The Criminal Legal Assistance (Fees) (Scotland) Regulations 2011

Citation and commencement

1.  These Regulations may be cited as the Criminal Legal Assistance (Fees) (Scotland) Regulations 2011 and come into force on 31st October 2011.

Application

2.  These Regulations apply only in relation to a case where criminal legal assistance is first provided to the assisted person on or after 31st October 2011.

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

3.  In regulation 4 of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999(1) (fixed payments allowable to solicitors), paragraphs (6A) to (6C) are revoked.

Amendment of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008

4.  For regulation 7(5)(a) of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008(2) (which specifies work in respect of which solicitors are entitled to separate payment despite paragraphs (3) and (4) of that regulation), substitute—

“(a) the provision of advice and assistance to—

(i) a person to whom section 15A of the Criminal Procedure (Scotland) Act 1995(3) (right of suspects to have access to a solicitor) applies;

(ii) a person to whom section 25A of the Criminal Law (Consolidation) (Scotland) Act 1995(4) (right of suspects to have access to a solicitor: revenue and customs offences) applies; or

(iii) a person detained under section 26 of that Act (detention in connection with certain drug smuggling offences);

(ab) the provision of advice and assistance to an assisted person at a police station, other than in the circumstances referred to in sub-paragraph (a), if the time spent at the police station, together with the time spent reasonably and proportionately (as compared to the time involved in the attendance) travelling to and from the police station, exceeds 2 hours;”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th September 2011