The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2004

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

3.  In regulation 2–

(a) in paragraph (1) (interpretation)–

(i) after the definition of “assisted person” insert–

““continued diet” means a diet which takes place on a separate date from the diet at which a victim statement is laid before the court;”,

(ii) after the definition of “excluded proceedings” insert–

““proof in mitigation” includes those diets where a proof in mitigation takes place at the same time as a proof of a victim statement;” and

(iii) at the end insert

““victim statement” means a statement made for the purposes of section 14 of the Criminal Justice (Scotland) Act 2003(1)”.

(b) for paragraph (3) substitute–

“(3) For the purposes of these Regulations, a trial, proof in mitigation or proof of a victim statement shall be taken to commence when the first witness is sworn.”(2).

(1)

2003 asp 7.

(2)

Regulation 2(3) was inserted by S.S.I. 1999/48.