988[^f00007];

• The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1989[^f00008].

SCHEDULE 1 — FEES OF SOLICITORS

Notes on the operation of Schedule 1

1

• (1) In relation to solemn criminal proceedings the fee for—

• (a) all work falling within a block of work prescribed in Part 2 of the Table of Fees is the fee specified in the relevant column of that Part;

• (b) any item of work that does not fall within a block of work prescribed in Part 2 of the Table of Fees is to be calculated in accordance with Part 1 of the Table of 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).

• (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) Without prejudice to the generality of sub-paragraph (1), the following items of work do not fall within any block of work prescribed in Part 2 of the Table of 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, except as provided for in Part 2 of the Table of 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 or diet of deferred sentence 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 paragraph4(a) of Part 2 of the Table of Fees.

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 £12.67 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 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; anda “page” shall consist of 125 words or numbers.

TABLE OF FEES

PART 1 — DETAILED FEES

				Summary Procedure	Summary Procedure	Solemn Procedure
1.	In connection with the conduct of a hearing–	In connection with the conduct of a hearing–	In connection with the conduct of a hearing–
	(a)	in summary proceedings, the fee for–	in summary proceedings, the fee for–
		(i)	any time up to the first half hour spent by a solicitor conducting the hearing	£27.40	£27.40	—
		(ii)	each quarter hour spent, subsequent to the first half hour, conducting the hearing	£13.70	£13.70	—
	(b)	in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing	in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing	in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing		£19.00
2.	The fee for any of the following:–	The fee for any of the following:–	The fee for any of the following:–	The fee for any of the following:–	£6.00	£7.20
	(a)	each citation of a witness, including execution;	each citation of a witness, including execution;	each citation of a witness, including execution;
	(b)	framing and drawing necessary papers other than those referred to in paragraph 3(c);	framing and drawing necessary papers other than those referred to in paragraph 3(c);	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;	instructing messengers at arms and sheriff officers, including examining execution and settling fee;	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	lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(e); and	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).	letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).	letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3.	The fee for any of the following:–	The fee for any of the following:–	The fee for any of the following:–	The fee for any of the following:–	£2.40	£2.88
	(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;	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;	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;	short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls;	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);	framing formal papers, including inventories and title pages, per sheet (or part thereof);	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	revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and	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.	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.	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–	In connection with taking a precognition in relation to solemn proceedings–	In connection with taking a precognition in relation to solemn proceedings–	In connection with taking a precognition in relation to solemn proceedings–
	(a)	subject to paragraph7 of the notes on the operation of Schedule1, the fee for each hour (or part thereof) spent–	subject to paragraph7 of the notes on the operation of Schedule1, the fee for each hour (or part thereof) spent–	subject to paragraph7 of the notes on the operation of Schedule1, the fee for each hour (or part thereof) spent–
		(i)	travelling	travelling	—	£12.00
		(ii)	taking a statement	taking a statement	—	£12.00
	(b)	the fee for–	the fee for–	the fee for–
		(i)	framing the precognition, per sheet	framing the precognition, per sheet	—	£2.50
		(ii)	each letter making arrangements for taking a statement	each letter making arrangements for taking a statement	—	£1.50
		(iii)	a telephone call, of any duration	a telephone call, of any duration	—	£1.00
5.	Where a document is copied and it is necessary to take a copy of more than 20sheets (whether 20 of one sheet, 5 of 4sheets or whatever) for each sheet copied a fee of	Where a document is copied and it is necessary to take a copy of more than 20sheets (whether 20 of one sheet, 5 of 4sheets or whatever) for each sheet copied a fee of	Where a document is copied and it is necessary to take a copy of more than 20sheets (whether 20 of one sheet, 5 of 4sheets or whatever) for each sheet copied a fee of	Where a document is copied and it is necessary to take a copy of more than 20sheets (whether 20 of one sheet, 5 of 4sheets or whatever) for each sheet copied a fee of	£0.08	£0.09
5A.	The fee for each quarter of an hour spent travelling—	The fee for each quarter of an hour spent travelling—	The fee for each quarter of an hour spent travelling—	The fee for each quarter of an hour spent travelling—
	(a) by a solicitor	(a) by a solicitor	(a) by a solicitor	(a) by a solicitor	£5.28	£6.34
	(b) by a solicitor’s clerk	(b) by a solicitor’s clerk	(b) by a solicitor’s clerk	(b) by a solicitor’s clerk	£2.63	£3.17
6.	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs–	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs–	The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs–	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	by a solicitor, provided the time is additional to the total time charged for under paragraph 1	by a solicitor, provided the time is additional to the total time charged for under paragraph 1	£10.55	£12.67
	(b)	by a solicitor’s clerk	by a solicitor’s clerk	by a solicitor’s clerk	£5.25	£6.33

