Handbooks Index

Legislation Handbook

 

Legal Aid (Scotland) Act 1986 and associated legislation


Legal Aid (Scotland) Act 1986


Part IV Criminal Legal Aid

 

21. Scope and nature of criminal legal aid

22. Automatic availability of criminal legal aid

23. Power of the court to grant legal aid

24. Legal aid in summary proceedings

25. Legal aid in appeals

25AA. Legal aid in respect of appeals under section 303A of the 1995 Act

25AB. Legal aid in references, appeals or applications for special leave to appeal to the Judicial Committee of the Privy Council

 

Back to Legal Aid (Scotland) Act main contents page

 

 

Scope and nature of criminal legal aid

 

21.    (1)    This Part of this Act applies to legal aid in connection with

(a)          criminal proceedings before any of the following

                                    (i)       the High Court of Justiciary;

1A (ia) the Sheriff Appeal Court

                                   (ii)       the sheriff;

                                   (iii)       the district court;

(aa)   [1]any case the referral of which is required, under section 2(6) of the Prisoners and Criminal Proceedings (Scotland) Act 1993, by a designated life prisoner;

(b)          any reference in connection with such proceedings under Article 177 of the EEC Treaty;

(c)          [2]any reference, appeal or application for special leave to appeal to the Supreme Court under paragraph 11 or 13(a) of Schedule 6 to the Scotland Act 1998;

(d)          [3]any reference, appeal or application for permission to appeal to the Supreme Court under section 288ZB or 288AA of the Criminal Procedure (Scotland) Act 1995

and such legal aid is referred to in this Act as "criminal legal aid"

(2)[4]  The Secretary of State may, by regulations made under this section, prescribe by reference to such considerations as appear to him to be appropriate any class or stage of proceedings in connection with which criminal legal aid shall or, as the case may be, shall not be available.

(3)    Subject to regulations made under this section, and to sections 22 and 23 of this Act, criminal legal aid shall not be available in connection with summary criminal proceedings until the conclusion of the first diet at which the accused has tendered a plea of not guilty.

(4)    Criminal legal aid shall consist of representation, on terms provided for by this Act

(a)          [5]by a solicitor and, where appropriate, by counsel;

(b)          [6]by a solicitor at any identification parade held, by or on behalf of the prosecutor (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995), in connection with or in contemplation of criminal proceedings against the person so represented,

and shall include all such assistance as is usually given by a solicitor or counsel in the steps preliminary to or incidental to criminal proceedings.

 

Automatic availability of criminal legal aid

 

22.    (1)[7]  Subject to regulations made under section 21(2) of this Act, criminal legal aid shall be available to every accused person

(a)          where he is given representation as mentioned in paragraph (b) of section 21(4) of this Act;

(b)          where his case is being prosecuted under solemn procedure until either

                                  (i)       [8]an application for legal aid under section 23A(1) of this Act has been determined;  or

                                 (ii)       he is admitted to bail or he is committed until liberation in due course of law,

whichever first occurs;

(c)          [9]where he is being prosecuted under summary procedure, and either is in custody or has been liberated under section 295(1)(a) of the Criminal Procedure (Scotland) Act 1975 (liberation by police on undertaking to appear)

                                  (i)       until the conclusion of the first diet at which he tenders a plea of guilty or not guilty;  or

                                 (ii)       where he has tendered a plea of guilty at that diet, until his case is finally disposed of;

(d)          where he is in custody and he is being prosecuted under summary procedure and he has

                                  (i)       tendered a plea of not guilty;  and

                                 (ii)       made an application to the Board for legal aid in connection with the proceedings,

until his application has been determined by the Board;

(da)   [10]in relation to any proceedings under solemn or summary procedure whereby the court determines (whether or not on a plea by the accused person) whether he is insane so that his trial cannot proceed or continue;

