Availability of criminal advice and assistance for persons suspected of a Revenue and Customs offence and persons detained for certain drug smuggling offences
4.—(1) In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011(1) (criminal advice and assistance: automatic availability in certain circumstances) —
(a)after “the Act” insert—
(a)”; and
(b)at the end insert—
“(b)for any person to whom section 25A of the Criminal Law (Consolidation) (Scotland) Act 1995 (right of suspects to have access to a solicitor: revenue and customs offences) applies, in relation to a private consultation within the meaning of subsection (3) of that section; and
(c)for any person detained under section 26 of that Act (detention in connection with certain drug smuggling offences), in relation to a consultation with a solicitor permitted by subsection (9)(b) of that section.”.
(2) The amendments made by paragraph (1) have no effect in relation to—
(a)a person who is detained under section 24 or 26 of that Act, where the period of detention began before the time at which this Order comes into force;
(b)a person who attends as mentioned in section 25A(1)(b) of that Act, where the period of attendance began before that time; or
(c)a person who is arrested and detained as mentioned in section 25A(1)(c) of that Act, where the arrest occurred before that time.