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–	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–	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–	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.	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	The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents	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	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	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–	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–	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	the first day of trial	£399.00	£285.00	£152.00
	(b)	a subsequent day of trial or diet of deferred sentence	a subsequent day of trial or diet of deferred sentence	£152.00	£114.00	£38.00
5.	The fee for all work in connection with post conviction discussions and advice, including advising and giving an opinion on the prospects of any appeal	The fee for all work in connection with post conviction discussions and advice, including advising and giving an opinion on the prospects of any appeal	The fee for all work in connection with post conviction discussions and advice, including advising and giving an opinion on the prospects of any appeal	£152.00	£152.00	£76.00
6.	Unless dealt with in the course of the preliminary hearing, the fee for all work in connection with any of the following:–	Unless dealt with in the course of the preliminary hearing, the fee for all work in connection with any of the following:–	Unless dealt with in the course of the preliminary hearing, 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;	a devolution issue, in terms of Schedule 6 to the Scotland Act 1998;
	(b)	a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;	a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act;
	(c)	a specification of documents;	a specification of documents;
	(d)	a precognition on oath;	a precognition on oath;
	(e)	an evidence on commission;	an evidence on commission;
	(f)	an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;	an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act;
	(g)	a proof in mitigation; and	a proof in mitigation; and
	(h)	an examination of facts.	an examination of facts.

SCHEDULE 2 — FEES OF COUNSEL

Notes on the operation of Schedule 2

1

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

2

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

3

In the assessment and taxation of counsel’s fees–

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

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

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

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

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

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

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

• (h) correspondence, telephone calls, written work (other than work for which fees are prescribed in the Table of Fees) and meetings between counsel acting for the same assisted person are not allowable as separate items and shall be subsumed within the fees set out for the conduct of a hearing.

Appeals in the High Court of Justiciary

4

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

5

Subject to paragraphs9 to 11B below, the fees including those within a range of fees, as prescribed in PartII of the Table of Fees, shall include all preparation.

6

Where counsel is seeking a higher fee within the range under paragraph3(d), 6(a), (b) or (c) (hearings) of Chapter1 or 2 of PartII he or she will need to justify this by establishing that due to the nature of the case an unusually high level of preparation was required or that any of the factors below exist and that they have had a significant effect on the conduct of the case:—

• (a) novelty of the issues of law;

• (b) unusually complex issues of fact;

• (c) issues of considerable legal significance.

7

Where the Auditor determines the appropriate fee he or she shall specify which of the factors in paragraph6 justify such a fee and the extent to which each of those factors contribute to that fee.

8

Where counsel is seeking a higher fee within the range under paragraph2(a), 3(a), (b), (e) or 6(d) (written work) of Chapter1 or2 of PartII he or she will need to justify this by reference to either or both of the following factors:—

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

• (b) the amount of documentation necessarily referred to.

9

Where a hearing has been fixed in an appeal under paragraph3, 4 or 6 of Chapter1 or2 of PartII of the Table of Fees counsel may claim an additional fee for preparation for the hearing only where:—

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

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

10

Where an additional fee for preparation is claimed counsel must provide the Board with details of the nature of the preparation including:—

• (a) where a higher fee has been claimed or received within a range of fees, identification of the part or parts of that fee which relate to those factors mentioned in subparagraphs(a) to(c) of paragraph6 above or to the factor of an unusually high level of preparation;

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

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

11

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

11A

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

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

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

11B

The additional fee shall be calculated by dividing the time allowed for additional preparation in terms of paragraph 11A above into units of 6hours, each unit payable at the rate of twothirds of the prescribed fee or the fee deemed appropriate within the range of fees in Chapter1 or2 of PartII of the Table of Fees.

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

12

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

13

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

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

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

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

14

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

• (a) where–

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

• (ii) the case proceeds to trial,

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

• (b) where a plea of guilty is tendered, or a plea of not guilty is accepted, up to and including the first day of trial and the case does not proceed to trial, and the level of preparation is that to which paragraph 15 (c) or (e) below applies.

15

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

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

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

• (c) the ranges are–

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

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

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

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) 2.5 days are allowable for 7,500-10,000 sheets;

• (e) where the total number of sheets exceeds 10,000 counsel shall be entitled to a fee in respect of the total preparation reasonably undertaken having regard to all the circumstances, including the general level of fees prescribed in this paragraph; and

• (f) a fee for separate preparation allowed under–

• (i) paragraph 14(a) above shall be calculated on the basis of sub-paragraph (d) or the proportion of the fee allowable under sub-paragraph (e) which is attributable to over 7,500 sheets; or

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

16

Where a fee is claimed in respect of paragraph 1B(c) of Chapter 1 or 2 of Part I of the Table of Fees–

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

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

17

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

• (a) a trial shall be taken to commence when the jury is empanelled;

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

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

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

• (e) the prescribed fees shall include all work undertaken in the case that day;

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

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

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

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

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

17A

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

18

Where counsel claims a fee for a waiting day–

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

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

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

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

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

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

• (c) no other chargeable work shall be undertaken in the case that day; and

• (d) provided that counsel remains available at court in case the trial proceeds that day, chargeable work in respect of other cases may be undertaken on that day, other than conducting a hearing or trial.

