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The Criminal Legal Aid (Scotland) Regulations 1996
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- UK Statutory Instruments
- 1996 No. 2555 (S. 200)
- Regulation 7
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Availability of other rights and facilities in proceedings to which section 23 of the Act applies
7.—(1) Where it appears to the court that an applicant for criminal legal aid under section 23 of the Act has available to him rights and facilities making it unnecessary for him to obtain legal aid, or has a reasonable expectation of receiving financial or other help from a body of which he is a member, the court shall not, unless it is satisfied that there is special reason for doing so, make legal aid available to him.
(2) The court, before making legal aid available under section 23(1) of the Act to a person who is a member of a body which might reasonably have been expected to give him financial help towards his defence, shall require him to undertake in writing that he will pay to the Board any sum received from that body on account of the expenses of his defence.
(1)
Section 23(2) was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, Schedule 4, paragraph 63(4).
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