(1)Criminal legal aid shall be available on an application made to the court—
(a)where a person is being prosecuted under solemn procedure; or
(b)where a person who has not previously been sentenced to imprisonment or detention has been convicted in summary proceedings, and the court is considering a sentence of imprisonment or detention or the imposition of imprisonment under section 396(2) of the M1Criminal Procedure (Scotland) Act 1975 (failure to pay a fine when no time for payment is allowed),
if the court is satisfied after consideration of the person’s financial circumstances that the expenses of the case cannot be met without undue hardship to him or his dependants.
(2)In subsection (1) above, “the court” means—
(a)in relation to solemn proceedings—
(i)the sheriff before whom the person is brought for examination; or
(ii)where criminal legal aid has not been made available at any earlier stage of the proceedings in a case before it, the High Court of Justiciary;
(b)in relation to summary proceedings, the court before which the proceedings are being taken,
and references in that subsection to detention shall be construed in accordance with [F1section 204(4)(b) of the Criminal Procedure (Scotland) Act 1995].
Textual Amendments
F1Words in s. 23(2) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 63(4)
Marginal Citations