Age of Criminal Responsibility (Scotland) Act 2019

73 Children’s legal aid for proceedings under this Part

(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 28B (children’s legal aid)—

(a) in subsection (2), for “subsection (3)” substitute “subsections (3) and (3A)”,

(b) after subsection (3) insert—

“(3A) The proceedings are, where regulations under section 28LB are made, proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019.”.

(3) After section 28LA insert—

“28LB Power of Scottish Ministers to provide for children’s legal aid to be available in relation to proceedings under the Age of Criminal Responsibility (Scotland) Act 2019

(1) The Scottish Ministers may by regulations modify this Part so as to—

(a) provide for children’s legal aid to be available to a child in connection with proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, and

(b) specify the other persons (if any) to whom children’s legal aid is to be available in connection with such proceedings and appeals.

(2) Regulations under subsection (1) may in particular made provision about—

(a) the proceedings in relation to which and the circumstances in which children’s legal aid is to be available automatically,

(b) the proceedings in relation to which and the circumstances in which children’s legal aid is to be available on application to the Board.

(3) Where regulations under subsection (1) include provision as is mentioned in subsection (2)(b), the regulations—

(a) must make provision for the conditions as to which the Board is to be satisfied before children’s legal aid is to be made available,

(b) may make provision for different conditions to be satisfied in relation to different persons.”.

(4) In section 37 (parliamentary procedure for regulations), in subsection (2), after “28LA(1),” insert “28LB(1),”.