Rule 33.3 Discontinuance of entitlement to legal aidI1

Scotland

(1)

F1Subject to paragraph (1A) below, where the court before which there are proceedings in which an assisted person is an accused or appellant is satisfied, after hearing that person—

(a)

that he—

(i)

has without reasonable cause failed to comply with a proper request made to him by the solicitor acting for him to supply any information relevant to the proceedings,

(ii)

has delayed unreasonably in complying with any such request,

(iii)

has without reasonable cause failed to attend at a diet of the court at which he has been required to attend or at a meeting with the counsel or solicitor acting for him under the Act of 1986 at which he has reasonably and properly been required to attend,

(iv)

has conducted himself in connection with the proceedings in such a way as to make it appear to the court unreasonable that he should continue to receive criminal legal aid,

(v)

has wilfully or deliberately given false information for the purpose of misleading the court in considering his financial circumstances under section 23(1) of the Act of 1986, or

(vi)

has without reasonable cause failed to comply with a requirement of the Regulations, or

(b)

that it is otherwise unreasonable for the solicitor to continue to act on behalf of the assisted person in the proceedings,

the court may direct that the assisted person shall cease to be entitled to criminal legal aid in connection with those proceedings.

F2(1A)

Where the solicitor acting for the assisted person was appointed by the court under section 288D of the Act of 1995 (appointment of solicitors by court in proceedings in respect of sexual offence), paragraph (1) shall not apply.

(2)

Where a direction is made under paragraph (1) of this rule in the course of proceedings to which section 22 of the Act of 1986^f1 (automatic availability of criminal legal aid) applies, the accused shall not be entitled to criminal legal aid in relation to any later stages of the same proceedings before the court of first instance.

(3)

Where a court issues a direction under paragraph (1), the clerk of court shall send notice of it to the Scottish Legal Aid Board.

(4)

Where a court of first instance has made a direction under paragraph (1)(a), it shall instruct the clerk of court to report the terms of the finding made by the court to the Scottish Legal Aid Board for its consideration in any application for criminal legal aid in an appeal in connection with the proceedings in that court.

Annotations

Textual amendments

F1: Words in Sch. 2 rule 33.3(1) substituted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(10)(a)
F2: Sch. 2 rule 33.3(1A) inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(10)(b)

Commencement

I1: Sch. 2 rule 33.3 in force at 1.4.1996, see para. 1(1)

Footnotes

f1: Section 22 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, Schedule 4, paragraph 63(3).