(db)   [11]in relation to an examination of facts held under section 55 of the Criminal Procedure (Scotland) Act 1995 and the disposal of the case following such examination of facts;

(dc)   [12]in relation to any appeal under section 62 or 63 (appeal by, respectively, accused or prosecutor in case involving insanity) of that Act of 1995;  and

 

(dd)   

[13]where a solicitor has been appointed under section 288D of the Criminal Procedure (Scotland) Act 1995 (c.46) (appointment by court of solicitor for person accused of [13A] certain offences and thereby prohibited from conducting defence in person) or section 92(2), (2B)(b) or (2E) of that Act (appointment of solicitor for accused where the trial is to proceed in his absence) to act on his instructions or in his interests.  

 

(de)   [14]where a solicitor has been appointed under subsection (4)(b) or (7) of section 150A (proceedings in absence of accused) of the Criminal Procedure (Scotland) Act 1995 to represent the accused’s interests;

(e)          [15]where he is being prosecuted under section 255 or 452B of the Criminal Procedure (Scotland) Act 1975 (new prosecution for same or similar offence), until his case is finally disposed of;

 

and, in relation to paragraph (dc) above, "accused person" includes a person authorised to institute or continue an appeal under section 303A(4) of the Criminal Procedure (Scotland) Act 1995 (transfer of rights of appeal of deceased person).

 

(2)    Criminal legal aid made available in the circumstances referred to in paragraph (c)(i) of subsection (1) above shall also be available in connection with any steps taken in the making of and representation in connection with any application for liberation following upon the diet referred to in that paragraph.

 

Power of the court to grant legal aid

 

23.    (1)    Criminal legal aid shall be available on an application made to the court

a)         

[16]

 

(b)          [17]where a person who has not previously been sentenced to imprisonment or detention has been convicted in summary proceedings, and the court is considering a sentence of imprisonment or detention or the imposition of imprisonment under section 396(2) of the Criminal Procedure (Scotland) Act 1975 (failure to pay a fine when no time for payment is allowed),

if the court is satisfied after consideration of the person's financial circumstances that the expenses of the case cannot be met without undue hardship to him or his dependants.

(2)[18]  In subsection (1) above, "the court" means

(a)         

[19]

 

(b)          in relation to summary proceedings, the court before which the proceedings are being taken,

and references in that subsection to detention shall be construed in accordance with section 204(4)(b) of the Criminal Procedure (Scotland) Act 1995.

23A

[20]  Legal aid in solemn proceedings

(1)  Criminal legal aid shall be available on an application made to the Board, where a person is being prosecuted under solemn procedure, if the Board is satisfied after consideration of the person's financial circumstances that the expenses of the case cannot be met without undue hardship to the person or the person's dependants.

(2)  Legal aid made available to a person under subsection (1) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.

(3)  The Board may require a person receiving legal aid under subsection (1) to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for him to continue to receive criminal legal aid.

(4)  The Board shall establish a procedure under which any person whose application for legal aid under subsection (1) has been refused may apply to the Board for a review of the application.

(5)  The Board shall establish a procedure under which any person receiving criminal legal aid under subsection (1) which is subject to conditions by virtue of subsection (2) may apply to the Board for a review of any such condition.

 

 

Legal aid in summary proceedings

 

24.    (1)[21] Subject to regulations made under section 21(2) of this Act, to section 21(3)  of this Act and to subsections (1A), (2) and (3) below, criminal legal aid shall be available to an accused person in summary proceedings on an application made to the Board if the Board is satisfied –

(a)          after consideration of the financial circumstances of the accused person, that the expenses of the case cannot be met without undue hardship to him or his dependants; and

(b)          that in all the circumstances of the case it is in the interests of justice that legal aid should be made available to him.

(1A)[22] Legal aid made available to a person under subsection (1) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time. 

