Does the fixed payment prescribed for deferred sentences cover the situation where a case is adjourned for reports in terms of section 201 of the Criminal Procedure (Scotland) Act 1995?
Yes. The Board’s original understanding of the position prior to the publication of the Recorder Issue 26 has now been confirmed following a meeting of the Tripartite Group. The fixed payment is applicable to all cases which are deferred, for one reason or another, in terms of sections 201 (power of court to adjourn case before sentence), 202 (deferred sentence) and 203 (requirement of court to obtain a report on an offender who is subject to statutory supervision). The reference in the Account Synopsis form restricting this fixed payment to section 202 deferred sentences only will be changed as soon as possible. The item relating to deferred sentences in the Recorder article at page 6 should be disregarded. This interpretation will be applied with effect from 1 April 1999. This means that the fixed payment will be available for any section 201, 202 or 203 diet. Some solicitors may not have submitted claims for payment in cases involving a section 201 or 203 diet. Alternatively such cl
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