The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

Application of Part II of the Act to assistance by way of representation: proceedings under the Criminal Procedure (Scotland) Act 1995 S

4.—(1) Any reference in this regulation to a numbered section, paragraph or Schedule is to a section, paragraph or Schedule bearing that number in the 1995 Act.

(2) Part II of the Act shall apply to assistance by way of representation in relation to proceedings–

[F1 (a) under section 229A or 232 in relation to a probation progress review, or, as the case may be, failure to comply with the requirements of a probation order;]

(b) under section 233 M1 in relation to the conviction of a probationer by a court in Great Britain of an offence committed during his or her probation period;

(c) under section 239(4) to (6) in relation to failure to comply with the requirements of a community service order;

(d) under section 240(1) and (3) in relation to amendment or revocation of a community service order;

(e) under paragraph 4 of Schedule 7 in relation to failure to comply with the requirements of a supervised attendance order;

(f) under paragraph 5(1) and (3) of Schedule 7 in relation to amendment or revocation of a supervised attendance order;

[F2 (fa)   under—

(i) section 227X (periodic review of community payback orders);

(ii) section 227Y (applications to vary, revoke and discharge community payback orders); and

(iii) section 227ZC (breach of community payback order);]

(g) under section 234A(6) M2 in relation to revocation or variation of a non-harassment order;

(h) under section 234E, 234F or 234G M3 in relation to the variation or revocation of a drug treatment and testing order, the review of a drug treatment and testing order, or, as the case may be, the failure to comply with any requirement of a drug treatment and testing order; and

(i) under section 245E or 245F M4 in relation to the variation or revocation of a restriction of liberty order, or, as the case may be, the failure to comply with any of the requirements of a restriction of liberty order;

[F3 (j) under section 90B, 90C, 90D or 90E in relation to orders made in respect of witnesses apprehended under section 90A, breach of bail, the review of orders made, or, as the case may be, appeals in respect of orders made.]

(3) Sub-paragraphs (a), (b), (c), (d), (e), (f), [F4 (fa),] (h) and (i) of paragraph (2) of this regulation shall not apply to proceedings before a court which has been designated as a drug court by the sheriff principal.

Textual Amendments

F1 Reg. 4(2)(a) substituted (12.6.2006) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2006 (S.S.I. 2006/345), regs. 1, 3

F2 Reg. 4(2)(fa) inserted (1.2.2011) by The Advice and Assistance (Assistance By Way of Representation) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/13), regs. 1, 2(a)

F3 Reg. 4(2)(j) inserted (1.4.2005) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2005 (S.S.I. 2005/165), regs. 2, 6

F4 Word in reg. 4(3)(fa) inserted (1.2.2011) by The Advice and Assistance (Assistance By Way of Representation) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/13), regs. 1, 2(b)

Marginal Citations

M1 Section 233 was amended by the Crime and Punishment (Scotland) Act 1997 (c. 48), section 26 and Schedule 1, paragraph 1.

M2 Section 234A was inserted by the Protection from Harassment Act 1997 (c. 40), section 11.

M3 Sections 234E to 234G were inserted by the Crime and Disorder Act 1998 (c. 37), sections 92 and 93.

M4 Sections 245E and 245F were inserted by the Crime and Punishment (Scotland) Act 1997 (c. 48), section 5.