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Victims, Witnesses, and Justice Reform (Scotland) Act 2025
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Legal Aid (Scotland) Act 1986
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1(1)The Legal Aid (Scotland) Act 1986 is amended as follows.
(2)In section 21, subsection (1), paragraph (a), after sub-paragraph (i) insert—
“(iza)the Sexual Offences Court;”.
(3)In section 21, after subsection (4), insert—
“(5)Where an accused in the Sexual Offences Court applies for representation by junior counsel (without senior counsel), and the Scottish Legal Aid Board is satisfied, based on the information available, that if the accused is convicted there is a reasonable expectation that the court will impose—
(a)a custodial sentence in excess of 5 years, or
(b)a risk assessment order under section 210B of the Criminal Procedure (Scotland) Act 1995,
then representation by junior counsel (without senior counsel) is to be treated as appropriate for the purposes of subsection (4)(a).”.
(4)In section 22, subsection (1), after paragraph (de), insert—
“(df)where a solicitor has been appointed under section 92(2) of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (prohibition on personal conduct of defence) to conduct the accused’s case in the Sexual Offences Court,”.
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