Made | 11th April 2004 | ||
Laid before the Scottish Parliament | 12th March 2004 | ||
Coming into force | 2nd April 2004 |
Where professional services are provided in relation to proceedings in the District Court (other than where proceedings are set down to proceed before a Stipendiary Magistrate) | Where professional services are provided in relation to proceedings in the Sheriff Court (other than proceedings in a Court specified in Schedule 2) or the District Court (where proceedings are set down to proceed before a Stipendiary Magistrate) | 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:
(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; and (iii) the first 30 minutes of conducting any trial
together with any subsequent or additional work other than that specified in paragraphs 2-12 below. |
£300 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £275) | £500 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £475) | £550 (where criminal legal aid has been made available in the circumstances referred to in paragraphs 10 or 11 below £525) |
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. |
£25 | £50 | £50 |
3.
Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). |
£50 | £100 | £100 |
4.
Conducting a trial or proof in mitigation for the second day. |
£50 | £200 | £200 |
5.
Conducting a trial or proof in mitigation for the third and subsequent days (per day). |
£100 | £400 | £400 |
6.
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. |
- | £50 | - |
7.
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). |
- | £200 | - |
8.
Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). |
- | £200 | - |
9.
Representation in court at a diet of deferred sentence or per appearance in a court which has been designated as a youth court by the sheriff principal, at a hearing in respect of a community supervision order. |
£25 | £50 | £50 |
10.
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. |
£25 | £25 | £25 |
11.
All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. |
£25 | £25 | £25 |
12.
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. |
£50 | £50 | £50". |
[2] S.I. 1999/491, as amended by S.I. 1999/1820 and S.S.I. 1999/48, 2001/307, 2002/247 and 442, 2003/249 and 2004/51.back
© Crown copyright 2004 | Prepared 26 March 2004 |