Explanatory note
(This note is not part of the Regulations)
These Amendment Regulations provide for assistance by way of representation to be available in relation to certain further summary criminal proceedings in Scotland and appeals to the Sheriff under the Mental Health (Scotland) Act 1984, for which criminal legal aid is not available in terms of the Legal Aid (Scotland) Act 1986.
The Regulations extend the availability of representation by way of advice and assistance to the following circumstances:—
appeals to the Sheriff under the Mental Health (Scotland) Act 1984;
where an accused who has pled guilty is called before the court;
where an accused changes his plea from not guilty to guilty within 14 days and does not apply for criminal legal aid; and
where the court orders a proof in mitigation.