The Advice and Assistance (Limits, Conditions and Representation) (Scotland) Regulations 2008

Financial limit

2.—(1) The Advice and Assistance (Financial Limit) (Scotland) Regulations 1993(1) are amended as follows.

(2) In regulation 3–

(a) in paragraph (a), omit sub paragraph (ii) and the “and” immediately preceding it;

(b) in paragraph (b), omit sub paragraph (iii) and the “and” immediately preceding it;

(c) after paragraph (b) insert–

“(c) in other cases–

(i) where the advice and assistance relates to a criminal matter as regards which a summary complaint has been served, the sum of £90;

(ii) where the advice and assistance relates to a criminal matter as regards which a fixed penalty, compensation or work offer has been made under section 302, 302A or 303ZA of the Criminal Procedure (Scotland) Act 1995(2), and the offer or any resulting measure occurring under that section is to be challenged (including by non-acceptance of the offer or by disputing whether the offer has been accepted), the sum of £90;

(iii) where the advice and assistance relates to any other summary criminal matter, the sum of £35;

(iv) where in relation to criminal proceedings before a stipendiary magistrate, or the sheriff sitting summarily, the assistance by way of representation is as described in regulation 6(1) or (2) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003(3), or regulation 6A of those Regulations otherwise than in connection with a plea of not guilty, the sum of £550;

(v) where in relation to criminal proceedings in the justice of the peace court (other than before a stipendiary magistrate) the assistance by way of representation is as described as referred to in sub paragraph (iv) above, the sum of £185;

(vi) where the assistance by way of representation relates to any other summary criminal matter, the sum of £90;

(vii) where the advice and assistance or assistance by way of representation relates to a solemn criminal matter, the sum of £90;

(viii) despite sub paragraphs (vi) and (vii), where the assistance by way of representation involves a second or subsequent diet that has been ordered by the court, the sum of £165;

(ix) where the assistance by way of representation relates to Parole Board proceedings, the sum of £165.”.

(3) In regulation 4, sub paragraphs (i) and (iii) of paragraph (a) and the “or” immediately following each of them are revoked.

(1)

S.I. 1993/3187. Regulation 3 was substituted by S.S.I. 2007/248. Regulations 3 and 4 specify financial limits for section 10(2) of the Legal Aid (Scotland) Act 1986.

(2)

1995 c. 46.

(3)

S.S.I. 2003/179.