The Criminal Legal Aid (Scotland) Regulations 1996

Applications for criminal legal aid in summary proceedings

8.—(1) An application for criminal legal aid under section 24 of the Act in relation to summary proceedings shall–

(a) be made in writing in such form as the Board may require and be signed by the applicant, or, where the applicant on cause shown cannot sign the application, by a person authorised by him, or, where the applicant is mentally disordered in terms of section 1(2) of the Mental Health (Scotland) Act 1984(1), by the applicant’s legal representative;

(b) subject to paragraph (2) below, be lodged with the Board within 14 days after the conclusion of the first diet at which the applicant has tendered a plea of not guilty; and

(c) include a statement signed by or on behalf of the solicitor nominated by the applicant as to his willingness to act for the applicant.

(2) Paragraph (1)(b) above shall not apply where either–

(a) in the circumstances specified in section 24(6) of the Act the court has adjourned the trial diet to enable an application for legal aid to be made to the Board and that application is lodged with the Board within 14 days of the adjournment; or

(b) the Board considers that there is special reason for it to consider a late application.

(1)

1984 c. 36.