Regulation 4 Amendment of the principal Regulations

In regulation 13(1) of the principal Regulations (legal aid for criminal appeals)—

(a)

after the word “sentence” there shall be inserted “, other disposal”;

(b)

in sub-paragraph (c) for the words “except where the appeal is against acquittal” there shall be substituted—

“in the case of an application for criminal legal aid in respect of an appeal under section 228(1) or 442(1)(a) of the 1975 Act^f1 where the person was, before 26th September 1995, convicted of or, as the case may be, found to have committed the offence”; and

(c)

after sub-paragraph (c) there shall be inserted—

“(d)

in the case of an application for criminal legal aid to which section 25(2)(c) of the Act^f2 applies, include a statement of the grounds of appeal and any other circumstances which the applicant considers relevant to enable the Board to be satisfied that in all the circumstances of the case it is in the interests of justice that the applicant should receive criminal legal aid.”.

Annotations

Footnotes

f1: 1975 c. 21. Sections 228(1) and 442(1)(a) were substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 2, paragraph 1 and Schedule 3, paragraph 1 respectively; were amended by the Criminal Justice Act 1993 (c. 36), section 68; and were amended by the Criminal Justice (Scotland) Act 1995 (c. 20), section 42. Section 42 was commenced on 26th September 1995 by the Criminal Justice (Scotland) Act 1995 (Commencement No.1, Transitional Provisions and Savings) Order 1995 (S.I. 1995/2295)—by virtue of article 5 of that Order section 42 shall not apply where the person was, before 26th September 1995, convicted of or, as the case may be, found to have committed the offence.
f2: Section 25(2)(c) was inserted by section 65(3)(c) of the Criminal Justice (Scotland) Act 1995.