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The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004

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1.  These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004 and shall come into force on 28th June 2004.

Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

2.  The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003(1) shall be amended in accordance with the following Regulations.

3.  In regulation 6 for paragraph (2) substitute–

(2) The assistance by way of representation which may be provided under Part II of the Act in relation to summary criminal proceedings in a sheriff court which has been designated as a youth court, or as a domestic abuse court, by the sheriff principal shall include representation of an accused person following a finding of guilt but only where criminal legal aid has not been granted to that person in terms of section 24 of the Act..

4.  In regulation 7 for paragraph (3) substitute–

(3) Paragraphs (1) and (2) above shall not apply in relation to summary criminal proceedings in a sheriff court which has been designated as a youth court, or as a domestic abuse court, by the sheriff principal..

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

27th June 2004

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