Criminal Justice (Scotland) Act 1995

65 Legal aid in criminal appeals

(1) Section 25 of the [1986 c. 47.] Legal Aid (Scotland) Act 1986 (legal aid in criminal appeals) shall be amended in accordance with subsections (2) to (5) below.

(2) In subsection (1)—

(a) after the word “sentence” there shall be inserted “, other disposal”; and

(b) at the end there shall be inserted the words “other than an appeal in relation to which section 22(1)(dc) of this Act applies.”.

(3) In subsection (2)—

(a) the words “the Board is satisfied” shall cease to have effect;

(b) in paragraph (a), after the word “below,” there shall be inserted “the Board is satisfied”; and

(c) for paragraph (b) and the preceding “and” there shall be substituted—

“(b) in the case of an appeal under section 228(1) or 442(1)(a) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, leave to appeal is granted; and

(c) in the case of an appeal under any provision of that Act other than sections 228(1) and 442(1)(a), where the applicant is the appellant, the Board is satisfied that in all the circumstances of the case it is in the interests of justice that the applicant should receive criminal legal aid.”.

(4) After subsection (2) there shall be inserted the following subsection—

“(2A) Where the Board has refused an application for criminal legal aid on the ground that it is not satisfied as mentioned in subsection (2)(c) above the High Court may, at any time prior to the disposal of an appeal, whether or not on application made to it, notwithstanding such refusal determine that it is in the interests of justice that the applicant should receive criminal legal aid in connection with the appeal, and the Board shall forthwith make such legal aid available to him.”.

(5) For subsection (5) there shall be substituted the following subsections—

“(5) Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with consideration under section 230A, 442ZA or 453AA of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 whether to grant leave to appeal as if—

(a) in subsection (2)(a), for the words “of the appeal” there were substituted “in connection with consideration whether to grant leave to appeal”; and

(b) in subsection (4), after the word “is” there were inserted “, subject to leave being granted,”.

(6) Subsections (2)(a) and (c) and (2A) to (4) above shall apply to an application for criminal legal aid in connection with a petition to the nobile officium of the High Court of Justiciary (whether arising in the course of any proceedings or otherwise) as they apply for the purposes of subsection (1) above.

(7) Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with a reference by the Secretary of State under section 263 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 as they apply for the purposes of subsection (1) above.”.

(6) In section 30(3) of that Act (application of section 25 of that Act to legal aid in contempt proceedings)—

(a) before the words “Section 25” there shall be inserted “Subsections (2)(a) and (c), (2A) to (4) and (6) of”;

(b) for the words “it applies” there shall be substituted “they apply”;

(c) after the word “sentence” there shall be inserted “, other disposal”;

(d) after the word “application” there shall be inserted the following paragraph—

“(za) in subsection (2A) of that section, the reference to the High Court shall include a reference to the Court of Session;”; and

(e) in paragraph (b), for the word “(5)” there shall be substituted “(6)”.