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5.—(1) In regulation 3(1) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011(1) (duty solicitors: advice for suspects)—
(a)after “assistance to” insert—
(a)”; and
(b)at the end insert—
“(b)a 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; or
(c)a person detained under section 26 of that Act (detention in connection with certain drug smuggling offences).”.
(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.
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