The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 2001

Scottish Statutory Instruments

2001 No. 381

LEGAL AID AND ADVICE

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 2001

Made

11th October 2001

Coming into force

15th October 2001

The Scottish Ministers, in exercise of the powers conferred by section 21(2) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1.  These Regulations may be cited as the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 2001 and shall come into force on the day after the day on which they are made.

Amendment of the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1997

2.  At the end of regulation 3 (proceedings in which criminal legal aid shall not be available) of the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1997(2) there shall be added–

“(n) before a hearing established under–

(i) paragraph 12 or paragraph 59 of the Schedule to the Convention Rights (Compliance) (Scotland) Act 2001(3); or

(ii) section 10(2F) of the Prisoners and Criminal Proceedings (Scotland) Act 1993(4).”.

3.  After that regulation, there shall be added–

“4.   Paragraphs (b), (c), (d), (e), (f), (g), (l) and (m) of regulation 3 shall not apply where the proceedings described in those paragraphs take place before a court which has been designated as a drug court by the sheriff principal.”.

IAIN GRAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th October 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1997 so as to provide that criminal legal aid shall not be available for existing life prisoners, existing transferred life prisoners or transferred life prisoners who are the subject of a hearing to specify a notional punishment part (regulation 2).

The Regulations also provide that criminal legal aid shall be available for certain proceedings where those proceedings take place in a court which has been designated as a drug court by the sheriff principal (regulation 3).

(1)

1986 c. 47. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1997/3069, as amended by S.I. 1998/969 and 1999/215.

(3)

2001 asp 7.

(4)

1993 c. 9. Section 10(2F) was inserted by section 3(1)(b) of the Convention Rights (Compliance) (Scotland) Act 2001.