The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988

Assistance by way of representation which may be provided

4.  The assistance by way of representation which may be provided under Part II of the Act in relation to summary criminal proceedings shall be representation of an accused person who is not in custody —

(a) at any diet (other than a diet which has been preceded by a plea of not guilty) at which a plea to the competency or relevancy of the complaint or proceedings, or a plea in bar of trial, is tendered on his behalf, and thereafter until that plea has been determined by the court and any related appeal to the High Court of Justiciary under section 334(2A) of the 1975 Act (1)has been disposed of or withdrawn;

(b) at any diet (other than a diet which has been preceded by a plea of not guilty) at which a question within the meaning of rule 113 of the Act of Adjournal (Consolidation) 1988 (2) is raised and thereafter until that question has been determined by the court;

(c) at any diet at which there is tendered, on behalf of an accused who has not previously tendered a plea of not guilty, a plea of guilty to the charges against him, or a plea of guilty to part thereof, which partial plea is accepted by the prosecutor, and thereafter until his case has been finally disposed of;

(d) at any diet at which the court is considering the accused’s plea of guilty to the charges and where there has been no change of plea, and thereafter until final disposal of the case;

(e) at any diet at which the court is considering the accused’s changed plea of guilty to the charges, provided that the accused has intimated in writing his intention to change his plea to one of guilty to the prosecutor within 14 days of the diet at which the plea of not guilty was tendered, and where no application for criminal legal aid has been made, and thereafter until final disposal of the case; and

(f) at any diet where the judge orders a proof in mitigation, and thereafter until final disposal of the case.

(1)

Section 334(2A) was inserted by the Criminal Justice (Scotland) Act 1980 (c. 62), section 36.

(2)

S.I. 1988/110