
1 
These Regulations may be cited as the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2004 and shall come into force on 11th March 2004.
2 
The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 shall be amended in accordance with the following Regulations.
3 
In regulation 2–
(a) in paragraph (1) (interpretation)–
(i) after the definition of “assisted person” insert–“
 “continued diet” means a diet which takes place on a separate date from the diet at which a victim statement is laid before the court;”,
(ii) after the definition of “excluded proceedings” insert–“
 “proof in mitigation” includes those diets where a proof in mitigation takes place at the same time as a proof of a victim statement;” and
(iii) at the end insert“
 “victim statement” means a statement made for the purposes of section 14 of the Criminal Justice (Scotland) Act 2003”.
(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 
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
SCHEDULE
Regulation 4
“
SCHEDULE
Regulation 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 trialtogether 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”