(2)    The Board may require a person receiving criminal legal aid under this section to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that 

(a)          [23]after consideration of the financial circumstances of the person, the expenses of the case cannot be met without undue hardship to him or his dependants;

(b)          it is in the interests of justice for him to continue to receive criminal legal aid.

(3)    The factors to be taken into account by the Board in determining whether it is in the interests of justice that criminal legal aid be made available in any case shall include

(a)          the offence is such that if proved it is likely that the court would impose a sentence which would deprive the accused of his liberty or lead to loss of his livelihood;

(b)          the determination of the case may involve consideration of a substantial question of law, or of evidence of a complex or difficult nature;

(c)          the accused may be unable to understand the proceedings or to state his own case because of his age, inadequate knowledge of English, mental illness, other mental or physical disability or otherwise;

(d)          it is in the interests of someone other than the accused that the accused be legally represented;

(e)          the defence to be advanced by the accused does not appear to be frivolous;

(f)           the accused has been remanded in custody pending trial.

(4)    The Secretary of State may, by regulations made under this section, vary the factors listed in subsection (3) above by amending factors in the list or by adding new factors to the list.

(5)    The Board shall establish a procedure under which any person whose application for criminal legal aid in summary proceedings has been refused may apply to the Board for a review of his application.

(5A)[24]   The Board shall establish a procedure under which any person receiving criminal legal aid under this section which is subject to conditions by virtue of subsection (1A) may apply to the Board for a review of any such condition. 

(6)    [25]Where a person who is being prosecuted under summary procedure is not represented by a solicitor or counsel and 

(a)          has not applied for criminal legal aid in connection with proceedings;  

(b)          has applied for criminal legal aid but been refused it on the grounds that it is not in the interests of justice; or

(c)          is no longer receiving criminal legal aid in connection with proceedings because the Board is no longer satisfied as to the matters mentioned in paragraphs (a) and (b) of subsection (1)

the court at the trial diet may, if it considers that owing to the exceptional circumstances of the case it would be inequitable to proceed with the trial without such representation and without legal aid being made available to him, adjourn the diet to enable an application for legal aid to be made to the Board, which shall consider the application expeditiously.

(7)    Where the trial of an accused person is adjourned as is mentioned in subsection (6)  above, and he has made an application to the Board, criminal legal aid shall be available to him until his application is determined by the Board.

(8)    Where any person to whom criminal legal aid has been made available in pursuance of subsection (7) above has his application for criminal legal aid under subsection (6) above refused by the Board on the ground that it is satisfied that subsection (1)(a) above does not apply in his case, the Board may require him to pay to the Fund the whole or part of the amount of any sums paid out of the Fund under section 4(2)(a) of this Act in respect of the criminal legal aid so made available.


Legal aid in appeals

 

25.    (1)[26]  This section shall apply to criminal legal aid in connection with an appeal against conviction, sentence, other disposal or acquittal in criminal proceedings other than an appeal in relation to which section 22(1)(dc) of this Act applies.

(2)[27]  Subject to regulations made under section 21(2) of this Act criminal legal aid to which this section applies shall be available on an application made to the Board if

(a)          [28]subject to subsection (4) below, the Board is satisfied after consideration of the financial circumstances of the applicant, that the expenses of the appeal cannot be met without undue hardship to the applicant or his dependants;

(b)          [29]in the case of an appeal under section 106(1) 29A or 175(2)  or 194ZB(1) of the Criminal Procedure (Scotland) Act 1995 leave  29B, or permission to  appeal is granted;  and

(c)          [30]in the case of an appeal under any other provision of that Act, where the applicant is the appellant, the Board is satisfied that in all the circumstances of the case it is in the interests of justice that the applicant should receive criminal legal aid.

(2A)[31]  Where the Board has refused an application for criminal legal aid on the ground that it is not satisfied as mentioned in subsection (2)(c) above the High Court 31A  or, in the case of an appeal to the Sheriff Appeal Court, that court  may, at any time prior to the disposal of an appeal, whether or not on application made to it, notwithstanding such refusal determine that it is in the interests of justice that the applicant should receive criminal legal aid in connection with the appeal, and the Board shall forthwith make such legal aid available to him.

