The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023. This Guidance item was not affected but a copy has been placed with related guidance in the archive section for the regulations in force prior to 29 April 2023.
It could be argued that had someone not committed an offence on the face of a second or subsequent complaint, they would not lay themselves open to a charge of being in breach of an existing bail order, thereby bringing all the charges within the ambit of the same incident. However, we consider that a charge on a separate complaint of breach of bail is a distinct charge not necessarily arising from the same incident for which the accused person has been arrested.
An exception to this that could arise in some of the examples above is where the accused is charged with breach of bail on the initial complaint and also on subsequent complaints. This would not of itself be a distinct charge and would not justify a separate application or further fixed payment.