This mailshot provides solicitors with information about changes to ...

Criminal Legal Assistance Update
TThhee CCrri iminnaal
l LLeeggaal l AAi idd ((FFi ixxeedd PPaayymeennttss)) ((SSccoottl laanndd)) AAmeennddmeenntt
RReegguul laatti ioonnss 22001111
To all criminal practitioners 17 March 2011
This mailshot provides solicitors with information about changes to the
fee rates payable in certain summary criminal legal aid cases
This mailshot provides details of important
fee changes arising from the Criminal Legal
Aid (Fixed Payments) (Scotland) Amendment
Regulations 2011.
The regulations follow the tripartite
discussions between the Scottish
Government, the Law Society of Scotland
and the Scottish Legal Aid Board, to identify
savings as a result of the £1.3 billion cut in
the Scottish Government budget next year.
The regulations come into force on 22 March
2011. The new fee rates will apply only in
respect of proceedings commenced on or
after this date. A full copy of the regulations
is available at the following link
http://www.legislation.gov.uk/ssi/2011/162
/made/data.pdf. The Legislation section of
the Criminal Legal Assistance Handbook will
be amended to reflect the changes.
The necessary changes are also being made
to our online systems, including a question
to be added to summary forms to identify
the date on which the proceedings
commenced (the date on which the
complaint was served), and the account
synopsis form to accommodate these
amendments.
It is crucial that all written intimations or
applications to the Board in connection with
summary matters between 22 March and 31
March (all communications thereafter to be
made online) clearly state the date on which
the complaint was served on your client to
allow us to identify the cases to which the
regulations do not apply. (In the
CRIM/SUMMARY form at section N, in the
space next to Questions 2 – 4; in the
AA/APP/CRIM FORM at section D, question 5
where you answer “yes”).
Details of the changes are outlined below.
1. Criminal Legal Aid in respect of failure
to appear proceedings
Regulation 4 extends the current categories
of proceedings that are to be treated as a
single matter by virtue of regulation 4(3) of
the Criminal Legal Aid (Fixed Payments)
(Scotland) Regulations 1999, to include
proceedings under sections 22(2) and 150(8)
of the Criminal Procedure (Scotland) Act
1995.
Paragraph 4(3) of the Fixed Payment
Regulations now reads as follows:
“(b) proceedings under any of the following
provisions of the 1995 Act arising out of the
complaint or complaints referred to in subparagraph
(a):—
(i) section 22(2), where it is alleged that the
assisted person breached the undertaking by
reason of failure to appear at court in
accordance with the undertaking;
(ii) section 27(1)(a);
(iii) section 28; or

