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" "victim statement" means a statement made for the purposes of section 14 of the Criminal Justice (Scotland) Act 2003[3]".

(b) for paragraph (3) substitute-

    " (3) For the purposes of these Regulations, a trial, proof in mitigation or proof of a victim statement shall be taken to commence when the first witness is sworn."[4].

     4. For Part 1 of Schedule 1 substitute the provisions set out in the Schedule to these Regulations.


HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
10th February 2004

" SCHEDULERegulation 4



PART 1


	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: (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; 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.	£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.	£50	£50	£50

".

[2] S.I. 1999/491, as amended by S.I. 1999/1820 and S.S.I. 1999/48, 2001/307 and 2002/247 and 442.back

[3] 2003 asp 7.back

[4] Regulation 2(3) was inserted by S.S.I. 1999/48.back

 

© Crown copyright 2004

Prepared 19 February 2004