The Criminal Legal Aid (Scotland) Regulations 1987

Distinct proceedings for purposes of criminal legal aid

4.—(1) For purposes of criminal legal aid, the following shall be treated as distinct proceedings:–

(a) any such identification parade as is referred to in section 21(4)(b) of the Act;

(b) any such proceedings as are described in section 22(1)(b) of the Act;

(c) solemn proceedings other than the proceedings referred to in sub-paragraph (b) above;

(d) any such proceedings as are described in section 22(1)(c) of the Act;

(e) summary proceedings other than the proceedings referred to in sub-paragraph (d) above;

(f) appeals to the High Court of Justiciary against conviction, sentence or acquittal;

(g) petitions to thenobile officiumof the High Court of Justiciary (whether arising in the course of any proceedings or otherwise);

(h) references by the Secretary of State under section 263 of the 1975 Act(1);

(i) such proceedings as are described in section 22(1)(e) of the Act.

(2) The distinct proceedings specified in paragraph (1) above shall be treated as including the following related proceedings (which are accordingly not to be treated as distinct proceedings for purposes of criminal legal aid):–

(a) applications for bail or review of bail, or appeals in respect of bail;

(b) in relation to paragraph (1)(c) above, proceedings following a remit for sentence to the High Court of Justiciary under section 104 of the 1975 Act(2);

(c) in relation to paragraph (1)(f) above, proceedings following a remit from the High Court of Justiciary to the inferior court in accordance with section 452A of the 1975 Act(3).

(1)

Section 263 was amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 6, paragraph 22(b) and Schedule 8.

(2)

A new section 104 was inserted by the Criminal Justice (Scotland) Act 1980, Schedule 4, paragraph 15.

(3)

Section 452A was inserted by the Criminal Justice (Scotland) Act 1980, Schedule 3, paragraph 11.