(iv) section 150(8).”.
The effect of this amendment is that where
there is an existing criminal legal aid
certificate in the proceedings and an
accused person fails to appear at any diet of
which he has been given due notice in
connection with these proceedings, any
further proceedings arising out of the failure
to appear are subsumed within the existing
criminal legal aid certificate. A complaint
arising from the alleged failure to appear is
now in exactly the same category as a
complaint which arises out of the same
incident and no further core fixed payment
can be claimed. It is not competent to make
a further application for criminal legal aid
and no further certificate shall be issued in
respect of these ancillary proceedings.
Similarly, these proceedings are subsumed
within an ABWOR certificate issued in
respect of the substantive proceedings. In
these circumstances only one fixed payment
can be paid in respect of the proceedings.
In line with previous guidance in relation to
failure to appear proceedings further fixed
payments (other than the core fixed
payment) can be claimed for trial diets,
deferred sentences etc, where appropriate.
This provision only affects cases where at
any stage there is an ABWOR or criminal
legal aid certificate in relation to the
substantive matter. Where there is no such
certificate, ABWOR can be provided, if
appropriate, or an application for criminal
legal aid can be made in respect of the
complaint for failure to appear or advice
and assistance may be made available to the
client.
2. Reduced fee where the solicitor
represents a person in the same court on
the same day in respect of more than one
complaint and the person pleads guilty to
all of the charges
Regulation 5 provides for the fixed payments
payable to a solicitor under paragraph 1 of
Part 1 of Schedule 1B (Advice By Way Of
Representation) to the fixed payment
Regulations to be reduced where the
solicitor represents a person in the same
court on the same day in respect of more
than one complaint and the person pleads
guilty to all of the charges.
Regulation 5A reads as follows.
(5A) Where—
(a) a solicitor provides relevant ABWOR to an
assisted person when, in the same court on
the same day, that person is first brought
before a court to answer to two or more
summary complaints which are not to be
treated as a single matter by virtue of
paragraph (3); and
(b) a guilty plea is tendered to the charge
libelled in each complaint at the first diet at
which the assisted person is called upon to
plead to the charge, the amount payable
under paragraph 1 of Part 1 of Schedule 1B
is 100% of the prescribed amount in respect
of the first complaint, 40% of that amount in
respect of the second complaint and 20% in
respect of any other complaints.”
The reduced fee levels are now brought into
line with the fees payable where a solicitor
represents 2 or more assisted persons in
respect of the same complaint. The
provision applies whether your client pleads
on the day or at a later stage (e.g. a CWP
hearing when called upon to plead).
3. Reduced fee where the duty solicitor
tenders a not guilty plea and the accused
person subsequently pleads guilty before
the trial begins
Regulation 5 further provides for the fixed
payment payable to a solicitor under
paragraph 1 of Part 1 of Schedule 1 or
paragraph 1 of Schedule 1A (summary
criminal legal aid) to the Fixed Payment
Regulations to be halved if the duty solicitor
tenders a not guilty plea on the person’s
behalf and the person subsequently obtains
a grant of summary criminal legal aid
(whether with the duty solicitor or any other
solicitor acting as nominated solicitor) and
pleads guilty before the trial begins, a half
core fee will be payable.
Regulation 5B reads as follows.
“(5B) The amount payable under (as the
case may be) paragraph 1 of Part 1 of
Schedule 1 or paragraph 1 of Schedule 1A is
half the amount that would otherwise be
payable if the assisted person—

(a) was represented by a solicitor arranged
by the Board to provide criminal legal aid
pursuant to regulation 7(1) of the Criminal
Legal Assistance (Duty Solicitors)(Scotland)
Regulations 2011 at the first diet at which
the assisted person was called upon to
plead;
(b) tendered a plea of not guilty at that
diet; and
(c) before the commencement of the trial
tendered a plea of guilty.”
The core fixed payment will be halved
before any enhanced payment under
regulation 4(6) where the assisted person
has been remanded in custody and is under
21 years of age at any time during that
remand.
This amendment does not affect fixed
payments under Schedule 1A where the trial
actually commences but does not exceed 30
minutes duration. In these situations the
solicitor is still entitled to the relevant
unrestricted case disposal fee payable for
that court even though the first day trial fee
is not chargeable.
The provision only affects proceedings
commenced on or after 22 March and not
applications arising from an earlier plea of
not guilty.
4. Single payment in respect of a deferred
sentence hearing which relates to more
than one complaint
There will now be a single fee payable to
solicitors who conduct multiple diets of
deferred sentence relating to more than one
complaint in respect of the same accused on
the same day. This amendment effectively
extends the provisions which are already in
operation in a court which has been
designated as a drug court, domestic abuse
court or a youth court by the sheriff
principal or at a hearing in respect of a
community supervision order. It creates a
“per appearance” fee rather than a separate
fee being payable in respect of each diet of
deferred sentence. The new fees are as
follows:
Part 1 of Schedule 1 and 1A (summary criminal legal aid):-
Justice of the Peace Court
(other than where
proceedings are set down to
proceed before a Stipendiary
Magistrate)
Sheriff Court or Justice of
the Peace Court (where
proceedings are set down to
proceed before a Stipendiary
Magistrate)
10ZA. Representation in
court, per appearance, at a
deferred sentence hearing.
£25 where the hearing relates
to one complaint; or
£37.50 where the hearing
relates to more than one
complaint
£50 where the hearing relates
to one complaint; or
£75 where the hearing relates
to more than one complaint