(2B)[32]  Where a person is no longer receiving criminal legal aid because the Board is no longer satisfied as mentioned in subsection (2)(c) above the High Court 32A   or, in the case of an appeal to the Sheriff Appeal Court, that court may, at any time prior to the disposal of the appeal, whether or not on application made to it, notwithstanding the Board no longer being so satisfied, determine that it is in the interests of justice that the person should receive criminal legal aid in connection with the appeal, and the Board shall forthwith make such legal aid available to him.

(2C)[33]  Legal aid made available to a person under subsection (2) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.

(3)    The Board may require a person receiving criminal legal aid under this section to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for him to continue to receive criminal legal aid.

(3A)[34]  The Board shall establish a procedure under which any person whose application for criminal legal aid under subsection (2) has been refused may apply to the Board for a review of his application.

(3B)[35]  The Board shall establish a procedure under which any person receiving criminal legal aid under subsection (2) which is subject to conditions by virtue of subsection (2C) may apply to the Board for a review of any such condition.

(4)    [36]Subsection (2)(a) above does not apply where criminal legal aid was made available under section 23, 23A or 24 of this Act in connection with the proceedings in respect of which the appeal is being made.

(5)[37]  Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with consideration under section 107, 180 37A, 187 194ZD or 194ZE  of the Criminal Procedure (Scotland) Act 1995 whether to grant leave  37B or permission to appeal as if –

(a)          in subsection (2)(a), for the words "of the appeal" there were substituted the words "in connection with consideration whether to grant leave37C  or permission to appeal";  and

(b)          in subsection (4), after the word "is" there were inserted the words ", subject to leave 37D or permission being granted,".

(6)[38]  Subsections (2)(a) and (c) and (2A) to (4) above shall apply to an application for criminal legal aid in connection with a petition to the nobile officium of the High Court of Justiciary (whether arising in the course of any proceedings or otherwise) as they apply for the purposes of subsection (1) above.

(7) [39],[40]  Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with a reference by the Scottish Criminal Cases Review Commission under section 194B of the Criminal Procedure (Scotland) Act 1995 as they apply for the purposes of subsection (1) above.


Legal aid in respect of appeals under section 303A of the 1995 Act

 

25AA.[41](1)[42] Subject to the provisions of this section, sections 25 and 25AB of this Act apply to any appeal, within the meaning of section 303A of the Criminal Procedure (Scotland) Act 1995 (transfer of rights of appeal of deceased person), instituted or continued by a person (an "authorised person") authorised under subsection (4) of the said section 303A.

(2)[43] Where an authorised person is continuing an appeal which has been instituted by the deceased person, and criminal legal aid, within the meaning of section 25 or section 25AB, has been awarded to the deceased person in connection with any proceedings, such legal aid shall continue to be made available to the authorised person in respect of those proceedings.

(3)[44]  Where -

(a)          the deceased person had applied for criminal legal aid within the meaning of section 25 or section 25AB, but the application had not been determined prior to his death;  or

(b)          the deceased person had not applied for such legal aid,

the authorised person shall be regarded as the applicant and, in a case to which paragraph (b) applies, may apply for such legal aid.

(4)    Notwithstanding subsection (3) above – 

(a)          [45]in sections 25(2)(a) and 25AB(2) of this Act, where the authorised person is the executor of the deceased, any reference to -

                                  (i)       the financial circumstances of the applicant shall be construed as a reference to the value of the deceased person's estate;  and

                                 (ii)       the applicant's dependants shall be construed as a reference to the beneficiaries of the deceased's estate;  and

(b)          any reference in section 25(2)(c) or (2A) of this Act to whether it is in the interests of justice that the applicant should receive legal aid shall be construed as a reference to whether it would have been in the interests of justice that the deceased should have received legal aid.

