(1)Subject to the provisions of this section, [F2sections 25 and 25AB of this Act apply] to any appeal, within the meaning of section 303A of the Criminal Procedure (Scotland) Act 1995 (transfer of rights of appeal of deceased person), instituted or continued by a person (an “authorised person”) authorised under subsection (4) of the said section 303A.
(2)Where an authorised person is continuing an appeal which has been instituted by the deceased person, and criminal legal aid, within the meaning of section 25, [F3or section 25AB] has been awarded to the deceased person in connection with any proceedings, such legal aid shall continue to be made available to the authorised person in respect of those proceedings.
(3)Where—
(a)the deceased person had applied for criminal legal aid within the meaning of section 25, [F3or section 25AB] but the application had not been determined prior to his death; or
(b)the deceased person had not applied for such legal aid,
the authorised person shall be regarded as the applicant and, in a case to which paragraph (b) applies, may apply for such legal aid.
(4)Notwithstanding subsection (3) above—
(a)in [F4sections 25(2)(a) and 25AB(2)] of this Act, where the authorised person is the executor of the deceased, any reference to—
(i)the financial circumstances of the applicant shall be construed as a reference to the value of the deceased person’s estate; and
(ii)the applicant’s dependants shall be construed as a reference to the beneficiaries of the deceased’s estate; and
(b)any reference in section 25(2)(c) or (2A) of this Act to whether it is in the interests of justice that the applicant should receive legal aid shall be construed as a reference to whether it would have been in the interests of justice that the deceased should have received legal aid.]
Textual Amendments
F1S 25AA inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(7); S.I. 1997/1712, art. 3, Sch.
F2Words in s. 25AA(1) substituted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 11(3)(a)
F3Words in s. 25AA(2)(3)(a) inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 11(3)(b)(c)
F4Words in s. 25AA(4)(a) substituted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 11(3)(d)