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Regulation 4 Distinct proceedings for purposes of criminal legal aid

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of criminal legal aid, the following shall be treated as distinct proceedings:–

(a)

any such identification parade as is referred to in section 21(4)(b)f1 of the Act;

(b)

any such proceedings as are described in section 22(1)(b) of the Act;

(c)

solemn proceedings other than such proceedings referred to in sub-paragraph (b) above or (j) below;

(d)

any such proceedings as are described in section 22(1)(c) of the Act;

(e)

summary proceedings other than such proceedings referred to in sub-paragraph (d) above or (j) below;

(f)

appeals to the High Court of Justiciary against conviction, sentence, other disposal or acquittal;

(g)

petitions to the nobile officium of the High Court of Justiciary (whether arising in the course of any proceedings or otherwise);

(h)

references by the Secretary of State under section 124 of the 1995 Act;

(i)

such proceedings as are described in section 22(1)(e) of the Act;

(j)

such proceedings as are described in section 22(1)(da), (db) or (dc) of the Actf2.

(2)

The distinct proceedings specified in paragraph (1) above shall be treated as including the following related proceedings (which are accordingly not to be treated as distinct proceedings for purposes of criminal legal aid):–

(a)

applications for bail or review of bail, or appeals in respect of bail;

(b)

in relation to paragraph (1)(c) above, proceedings following a remit for sentence to the High Court of Justiciary under section 195 of the 1995 Act;

(c)

in relation to paragraph (1)(f) above, proceedings following a remit from the High Court of Justiciary to the inferior court in accordance with section 185 of the 1995 Act;

(d)

in relation to paragraph (1)(c) above, any proceedings up to and including the first hearing of the complaint where a charge is reduced from solemn to summary proceedings and, if a plea of guilty is tendered, thereafter to the conclusion of the case.

Annotations

Footnotes

f1

Section 21(4)(b) was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, Schedule 4, paragraph 63(2).

f2

Sections 22(1)(da), (db) and (dc) of the Legal Aid (Scotland) Act 1986 were inserted by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, Schedule 4, paragraph 63(3).