Legal Aid (Scotland) Act 1986

[F1 28C Circumstances where children's legal aid automatically available U.K.

(1) Subsection (2) applies where—

(a) an application is made under section 48 of the 2011 Act for variation or termination of a child protection order,

(b) a children's hearing is arranged in relation to a child by virtue of section 45 or 46 of the 2011 Act,

[F2 (c) a children’s hearing or a pre-hearing panel considers that it might be necessary to make a compulsory supervision order in relation to a child that includes either (or both)—

(i) a secure accommodation authorisation,

(ii) a movement restriction condition,]

(d) a children's hearing to which section 69(3) of the 2011 Act applies is arranged in relation to a child,

[F3 (e) an application in relation to a child is made under section 34 (application for order authorising search in relation to child under 12), 42 (application for child interview order) or 61 (application for order authorising taking of prints and samples from child) of the 2019 Act, or

(f) an order is made in relation to a child under section 36 (search in relation to child under 12), 44 (child interview) or 63 (taking of prints and samples from child) of the 2019 Act].

(2) If assistance by way of representation has not been made available to the child, children's legal aid is available to the child for the purposes of—

(a) proceedings before the sheriff in relation to the application mentioned in paragraph (a) of subsection (1),

(b) the children's hearing mentioned in paragraph (b) or, as the case may be, (c) or (d) of that subsection, F4 ...

(c) if that children's hearing is deferred, any subsequent children's hearing held under Part 11 of the 2011 Act,

[F5 (d) representations in respect of an application mentioned in subsection (1)(e), and

(e) proceedings before the sheriff under section 38 (appeal against decision under section 36), 46 (appeal against decision under section 44) or 67 (appeal against decision under section 63) of the 2019 Act in respect of permission to appeal a decision and, where such permission is given, proceedings before the Sheriff Appeal Court in respect of such an appeal].

(3) The Scottish Ministers may by regulations—

(a) modify subsection (1),

(b) modify subsection (2) and section 28B(3) and (4) in consequence of modifications made under paragraph (a).]

Textual Amendments

F1 Pts. 5A, 5B inserted (31.1.2012 for s. 28B(2), s. 28M(7) for specified purposes and s. 28N) by Children’s Hearings (Scotland) Act 2011 (asp 1), ss. 191, 206(2) (with s. 186); S.S.I. 2012/1, art. 2(1), sch.

F2 S. 28C(1)(c) substituted (30.4.2024) by The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/119), regs. 1, 3(3)

F3 S. 28C(1)(e)(f) inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(2)(b)

F4 Word in s. 28C(2)(b) omitted (8.11.2021) by virtue of The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(2)(c)

F5 S. 28C(2)(d)(e) inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(2)(d)