1994 No. 1001 (S. 44)

LEGAL AID AND ADVICE, SCOTLAND

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1994

Made

Coming into force

The Secretary of State, in exercise of the powers conferred on him by sections 21(2), 36(1) and 37(1) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations of which a draft has, in accordance with section 37(2) of that Act, been laid before, and approved by resolution of, each House of Parliament:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1994 and shall come into force on 11th April 1994.

2

In these Regulations, unless the context otherwise requires, “the 1975 Act” means the Criminal Procedure (Scotland) Act 1975(2)

Application2

These Regulations shall not apply in relation to any case where criminal legal aid is granted before 11th April 1994.

Proceedings in which criminal legal aid shall not be available3

Criminal legal aid shall not be available in connection with proceedings–

a

under section 186 or 387 of the 1975 Act(3) in relation to failure to comply with the requirements of a probation order;

b

under section 187 or 388 of the 1975 Act in relation to the conviction of a probationer by a Court in Great Britain of an offence committed during his probation period;

c

under section 4 of the Community Service by Offenders (Scotland) Act 1978(4) in relation to failure to comply with the requirements of a community service order;

d

under paragraph 4 of Schedule 6 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(5) in relation to failure to comply with the requirements of a supervised attendance order; and

e

under section 42 of the Road Traffic Offenders Act 1988(6) for removal of a disqualification.

Fraser of CarmyllieMinister of State, Scottish OfficeSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations prescribe proceedings in connection with which criminal legal aid shall not be available. The proceedings prescribed are those to which assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 is made available by regulation 3(b) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1994 (S.I.1994/1000).