19

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

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

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

20

The supplementary fee for necessary travel specified in paragraph 7 of Chapters 1 and 2 of Part I , paragraph 9 of Chapters 1 and 2 of Part II and paragraph 6 of Chapters 1 and 2 of Part III of the Table of Fees is chargeable only as follows:–

• (a) the travel undertaken must exceed 60 miles in either direction (120 mile round trip);

• (b) the fee excludes travel costs ...;

• (c) counsel shall, if required, produce records certifying the travel undertaken;

• (d) the fee is chargeable only once per day in respect of the same journey irrespective of the number of cases for which the travel is undertaken;

• (e) the fee is chargeable only once where counsel makes the outward and return journeys on the same day; and

• (f) the fee is chargeable twice where, on cause shown and subject to the provisions of the other sub-paragraphs of this paragraph, counsel is required to travel and make the return journey on different days.

20A

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

21

The payment for necessary accommodation and subsistence specified under paragraph 8 of Chapters 1 and 2 of Part I , paragraph 10 of Chapters 1 and 2 of Part II, and paragraph 7 of the Chapters of Part III, of the Table of Fees is chargeable only in circumstances where a supplementary fee for travel is chargeable and on cause shown. Counsel shall, if required, produce records certifying the accommodation and subsistence costs incurred.

Interpretation

22

In this Schedule–

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

• “documentation” means Crown statements, precognitions, productions , including defence productions, and labels;