Back to top

Legal aid in references, appeals or applications for special leave to appeal to the Judicial Committee of the Privy Council

 

25AB.[46](1)    This section shall apply to criminal legal aid in connection with

(a)  [47]any reference, appeal or application for special leave to appeal to the Supreme Court under paragraph 11, 13(a) or 33 of Schedule 6 to the Scotland Act 1998;or

(b)  any reference, appeal or application for permission to appeal to the Supreme Court under section 288ZB or 288AA of the Criminal Procedure (Scotland) Act 1995

 

(2)    Subject to regulations made under section 21(2) of this Act criminal legal aid to which this section applies shall be available on an application made to the Board if –

(a)          the Board is satisfied after consideration of the financial circumstances of the applicant that the expenses of the reference, appeal or application for special leave [48]or permission to appeal cannot be met without undue hardship to the applicant or his dependants; and

(b)          in the case of an application for special leave [49]or permissionto appeal, the Board is satisfied in all the circumstances of the case that it is in the interests of justice that the applicant should receive legal aid.

(2A)[50]  Legal aid made available to a person under subsection (2) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.

(3)    The Board may require a person receiving criminal legal aid under this section to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for him to continue to receive criminal legal aid.

(3A)[51]  The Board shall establish a procedure under which any person whose application for criminal legal aid under subsection (2) has been refused may apply to the Board for a review of his application.

(3B)[52]  The Board shall establish a procedure under which any person receiving criminal legal aid under this section which is subject to conditions by virtue of subsection (2A) may apply to the Board for a review of any such condition.

(4) [53]  Criminal legal aid shall not be available under this section in connection with a reference under paragraph 11 or 33 of Schedule 6 to the Scotland Act 1998 [54]or under section 288ZB of the Criminal Procedure (Scotland) Act 1995 where criminal legal aid was made available under section 23, 23A, 24 or 25 of this Act in connection with the proceedings in which the reference is made.

Back to top

 


 

 

1A

Inserted by the Courts Reform (Scotland) Act 2014 (asp 18) (came into force on 22 September 2014)

[1] Inserted by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9), section 47 and Schedule 5, paragraph 4 (in force from 1 October 1993), and as amended by the Crime and Punishment (Scotland) Act 1997 (c.48), section 62(1) and Schedule 1, paragraph 12(5) (in force from 20th October 1997), to the extent of substituting "designated" for "discretionary".

[2] Inserted by the Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 [S.I. 1999 No. 1042] article 3 and Schedule 1, paragraph 11(2) (in force from 6 May 1999). Reference to the Judicial Committee of the Privy Council rep laced by reference to the Supreme Court by The Constitutional Reform Act 2005.

[3] Inserted by S.S.I.2013 No. 728 (came into force on 22 April 2013)

[4] The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1997 [S.I. 1997 No. 3069] (in force from 1 January 1998) made under this subsection and as amended by (1) the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1998 [S.I. 1998 No. 969] and (2) the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1999 [S.I. 1999 No. 215] provide that criminal legal aid shall not be available in connection with the proceedings below, namely -

(a)    under section 42 of the Road Traffic Offenders Act 1988 for the removal of a disqualification;

(b)    under section 232 of the Criminal Procedure (Scotland) Act 1995 in relation to failure to comply with the requirements of a probation order;

(c)    under section 233 of the Criminal Procedure (Scotland) Act 1995 in relation to the conviction of a probationer by a court in Great Britain of an offence committed during his probation period;

(d)    under section 239(4) to (6) of the Criminal Procedure (Scotland) Act 1995 in relation to failure to comply with the requirements of a community service order;

(e)    under section 240(1) and (3) of the Criminal Procedure (Scotland) Act 1995 in relation to amendment or revocation of a community service order;

