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STRATEGIC REVIEW ON THE DELIVERY OF LEGAL AID, ADVICE AND INFORMATION - REPORT TO MINISTERS AND THE SCOTTISH LEGAL AID BOARD
ANNEX 5 Remuneration Systems
1. | Advice and Assistance | ABWOR | 1.1.1 Civil | Summary criminal | Solemn criminal |
| Solicitors | Counsel | Solicitors | Counsel | Solicitors | Counsel | Solicitors | Counsel | Solicitors | Counsel |
Minimum fee | 25.00 | | 25.00 | | | | | | | |
Block fees | | | x 1
| | Sheriff Court:
1 hour in court = 72
Court of Session 1 hour = 66 | | | | | |
Fixed payment | | | | | | | x 2
District Court
= 300 per case
Sheriff Court = 500 per case | | | |
Hourly payment | 42.20 | | 1 hour in court = 54.80
Non-advocacy:
1 hour = 42.20 | | Sheriff Court
1 hour in court = 68
Court of Session 1 hour = 52.60
House of Lords 1 hour = 52.60 | | | | Conducting trial:
1 hour = 54.80
Non-advocacy:
1 hour = 42.20 | |
Variable daily rate | | x
No fees prescribed - commercial rates chargeable | | x
No fees prescribed - commercial rates chargeable | | Sheriff Court:
No fees prescribed
(Proof fees of between 600 and 1500 have been allowed by Auditors)
Court of Session 3
Junior - 1 day at proof = 240.50
Senior - 1 day at proof = 320.80
House of Lords No fees prescribed | | x9
Junior: 1 day trial = 172 - 291
Senior: 1 day trial = 315 - 510.50 | | x9
Junior: 1 day trial = 172 - 291
Senior: 1 day trial = 315 - 510.50 |
Board approves unusual expenditure | | | x | x | x | x | x | x |
Board approves expenditure as case progresses | x | x | | | | | | |
Board reconfirms legal aid as preset stages in case | | | | | x | | | | |
Footnotes
1 £70.00 for preliminary stages of guilty pleas, pleas to competency and referrals to ECJ and £27.40 or £45.00 for sequestration
2 Normally summary criminal attracts a fixed payment but certain cases are exempt from fixed payments and are paid on an hourly basis
3 Although daily rates are prescribed in Regulations, often counsel are paid rates that are specific to individuals. Auditor of Court has been given a wide discretion to allow a higher fee
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