The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1997

S.I. 1997 No. 3069 (S. 196)

Made: 23 December 1997
Coming into force: 1 January 1998

 

As amended to take account of:

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1998 [S.I. 1998 No. 969 (S.52)] coming into force on 6 April 1998;

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1999 [S.I. No. 215 (S.12)] coming into force on 16 February 1999

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 2001 [S.S.I. 2001 No. 381] and

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 2006 [S.S.I. 2006 No. 616].

 

The Secretary of State, in exercise of the powers conferred on him by section 21(2) of the Legal Aid (Scotland) Act 1986 and of all other powers enabling him in that behalf, hereby makes the following Regulations of which a draft has, in accordance with section 37(2) of that Act, been laid before, and approved by resolution of, each House of Parliament:

Citatio, commencement and interpretation

  1. (1)  These Regulations may be cited as the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1997 and shall come into force on 1 January 1998.

(2)  In these Regulations, unless the context otherwise requires, “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.

Revocation

  1. The Regulations specified in the Schedule to these Regulations are hereby revoked.

Proceedings in which criminal legal aid shall not be available

  1. Criminal legal aid shall not be available in connection with proceedings –

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

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

c) under section 233 of the 1995 Act 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 1995 Act in relation to failure to comply with the requirements of a community service order;

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

f) under paragraph 4 of Schedule 7 to the 1995 Act 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 1995 Act 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) [1]under section 234A(6) of the 1995 Act in relation to revocation or variation of a non-harassment order;

l) [2]under section 234E, 234F or 234G of the 1995 Act 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;

m) [3]under section 245E or 245F of the 1995 Act 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)[4]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; and

o)[5]under section 57 or 58 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 in relation to the variation or termination of a football banning order made under section 51 of that Act.

4. Paragraphs (b), (c), (d), (e), (f), (g), (l) and (m) of regulation 3 shall not apply where the proceedings described in those paragraphs take place before a court which has been designated as a drug court by the sheriff principal.

 

Henry McLeish

Minister of State,

Scottish Office

St Andrew’s House, Edinburgh

23 December 1997

 

SCHEDULE

REGULATIONS REVOKED

Regulation 2

 

Title

 

Reference

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1994 S.I. 1994/1001
The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1995 S.I. 1995/1222
The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1996 S.I. 1996/1009

 

[1]Inserted by S.I. 1998 No. 969 (in force from 6 April 1998).

[2] Inserted by S.I. 1999 No. 215 (in force from 16 February 1999).

[3] Inserted by S.I. 1999 No. 215 (in force from 16 February 1999).

[4] Inserted by S.S.I. 2001 No. 381 (in force from 15 October 2001).

[5] Inserted by S.S.I. 2006 No. 616 (in force from 21 December 2006).