Criminal Justice (Scotland) Act 1963

Section 48.

SCHEDULE 4 Amendment of Legal Aid (Scotland) Act 1949

Legal Aid in Criminal Proceedings

In section 1, in subsection (6), the words from " or in connection" to " indictment)" shall be omitted and at the end of that subsection there shall be inserted the following subsection:—

“(6A) In criminal proceedings, a person shall not be given legal aid in connection with—

(i) summary proceedings unless—

(a) he is entitled to receive such aid by virtue of subsection (2) of the next following section, or

(b) the court considers that in all the circumstances of the case it is in the interests of justice that legal aid should be available to the accused and grants a legal aid certificate;

(ii) proceedings by way of appeal against conviction or sentence (whether in summary proceedings or in proceedings on indictment) unless it appears that he has substantial grounds for taking those proceedings, and that it is reasonable that he should receive legal aid in the particular circumstances of the case. ”

In section 2.—

• in subsection (1), after the word " aid ", where first occurring, there shall be inserted the words " in connection with any civil proceedings " , and at the end of that subsection there shall be inserted the following subsections:—

  “(1A) Subject to this Part of this Act, legal aid in connection with criminal proceedings shall be available to an accused person where the court is satisfied after consideration of his financial circumstances that he is unable without undue hardship to 'himself or his dependants to meet the expenses of the case.

  (1B) In the last foregoing subsection, "court" means—

  (a) in relation to summary proceedings, the court before which the proceedings are being taken ;

  (b) in relation to proceedings on indictment, the sheriff before whom the accused is taken for judicial examination ;

  (c) in relation to an appeal by way of stated case from a court of summary jurisdiction, that court;

  (d) in relation to any other form of appeal, the court to which the appeal is made.

  (1C) Where—

  (a) in any case the court mentioned in paragraphs (a) or (b) of the last foregoing subsection has made legal aid available to an accused person in pursuance of this section, that person shall continue to be regarded as financially eligible for legal aid in connection with any subsequent proceedings (including proceedings by way of appeal) arising from the case ;

  (b) legal aid has not been made available to an accused person and his case comes before the High Court of Justiciary, legal aid shall be available to him if that Court is satisfied of his financial eligibility as aforesaid”;

• for subsection (2) there shall be substituted the following subsection :—

  “(2) Notwithstanding the provisions of subsection (1A) of this section, legal aid shall be available in connection with criminal proceedings to an accused person without inquiry into his resources—

  (a) where his case is being prosecuted under solemn procedure, and where no .determination as to his eligibility for legal aid has been made for the purposes of that subsection, until, after being brought before the court for examination on declaration, he is admitted to bail or committed until liberated in due course of law, or

  (b) where he is in custody and is being prosecuted summarily (before the sheriff or in a juvenile court constituted an pursuance of section 51 of 'the Children and Young Persons (Scotland) Act 1937, until the conclusion of the first diet at which he is called upon to plead and of any application for liberation which may follow thereon or, where he has pleaded guilty at that diet, until the conclusion of the last subsequent diet fixed for the disposal of his case.”;

• in subsection (3), in paragraph (c), after the word " contribution " there shall be inserted the words " in accordance with the next two following sections ", and at the end of that paragraph there shall be inserted the words " in connection with any civil proceedings ".

In section 6, in subsection (3), in the proviso, for paragraph (a) there shall be substituted the following paragraph:—

“(a) where in pursuance of arrangements made by the Law Society in accordance with any scheme for the time being in force under section 8 of (this Act a solicitor is available in any court for the special purpose of giving legal aid in connection with criminal proceedings in that court, the scheme may specify proceedings in which an accused person shall not be entitled, to legal aid in that court otherwise than by representation by that solicitor ; and”.

In section 15, in subsection (1), in paragraph (b), after the word " litigandi" there shall be inserted the words " or whether he has substantial grounds for taking proceedings by way of appeal against conviction or sentence ".