Children’s: Termination of legal aid in contempt cases: application of Regulation 8 and implications

If we have granted legal aid for an appeal arising out of contempt proceedings, regulation 8 of The Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992 gives us power to end the legal aid, if we are satisfied that your client has:

  • Wilfully failed to comply with the provisions of these regulations
  • Knowingly made a false statement or false representation
  • Conducted themselves in connection with the proceedings in such a way as to make it appear unreasonable to us that they should continue to receive legal aid
  • Wilfully or deliberately given false information for the purpose of misleading us in considering their financial circumstances [section 24 of the Legal Aid (Scotland) Act 1986].

Before we decide to end the legal aid, we must consider any explanation your client offers.

If we end legal aid under this regulation:

  • We have the right to recover from your client the amount paid out of the Fund for the fees and outlays of you and counsel
  • You have the right to receive from them the difference between the amount payable out of the Fund and the full amount that would be payable to you on a solicitor and client basis for fees and outlays
  • We may direct that your client shall cease to be entitled to legal aid in connection with the proceedings

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