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

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

TABLE OF FEES

PART I

FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY

1A.
Written work
apetition to Nobile Officium	£225.00
bdrafting devolution minute	£150.00
cdrafting section 275 application under the 1995 Act	£150.00
ddrafting specification of documents	£125.00
edrafting interrogatories	£125.00
1B.
Preliminary hearing
aPreliminary hearing including managed meeting or equivalent communication with the Crown by whatever means and including any note on the line of evidence	Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
aapreliminary hearing, adjourned or continued in which witnesses called to give evidence	Payable at the full rate for a trial (paragraph3 below) depending on category of case and status of counsel.
bfurther diet under section 72(9) of the 1995 Act	Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
cadjourned diet under section 75A of the 1995 Act, or continued diet	Payable at one-half of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
dattendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing	Payable at one-half of the fee prescribed at paragraph 1B(a) above.
econduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown	Payable at one-half of the fee prescribed at paragraph 1B(a) above.
	Junior as leader	Junior Alone	Junior with leader
2Early Plea	2Early Plea	2Early Plea	2Early Plea
Hearing under section 76 of the 1995 Act	£1,250.00	£1,250.00	£625.00
3Trial per dayCategory Charges Prosecuted in the High Court	3Trial per dayCategory Charges Prosecuted in the High Court	3Trial per dayCategory Charges Prosecuted in the High Court	3Trial per dayCategory Charges Prosecuted in the High Court
aAttempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, Incest, Sodomy, Offences under the Sexual Offences Act(5), Offences against Children under the 1995 Consolidation Act(6), Offences under section 16A of the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences , Offences under the Explosive Substances Act 1883, Sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12	£750.00	£650.00	£450.00
bAttempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, ... (other than under category (a) above) Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Offences under section 16A of the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences , Offences under the Immigration Act 1971(4), Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982	£617.50	£535.00	£375.00
cPossession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1998 Act), Possession of offensive weapons, Violation of sepulchres	£495.00	£430.00	£305.00
4Miscellaneous Hearings	4Miscellaneous Hearings	4Miscellaneous Hearings	4Miscellaneous Hearings
afee for a day in court for miscellaneous hearings other than those for which a fee is prescribed	£360.00	£315.00	£225.00
bpreliminary diet	£360.00	£315.00	£225.00
chearing under section 275 of the 1995 Act	£360.00	£315.00	£225.00
dhearing on specification of documents	£360.00	£315.00	£225.00
ehearing on a devolution minute	£360.00	£315.00	£225.00
fhearing on an application by the Crown for an extension of time	£360.00	£315.00	£225.00
ghearing under section 72 of the 1995 Act	£180.00	£157.50	£112.50
hhearing on a motion to adjourn	£180.00	£157.50	£112.50
ihearing on an application for special measures	£180.00	£157.50	£112.50
jconfiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in–
iparagraph 3(a)	£750.00	£650.00	£450.00
iiparagraph 3(b)	£617.50	£535.00	£375.00
iiiparagraph 3(c)	£495	£430	£305
iv. . .
kconfiscation diet where no substantial evidence is led	£360.00	£315.00	£225.00
ldeferred sentence where mitigation is led	£360.00	£315.00	£225.00
mdeferred sentence where no mitigation is led	£180.00	£157.50	£112.50
nremit for sentence	£360.00	£315.00	£225.00
oadjourned trial diet	£180.00	£157.00	£112.00
padjourned trial diet (trial having commenced)	£360.00	£315.00	£225.00
qtrial within a trial	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
rexamination of the facts in a case of insanity or diminished responsibility	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
sproof in mitigation	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
tdeferred sentence in which evidence is taken from an expert witness	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.	Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel.
5Fee for consultations, accused and counsel meetings and locus visits	5Fee for consultations, accused and counsel meetings and locus visits	5Fee for consultations, accused and counsel meetings and locus visits	5Fee for consultations, accused and counsel meetings and locus visits
	£210.00	£184.00	£135.00
6Fee for a necessary Note	6Fee for a necessary Note	6Fee for a necessary Note	6Fee for a necessary Note
	£50.00	£50.00	£50.00
7Travel	7Travel	7Travel	7Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions	£100.00	£100.00	£100.00
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland	£200.00	£200.00	£200.00
8Accommodation and associated subsistence	8Accommodation and associated subsistence	8Accommodation and associated subsistence	8Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day	£100.00	£100.00	£100.00
1A.
---	---
Written work
apetition to Nobile Officium	£225.00
bdrafting devolution minute	£150.00
cdrafting section 275 application under the 1995 Act	£150.00
ddrafting specification of documents	£125.00
edrafting interrogatories	£125.00
1B.
Preliminary hearing
aPreliminary hearing including managed meeting or equivalent communication with the Crown by whatever means and including any note on the line of evidence	Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
aapreliminary hearing, adjourned or continued in which witnesses called to give evidence	Payable at the full rate for a trial (paragraph3 below) depending on category of case and status of counsel.
bfurther diet under section 72(9) of the 1995 Act	Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
cadjourned diet under section 75A of the 1995 Act, or continued diet	Payable at one-half of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.
dattendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing	Payable at one-half of the fee prescribed at paragraph 1B(a) above.
econduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown	Payable at one-half of the fee prescribed at paragraph 1B(a) above.
2Early Plea	2Early Plea
Hearing under section 76 of the 1995 Act	£1,250.00
3Trial (per day)Category Charges Prosecuted in the High Court	3Trial (per day)Category Charges Prosecuted in the High Court
aMurder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, Section 1 of the 1988 Act (causing death by dangerous driving), Section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act, Torture, War crimes , Offences under the Explosive Substances Act 1883, Sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12	£900.00
bAttempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, ... (other than under category (a) above) Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act, Offences under section 16A of the 1995 Consolidation Act, Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences , Offences under the Immigration Act 1971(4), Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982	£700.00
cPossession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Shameless indecency, Offences under the Sexual Offences Act 2003, Forgery, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres	£560.00
4Miscellaneous Hearings	4Miscellaneous Hearings
afee for a day in court for miscellaneous hearings other than those for which a fee is prescribed	£410.00
bpreliminary diet	£410.00
chearing under section 275 of the 1995 Act	£410.00
dhearing on specification of documents	£410.00
ehearing on a devolution minute	£410.00
fhearing on an application by the Crown for an extension of time	£410.00
ghearing under section 72 of the 1995 Act	£205.00
hhearing on a Motion to adjourn	£205.00
ihearing on an application for special measures	£205.00
jconfiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in–
iparagraph 3(a)	£900.00
iiparagraph 3(b)	£700.00
iiiparagraph 3(c)	£560
iv. . .
kconfiscation diet where no substantial evidence is led	£410.00
ldeferred sentence where mitigation is led	£410.00
mdeferred sentence where no mitigation is led	£205.00
nremit for sentence	£410.00
oadjourned trial diet	£205.00
padjourned trial diet (trial having commenced)	£410.00
qtrial within a trial	Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
rexamination of the facts in a case of insanity or diminished responsibility	Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
sproof in mitigation	Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
tdeferred sentence in which evidence is taken from an expert witness	Payable at the full rate for a trial (paragraph 3 above) depending on category of case.
5Fee for consultations, accused and counsel meetings and locus visits	5Fee for consultations, accused and counsel meetings and locus visits
	£250.00
6Fee for a necessary Note	6Fee for a necessary Note
	£50.00
7Travel	7Travel
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions	£100.00
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland	£200.00
8Accommodation and associated subsistence	8Accommodation and associated subsistence
Payment of necessary accommodation and associated subsistence per day	£100.00

PART 2

FEES OF COUNSEL IN APPEAL PROCEEDINGS