The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988.

They provide—

(a) for assistance by way of representation to be made available in relation to applications under section 91 (recall or variation of suspended forfeiture order) or section 92 (property wrongly forfeited: return or compensation) or appeals under section 93 (appeal against court decision under section 91(1) or 92(2)) of the Criminal Justice (Scotland) Act 1995 (regulation 3);

(b) for the removal of the condition, applicable to the provision of assistance by way of representation at any diet in summary criminal proceedings at which the court is considering the accused’s changed plea of guilty, that the accused has, within 14 days of the diet at which the plea of not guilty was tendered, intimated his intention to change his plea (regulation 4); and

(c) that the approval of the Scottish Legal Aid Board is required for the provision of assistance by way of representation in relation to applications under section 91 or 92 or appeals under section 93 of the Criminal Justice (Scotland) Act 1995 (regulation 5).