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

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

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(1).

(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.(2).

(2)

Regulation 2(3) was inserted by S.S.I. 1999/48.

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