Search Legislation

Criminal Justice and Licensing (Scotland) Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Criminal Justice and Licensing (Scotland) Act 2010, Cross Heading: Special counsel. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Special counselS

150Special counselS

(1)This section applies where the court is determining—

(a)an application for a non-notification order,

(b)an application for an exclusion order,

(c)an application for a section 145 order,

(d)an application for a restricted notification order,

(e)an application for a non-attendance order,

(f)an application for a section 146 order,

(g)an application for review of the grant or refusal of any of those orders,

(h)an appeal relating to any of those orders.

(2)If the condition in subsection (3) is met, the court may appoint a person (“special counsel”) to represent the interests of the accused in relation to the determination of the application, review or appeal.

(3)The condition is that the court considers that the appointment of special counsel is necessary to ensure that the accused receives a fair trial.

(4)Before deciding whether to appoint special counsel in a non-notification case, the court—

(a)must give the prosecutor an opportunity to be heard, but

(b)must not give the accused an opportunity to be heard.

(5)Before deciding whether to appoint special counsel in a restricted notification case, the court—

(a)must give the prosecutor and the Secretary of State an opportunity to be heard,

(b)must not give the accused an opportunity to be heard.

(6)Before deciding whether to appoint special counsel in any case other than a non-notification case or a restricted notification case, the court must give all the parties an opportunity to be heard.

(7)The prosecutor may appeal to the High Court against a decision of the court not to appoint special counsel in any case.

(8)The Secretary of State may appeal to the High Court against a decision of the court not to appoint special counsel in a restricted notification case.

(9)The accused may appeal to the High Court against a decision not to appoint special counsel in any case other than a non-notification case or a restricted notification case.

(10)In this section and section 152—

  • [F1accused ” includes—

    (a)

    appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, and

    (b)

    respondent,]

  • appellant” has the meaning given by section 132,

  • non-notification case” means a case where the court is determining—

    (a)

    an application for a non-notification order,

    (b)

    an application for review of the grant or refusal of a non-notification order,

    (c)

    an appeal relating to such an order,

  • [F2respondent ” has the meaning given by section 140A, ]

  • restricted notification case” means a case where the court is determining—

    (a)

    an application for a restricted notification order,

    (b)

    an application for review of the grant or refusal of a restricted notification order,

    (c)

    an appeal relating to such an order.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1 S. 150 in force at 6.6.2011 by S.S.I. 2011/178 , art. 2 , Sch.

151Persons eligible for appointment as special counselS

The court may appoint a person as special counsel under section 150(2) only if the person is a solicitor or advocate.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2 S. 151 in force at 6.6.2011 by S.S.I. 2011/178 , art. 2 , Sch.

152Role of special counselS

(1)Special counsel's duty is, in relation to the determination of the relevant application or appeal, to act in the best interests of the accused with a view only to ensuring that the accused receives a fair trial.

(2)Special counsel—

(a)is entitled to see the confidential information, but

(b)must not disclose any of the confidential information to the accused or the accused's representative (if any).

(3)Special counsel appointed in a non-notification case or a restricted notification case must not—

(a)disclose to the accused or the accused's representative (if any) the making of the relevant application or appeal, or

(b)otherwise communicate with the accused or the accused's representative (if any) about the relevant application or appeal.

(4)Special counsel appointed in any case other than a non-notification case or a restricted notification case must not communicate with the accused or the accused's representative (if any) about the relevant application or appeal except—

(a)with the permission of the court, and

(b)where permission is given, in accordance with such conditions as the court may impose.

(5)Before deciding whether to grant permission, the court must give—

(a)the prosecutor, and

(b)in the case of an application for a section 146 order or a non-attendance order, the Secretary of State,

an opportunity to be heard.

[F3(5A)In subsection (1), the reference to the accused receiving a fair trial includes reference to the respondent receiving a fair hearing in the 2011 Act proceedings.]

(6)In this section—

  • the confidential information” means—

    (a)

    the information to which the relevant application or appeal relates, and

    (b)

    a copy of the relevant application or appeal,

  • relevant application or appeal” means the application or appeal referred to in section 150(1) in respect of which special counsel is appointed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I3 S. 152 in force at 6.6.2011 by S.S.I. 2011/178 , art. 2 , Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources