Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010

Consolidated Text As Enacted Cited authorities (21) Cited in Amendments (15) Related
JurisdictionScotland
Citation2010 asp 15
Year2010
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    • (1) The Legal Aid (Scotland) Act 1986 (c.47) is amended as follows.(2) In section 8 (availability of advice and assistance) , after “to” in the first place where it occurs insert “ any provision made in regulations under section 8A(1) and ”.(3) After section 8, insert—
      (8A) Criminal advice and assistance: automatic availability in certain circumstances
    • “(1) The Scottish Ministers may by regulations provide that, in such circumstances as may be prescribed in the regulations, advice and assistance in relation to criminal matters is to be available for any relevant client without reference to the financial limits in section 8.
    • (2) In subsection (1) , “relevant client” means a client who is a person to whom section 15A of the Criminal Procedure (Scotland) Act 1995 (right of suspects to have access to a solicitor) applies.
    .    The Scottish Ministers may by regulations provide that, in such circumstances as may be prescribed in the regulations, advice and assistance in relation to criminal matters is to be available for any relevant client without reference to the financial limits in section 8.In subsection (1) , “relevant client” means a client who is a person to whom section 15A of the Criminal Procedure (Scotland) Act 1995 (right of suspects to have access to a solicitor) applies.(4) In section 37(2) (parliamentary procedure) , after “7,” insert “ 8A(1) , ”.
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    • (1) The 1995 Act is amended as follows.(2) In section 111 (supplementary provision about appeals in solemn cases) , after subsection (2) insert—
    • “(2A) An application under subsection (2) seeking extension of the period mentioned in section 109(1) of this Act must—
    • (a) state—
    • (i) the reasons why the applicant failed to comply with the time limit in section 109(1) , and
    • (ii) the proposed grounds of appeal, and
    the reasons why the applicant failed to comply with the time limit in section 109(1) , andthe proposed grounds of appeal, andbe intimated in writing by the applicant to the Crown Agent.If the prosecutor so requests within 7 days of receipt of intimation of the application under subsection (2A) (b) , the prosecutor must be given an opportunity to make representations before the application is determined.Any representations may be made in writing or, if the prosecutor so requests, orally at a hearing; and if a hearing is fixed, the applicant must also be given an opportunity to be heard.after subsection (2) insert—
    • “(2A) An application for a direction under subsection (1) in relation to the requirements of section 176(1) of this Act must—
    • (a) state—
    • (i) the reasons why the applicant failed to comply with the requirements of section 176(1) , and
    • (ii) the proposed grounds of appeal, and
    the reasons why the applicant failed to comply with the requirements of section 176(1) , andthe proposed grounds of appeal, andbe intimated in writing by the applicant to the respondent or the respondent's solicitor.If the respondent so requests within 7 days of receipt of intimation of the application under subsection (2A) (b) , the respondent must be given an opportunity to make representations before the application is determined.Any representations may be made in writing or, if the respondent so requests, orally at a hearing; and if a hearing is fixed, the applicant must also be given an opportunity to be heard.in

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