(f)    under paragraph 4 of Schedule 7 to the Criminal Procedure (Scotland) Act 1995 in relation to failure to comply with the requirements of a supervised attendance order;

(g)    under paragraph 5(1) and (3) of Schedule 7 to the Criminal Procedure (Scotland) Act 1995 in relation to amendment or revocation of a supervised attendance order;

(h)    under section 5(4) of the Proceeds of Crime (Scotland) Act 1995 in relation to an appeal against a court decision under section 5(3);

(i)    under section 6(4) of the Proceeds of Crime (Scotland) Act 1995 in relation to an appeal against a court decision under section 6(3);

(j)    under section 27 of the Proceeds of Crime (Scotland) Act 1995 in relation to an appeal against a court decision under section 25(1) or 26(1);

(k)    under section 234A(6) of the Criminal Procedure (Scotland) Act 1995 in relation to revocation or variation of a non-harassment order;

(l)    under section 234E, 234F or 234G of the Criminal Procedure (Scotland) Act 1995 in relation to the variation or revocation of a drug treatment and testing order, the review of a drug treatment and testing order, or, as the case may be, the failure to comply with any requirement of a drug treatment and testing order; and

(m)    under section 245E or 245F of the Criminal Procedure (Scotland) Act 1995 in relation to the variation or revocation of a restriction of liberty order, or, as the case may be, the failure to comply with any of the requirements of a restriction of liberty order.

(n)    before a hearing established under –

(i)    paragraph 12 or paragraph 59 of the Schedule to the Convention Rights (Compliance) (Scotland) Act 2001; or

(ii)    section 10 (2F) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

 

[5] As amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), section 74 and Schedule 8, paragraph 36(10) (in force from 30th September 1991) to the extent of substituting ",where appropriate," for "(so far as is necessary)".

[6] As amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(2) (in force from 1 April 1996) to the extent of substituting "section 307 of the Criminal Procedure (Scotland) Act 1995" for "section 462 of the Criminal Procedure (Scotland) Act 1975".

[7] As amended by the Crime and Punishment (Scotland) Act 1997 (c.48), section 62(1) and Schedule 1, paragraph 12 (6) (in force from 20th October 1997), to the extent of inserting, at the end of subsection (1), "and, in relation to paragraph (dc) above, "accused person" includes a person authorised to institute or continue an appeal under section 303A(4) of the Criminal Procedure (Scotland) Act 1995 (transfer of rights of appeal of deceased person)".

[8] As amended by section 64 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

 [9] Section 295(1) of the 1975 Act is now section 22(1) of the Criminal Procedure (Scotland) Act 1995.

 

[10] Inserted by the Criminal Justice (Scotland) Act 1995 (c.20), section 64 (in force from 31 March 1996 and applying only in relation to work done on or after 31 March 1996).  An identical provision for the insertion of paragraph (da) was made by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(3) (in force from 1 April 1996).

[11] Inserted by the Criminal Justice (Scotland) Act 1995 (c.20), section 64 (in force from 31 March 1996), and as amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(3) (in force from 1 April 1996) to the effect of substituting appropriate references to provisions of the Criminal Procedure (Scotland) Act 1995 for the corresponding provisions of the Criminal Procedure (Scotland) Act 1975.

[12] Inserted by the Criminal Justice (Scotland) Act 1995 (c.20), section 64 (in force from 31 March 1996), and as amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(3) (in force from 1 April 1996) to the effect of substituting appropriate references to provisions of the Criminal Procedure (Scotland) Act 1995 for the corresponding provisions of the Criminal Procedure (Scotland) Act 1975.

[13] Inserted by S288D of the Criminal Procedure (Scotland) Act 1995, which, in turn, was inserted into the  1995 Act by Section 2 of the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp9) (which came into force on 1 November 2002); and amended by section 10(7) of the Criminal Procedure (Amendment)(Scotland) Act 2004.

