C1C2Part IIAdvice and Assistance
Pt. II applied (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/179), regs. 3-5 (as amended (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2); (26.1.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/13) regs. 1, 2(2); (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2); (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 6(3))
8AF1Criminal advice and assistance: automatic availability in certain circumstances
1
The Scottish Ministers may by regulations provide that, in such circumstances as may be prescribed in the regulations, advice and assistance in relation to criminal matters is to be available for any relevant client without reference to
F6b
the criteria mentioned in section 9A(2).
F31A
Regulations under subsection (1) may also provide that, in such circumstances as may be prescribed in the regulations, section 11(2) is not to apply in respect of advice and assistance made available to a relevant client.
2
In F4 subsections (1) and (1A), “relevant client” means a client who is
F2a
a person to whom F8section 32 (right to have solicitor present) of the Criminal Justice (Scotland) Act 2016 applies
F7b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9d
a person who is detained under section 41 of, or Schedule 7 to, the Terrorism Act 2000, or
e
a person who is detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5