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The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 1993

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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988 and provide for assistance by way of representation (ABWOR) to be made available in relation to–

(a)disciplinary proceedings before a governor in relation to a prisoner or a person serving a sentence of detention, under the Prison (Scotland) Rules 1952 or the Young Offenders (Scotland) Rules 1965, where the prisoner is permitted by the governor to be legally represented; and

(b)Parole Board cases involving a discretionary life prisoner or a prisoner who is treated as if he were a discretionary life prisoner which are referred to the Parole Board under the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9).

The Regulations provide for ABWOR to be available at all stages of disciplinary proceedings before a governor and, in Parole Board cases, at all stages of proceedings relating to those cases before a tribunal composed of Parole Board members or before the chairman of a tribunal at a preliminary hearing.

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