New regulations extend automatic eligibility and improved payment arrangements for police station work to terrorism matters

The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 (“the 2021 Regulations”) came into force on 17 February 2021.

The regulations ensure that the automatic eligibility and improved payment arrangements brought in for police station work with the implementation of the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) are extended to apply to detention under the Counter-Terrorism and Border Security Act 2019 (“the 2019 Act”) as well as other terrorism matters.

Although this may look like a small change, many regulation changes are needed to apply the CJSA arrangements to the 2019 Act and other terrorism matters. In this update, we’ve summarised the changes for you.

The regulations can be found on

A summary of the changes:

  • Expenditure limits
  • No means test
  • A&A arrangements and fee tables updated
  • Subsumption rules don’t apply
  • How to submit your applications and accounts

For further information, please contact:

Criminal Legal Aid: Kingsley Thomas, Head of Criminal Legal Assistance – email:

Accounts: Steven Carrie, Senior Technical Specialist – email:

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