The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2004

Citation and commencement

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.

Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

2.  The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999(1) 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(2)”.

(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.”(3).

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