[13A] Inserted by The Domestic Abuse (Scotland) Act 2018 (Commencement and Transitional Provision) Regulations 2018 (in force from 1 April 2019)

[14] Inserted by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (in force from 10 December 2007)

[15] Sections 255 and 452B of the 1975 Act are now respectively sections 119 and 185 of the Criminal Procedure (Scotland) Act 1995.

[16] 23(1)(a) repealed by section 64 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[17] Section 396(2) of the 1975 Act is now section 214(2) of the Criminal Procedure (Scotland) Act 1995.

[18] As amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(4) (in force from 1 April 1996) to the extent of substituting "section 204(4)(b) of the Criminal Procedure (Scotland) Act 1995" for "section 41(2)(b) of the Criminal Justice (Scotland) Act 1980".

[19] 23(2)(a) repealed by section 64 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[20] 23A inserted by section 64 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[21] Amended by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[22] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[23] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[24] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[25] Amended by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[26] As amended by the Criminal Justice (Scotland) Act 1995 (c.20), section 65(1) to (5) (in force from 26 September 1995) to the extent of inserting ", other disposal" and "other than an appeal in relation to which section 22(1)(dc) of this Act applies.".  An amendment in the same terms was made by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(5) (in force from 1 April 1996).

[27] As amended by the Criminal Justice (Scotland) Act 1995 (c.20), section 117(2) and Schedule 7, Part I (in force from 26 September 1995) to the extent of repealing the words "the Board is satisfied" where they occurred after the words "on an application made to the Board if".

[28] As amended by the Criminal Justice (Scotland) Act 1995 (c.20), section 65(3) (in force from 26 September 1995) to the extent of inserting "the Board is satisfied".  An amendment in the same terms was made by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(6) (in force from 1 April 1996).

[29] Paragraphs (b) and (c) as substituted by the Criminal Justice (Scotland) Act 1995 (c.20), section 65(3) (in force from 26 September 1995) in place of the original paragraph (b), and as amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(6) (in force from 1 April 1996) to the effect of substituting appropriate references to provisions of the Criminal Procedure (Scotland) Act 1995 for the corresponding provisions of the Criminal Procedures (Scotland) Act 1975, with other minor amendments.

29A Substituted by the Courts Reform (Scotland) Act 2014 (asp 18) (came into force on 22 September 2014)

29B Inserted by the Courts Reform (Scotland) Act 2014 (asp 18) (came into force on 22 September 2014)

[30] Paragraphs (b) and (c) as substituted by the Criminal Justice (Scotland) Act 1995 (c.20), section 65(3) (in force from 26 September 1995) in place of the original paragraph (b), and as amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(6) (in force from 1 April 1996) to the effect of substituting appropriate references to provisions of the Criminal Procedure (Scotland) Act 1995 for the corresponding provisions of the Criminal Procedures (Scotland) Act 1975, with other minor amendments.

[31] As inserted by the Criminal Justice (Scotland) Act 1995 (c.20), section 65(4) (in force from 26 September 1995).  An identical provision for the insertion of subsection (2A) was made by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(7) (in force from 1 April 1996).

31A

Inserted by the Courts Reform (Scotland) Act 2014 (asp 18) (came into force on 22 September 2014)

[32] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

32A

Inserted by the Courts Reform (Scotland) Act 2014 (asp 18) (came into force on 22 September 2014)

[33] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[34] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[35] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[36] Amended by section 64 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[37] Subsections (5) to (7) as substituted by the Criminal Justice (Scotland) Act 1995 (c.20), section 65(5) (in force from 26 September 1995) in place of the original subsection (5), and as amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(8) (in force from 1 April 1996) to the extent of substituting appropriate references to provisions of the Criminal Procedure (Scotland) Act 1995 for the corresponding provisions of the Criminal Procedure (Scotland) Act 1975, with other minor amendments.

