2012 No. 84

Legal Aid And Advice

The Advice and Assistance (Assistance By Way of Representation) (Scotland) Amendment Regulations 2012

Made

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 9 of the Legal Aid (Scotland) Act 19861 and all other powers enabling them to do so.

In accordance with section 37(2) of that Act, a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and Commencement1

These Regulations may be cited as the Advice and Assistance (Assistance By Way of Representation) (Scotland) Amendment Regulations 2012 and come into force on the day after the day on which they are made.

Amendment of the Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 20032

1

The Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 20032 are amended as follows.

2

In regulation 3 (application of Part II of the Legal Aid (Scotland) Act 1986 to assistance by way of representation: miscellaneous proceedings)3, at the end of paragraph (s), insert—

; and

t

applications under sections 2(2), 3(3)(b), 4(3)(b), 11(3) and 12(3) of the Double Jeopardy (Scotland) Act 20114.

KENNY MACASKILLA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh
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 to make assistance by way of representation available for proceedings under the Double Jeopardy (Scotland) Act 2011 (asp 16) where—

a

an application has been made under sections 2(2), 3(3)(b) or 4(3)(b) of that Act to bring a new prosecution where a person has been acquitted of an offence;

b

an application has been made under section 11(3) of that Act where a person has been acquitted of an offence involving the physical injury of another person and the injured person has since died; or

c

an application has been made under section 12(3) of that Act to bring a new prosecution on the basis that the previous proceedings were a nullity.