The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (“the 2003 Regulations”) so as to provide that–

(a) assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 (“the 1986 Act”) is available for accused persons in proceedings which take place subsequent to a finding of guilt in a sheriff court which has been designated as a domestic abuse court by the sheriff principal, where criminal legal aid in terms of section 24 of the 1986 Act has not been granted (regulation 3);

(b) the tests set out in regulation 7(1) and (2) of the 2003 Regulations shall not apply to assistance by way of representation provided under Part II of the 1986 Act in proceedings in a domestic abuse court (regulation 4).