The Criminal Legal Assistance (Fees) (Scotland) Regulations 2011

Amendment of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008

4.  For regulation 7(5)(a) of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008(1) (which specifies work in respect of which solicitors are entitled to separate payment despite paragraphs (3) and (4) of that regulation), substitute—

“(a) the provision of advice and assistance to—

(i) a person to whom section 15A of the Criminal Procedure (Scotland) Act 1995(2) (right of suspects to have access to a solicitor) applies;

(ii) a person to whom section 25A of the Criminal Law (Consolidation) (Scotland) Act 1995(3) (right of suspects to have access to a solicitor: revenue and customs offences) applies; or

(iii) a person detained under section 26 of that Act (detention in connection with certain drug smuggling offences);

(ab) the provision of advice and assistance to an assisted person at a police station, other than in the circumstances referred to in sub-paragraph (a), if the time spent at the police station, together with the time spent reasonably and proportionately (as compared to the time involved in the attendance) travelling to and from the police station, exceeds 2 hours;”.

(1)

S.S.I. 2008/240; amended by S.S.I. 2010/270 and 312.

(2)

1995 c.46; section 15A was inserted by the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15), section 1(4).

(3)

1995 c.39; section 25A was inserted by the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), Schedule 1, paragraph 4.