37A

Substituted by the Courts Reform (Scotland) Act 2014 (asp 18) (came into force on 22 September 2014)

37B

Inserted by the Courts Reform (Scotland) Act 2014 (asp 18) (came into force on 22 September 2014)

37C

Inserted by the Courts Reform (Scotland) Act 2014 (asp 18) (came into force on 22 September 2014)

37D

Inserted by the Courts Reform (Scotland) Act 2014 (asp 18) (came into force on 22 September 2014)

[38] Subsections (5) to (7) as substituted by the Criminal Justice (Scotland) Act 1995 (c.20), section 65(5) (in force from 26 September 1995) in place of the original subsection (5), and as amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(8) (in force from 1 April 1996) to the extent of substituting appropriate references to provisions of the Criminal Procedure (Scotland) Act 1995 for the corresponding provisions of the Criminal Procedure (Scotland) Act 1975, with other minor amendments.

[39] Subsections (5) to (7) as substituted by the Criminal Justice (Scotland) Act 1995 (c.20), section 65(5) (in force from 26 September 1995) in place of the original subsection (5), and as amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 63(8) (in force from 1 April 1996) to the extent of substituting appropriate references to provisions of the Criminal Procedure (Scotland) Act 1995 for the corresponding provisions of the Criminal Procedure (Scotland) Act 1975, with other minor amendments.

[40] As amended by the Access to Justice Act 1999 (c.22), section 34 (in force from 27 September 1999) to the extent of substituting "Scottish Criminal Cases Review Commission under section 194B" for "Secretary of State under section 124".

[41] Inserted by the Crime and Punishment (Scotland) Act 1997 (c.48), section 62(1) and Schedule 1, paragraph 12(7) (in force from 1 August 1997).

[42] As amended by the Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 [S.I. 1999 No. 1042] article 3 and Schedule 1, paragraph 11(3)(a) (in force from 6 May 1999) to the extent of substituting "sections 25 and 25AB of this Act apply" for "section 25 of this Act applies".

[43] As amended by the Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 [S.I. 1999 No. 1042] article 3 and Schedule 1, paragraph 11(3)(b) (in force from 6 May 1999) to the extent of inserting "or section 25AB".

[44] As amended by the Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 [S.I. 1999 No. 1042] article 3 and Schedule 1, paragraph 11(3)(c) (in force from 6 May 1999) to the extent of inserting "or section 25AB".

[45] As amended by the Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 [S.I. 1999 No. 1042] article 3 and Schedule 1, paragraph 11(3)(d) (in force from 6 May 1999) to the extent of substituting "sections 25(2)(a) and 25AB(2)" for "section 25(2)(a) ".

[46] Inserted by the Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 [S.I. 1999 No. 1042] article 3 and Schedule 1, paragraph 11(4) (in force from 6 May 1999); and amended by section 73 of the Legal Profession and Legal Aid (Scotland) Act 2007 [2007 asp 5], commenced by S.S.I. 2007 No. 57 (Commencement No. 1 Order 2007) in force from 8 February 2007.  Reference to the Judicial Committee of the Privy Council replaced by reference to the Supreme Court, by the Constitutional Reform Act 2005.

[47] Substituted by S.I.2013 No. 728 (came into force on 22 April 2013)

[48] Inserted by S.I.2013 No. 728 (came into force on 22 April 2013)

[49] Inserted by S.I.2013 No. 728 (came into force on 22 April 2013)

[50] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[51] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[52] Inserted by section 65 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010

[53] Inserted by section 73 of the Legal Profession and Legal Aid (Scotland) Act 2007 [2007 asp 5] and commenced by S.S.I. 2007 No. 57 (Commencement No. 1 Order 2007) in force from 8 February 2007.  Amended by section 64 of the Legal Profession and Legal Aid (Scotland) Act 2007, in force from 25 November 2010.

[54] Inserted by S.S.I.2013 No. 728 (came into force on 22 April 2013)

 


Back to legislation handbook contents page