Explanatory note
(This note is not part of the Regulations)
These Regulations amend the provisions of the Criminal Legal Aid (Scotland) Regulations 1987 in the following respects:—
they ensure that breaches of probation orders and community service orders shall be treated as distinct proceedings for the purposes of criminal legal aid;
they ensure that legal aid will continue to be available up to and including the first hearing of the complaint where a charge is reduced from solemn to summary proceedings, and to the case’s conclusion, if a plea of guilty is tendered;
they make clear that the services of the duty solicitor in advising and acting for any person to whom the provisions of regulation 5 apply include acting in any preliminary plea or plea in bar of trial or any mental health proof;
they make provision for applications for criminal legal aid in summary proceedings, reviews and appeals to be made, on behalf of an applicant who cannot write or who is mentally disordered, by a person authorised by the applicant or by the applicant’s legal representative, respectively; and
by extending the time limit for application for review from within 7 days to within 10 days.