Modifications etc. (not altering text)
C1Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5
C2Pt. II applied (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/179), regs. 3-5 (as amended (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2) and as amended (26.1.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/13) regs. 1, 2(2) and as further amended (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2))
(1)The Scottish Ministers may by regulations provide that, in such circumstances as may be prescribed in the regulations, advice and assistance in relation to criminal matters is to be available for any relevant client without reference to
[F2(a)]the financial limits in section 8 [F3; or—]
[F3(b)the criteria mentioned in section 9A(2)].
[F4(1A)Regulations under subsection (1) may also provide that, in such circumstances as may be prescribed in the regulations, section 11(2) is not to apply in respect of advice and assistance made available to a relevant client.]
(2) In [F5subsections (1) and (1A)], “relevant client” means a client who is
[F6(a)] a person to whom section 15A of the Criminal Procedure (Scotland) Act 1995 (right of suspects to have access to a solicitor) applies
[F7(b)a person to whom section 25A of the Criminal Law (Consolidation) (Scotland) Act 1995 (right of suspects to have access to a solicitor: revenue and customs offences [F8or immigration or nationality offences]) applies; or
(c)a person detained under section 26 of that Act (detention in connection with certain drug smuggling offences)].]
Textual Amendments
F1S. 8A inserted (30.10.2010) by Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15), ss. 2(3), 9
F2Words in s. 8A(1) renumbered as s. 8A(1)(a) (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(4)(a), 25(2); S.S.I. 2013/262, art. 2
F3S. 8A(1)(b) and word inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(4)(b), 25(2); S.S.I. 2013/262, art. 2
F4S. 8A(1A) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 17(a), 25(2); S.S.I. 2013/262, art. 2
F5Words in s. 8A(2) substituted (11.10.2013) by virtue of Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 17(b), 25(2); S.S.I. 2013/262, art. 2
F6 Words in s. 8A(2) renumbered as s. 8A(2)(a) (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), arts. 1(2), 3(a)
F7 S. 8A(2)(b) (c) inserted (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), arts. 1(2), 3(b)
F8Words in s. 8A(2)(b) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 50(1) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(l)