(This note is not part of the Regulations)
These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997 so as to make assistance by way of representation available for existing life prisoners, existing transferred life prisoners and transferred life prisoners who are the subject of a hearing to specify a notional punishment part (regulation 3). This assistance by way of representation shall be available without reference to the provisions of the Legal Aid (Scotland) Act 1986 which relate to financial limits on the availability of advice and assistance and payment of contributions towards advice and assistance (regulation 5).
The Regulations also provide that assistance by way of representation shall not 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 4).