The Advice and Assistance (Summary Criminal Proceedings) (Miscellaneous Amendment) (Scotland) Regulations 2022

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

4.  In regulation 6 (summary criminal proceedings) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003(1) for sub-paragraph (c) of paragraph (1) substitute—

“(c) in relation to any diet (including ancillary work prior to that diet) in a case in which no plea has previously been tendered, where—

(i) at the diet a plea of guilty to the charges against the accused is tendered, or a plea of guilty to part thereof which partial plea is accepted by the prosecutor, and thereafter until the case has been finally disposed of;

(ii) at the diet the prosecutor accepts a plea of not guilty to the charges to the effect that the case is then concluded; or

(iii) prior to calling the case at that diet the prosecutor accepts a plea of not guilty to the charges or otherwise makes a final determination that the case is not to proceed whether at that time or thereafter, and does not call the case at that diet;”.

(1)

S.S.I. 2003/179, relevant amending instruments are S.S.I. 2008/251 and S.S.I. 2014/366.