Part 1 of Schedule 1B (ABWOR):-
Justice of the Peace Court
Sheriff Court or Justice of
the Peace Court (where
proceedings are set down to
proceed before a Stipendiary
Magistrate)
“8A. Representation in court,
per appearance, at a deferred
sentence hearing.
5. Reduction in the core fees payable in
respect of all summary criminal legal aid
proceedings and ABWOR proceedings in
the sheriff court and in the justice of the
peace court before a stipendiary
magistrate
Regulations 7 to 9 reduce the amounts
payable in respect of the core fees payable
under paragraph 1 of Part 1 of Schedule 1
and 1B and paragraph 1 of Schedule 1A and
provides for differing amounts depending on
whether the proceedings are in the sheriff
£25 where the hearing relates
to one complaint; or
£37.50 where the hearing
relates to more than
one complaint
£50 where the hearing relates
to one complaint; or
£75 where the hearing relates
to more than one complaint”.
court or in the justice of the peace court
before a stipendiary magistrate. A new
prescribed fee has been introduced where
proceedings are set down to proceed before
a Stipendiary Magistrate. The effect of these
changes is that the core fees in the sheriff
court will be reduced by £30, Justice of the
Peace Court £20 (schedule 1 and 1A only)
and it creates a mid-point fee of £390 for
proceedings in the justice of the peace court
set down before a stipendiary magistrate.
The new fees are as follows:-
Summary Criminal Legal Aid
Paragraph 1 of Part 1 of Schedule 1
Justice of the Peace
Court
Justice of the Peace
Court (where
proceedings are set
down to proceed before
a Stipendiary Magistrate)
Sheriff Court (other
than proceedings in
a Court specified in
Schedule 2)
Sheriff Court and
those proceedings
are brought in a
Court specified in
Schedule 2
Old Fee
New Fee
£315 (where criminal
legal aid has been
made available in the
circumstances
referred to in
paragraphs 11 or 12
below £290)
£295.00 (where
criminal legal aid has
been made available
in the circumstances
referred to in
paragraphs 11 or 12
below £270)
£515.00 (where criminal
legal aid has been made
available in the
circumstances referred to
in paragraphs 11 or 12
below £490)
£390.00 (where criminal
legal aid has been made
available in the
circumstances referred to
in paragraphs 11 or 12
below £365)
£515.00 (where
criminal legal aid has
been made available
in the circumstances
referred to in
paragraphs 11 or 12
below £490)
£485.00 (where
criminal legal aid has
been made available
in the circumstances
referred to in
paragraphs 11 or 12
below £460)
£565.00 (where
criminal legal aid
has been made
available in the
circumstances
referred to in
paragraphs 11 or 12
below £540)
£535.00 (where
criminal legal aid
has been made
available in the
circumstances
referred to in
paragraphs 11 or 12
below £510)

Paragraph 1 of Part 1 of Schedule1A
Old Fee
New Fee
Justice of the Peace Court (where proceedings are
set down to proceed before a Stipendiary
Magistrate)
£515.00 (where criminal legal aid has been made
available in the circumstances referred to in
paragraphs 11 or 12 above £490)
£390.00 (where criminal legal aid has been made
available in the circumstances referred to in
paragraphs 11 or 12 above £365)
Sheriff Court
£515.00 (where criminal legal aid has
been made available in the
circumstances referred to in
paragraphs 11 or 12 above £490)
£485.00 (where criminal legal aid has
been made available in the
circumstances referred to in
paragraphs 11 or 12 above £460)
Advice by Way of Representation (ABWOR)
Paragraph 1 of Part 1 of Schedule1B
Justice of the Peace
Court
Justice of the Peace Court
(where proceedings are set
down to proceed before a
Stipendiary Magistrate)
Sheriff Court
Old Fee £150.00 £515.00 £515.00
New Fee £150.00 £390.00 £485.00
Who to contact if you have any questions
For any queries about the matters raised in this mailshot, please contact the Accounts
Specialists team on 0131 226 7061 extension 245, 654, 659 or 687.
Are your contact details correct?
Please tell us if the firm or address details we have used are incorrect. Write to our Receipts and
Payments Department with any changes in address or solicitors’ details. If you have any
questions about mailing addresses please contact Receipts and Payments on 0131 240 2080.