The Advice and Assistance (Limits, Conditions and Representation) (Scotland) Regulations 2008
| Jurisdiction | Scotland |
| Citation | SSI 2008/251 |
2008 No. 251
LEGAL AID AND ADVICE
The Advice and Assistance (Limits, Conditions and Representation) (Scotland) Regulations 2008
Made 6th June 2008
Coming into force 30th June 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9, 11(2) and 36(2)(b)1of the Legal Aid (Scotland) Act 19862and all other powers enabling them to do so.
In accordance with section 37(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. These Regulations may be cited as the Advice and Assistance (Limits, Conditions and Representation) (Scotland) Regulations 2008 and come into force on 30th June 2008.
Financial limit
2.—(1) The Advice and Assistance (Financial Limit) (Scotland) Regulations 19933are amended as follows.
(2) In regulation 3–
(a)
(a) in paragraph (a), omit sub paragraph (ii) and the “and” immediately preceding it;
(b)
(b) in paragraph (b), omit sub paragraph (iii) and the “and” immediately preceding it;
(c)
(c) after paragraph (b) insert–
“(c)
“(c) in other cases–
(i) where the advice and assistance relates to a criminal matter as regards which a summary complaint has been served, the sum of £90;
(ii) where the advice and assistance relates to a criminal matter as regards which a fixed penalty, compensation or work offer has been made under section 302, 302A or 303ZA of the Criminal Procedure (Scotland) Act 19954, and the offer or any resulting measure occurring under that section is to be challenged (including by non-acceptance of the offer or by disputing whether the offer has been accepted), the sum of £90;
(iii) where the advice and assistance relates to any other summary criminal matter, the sum of £35;
(iv) where in relation to criminal proceedings before a stipendiary magistrate, or the sheriff sitting summarily, the assistance by way of representation is as described in regulation 6(1) or (2) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 20035, or regulation 6A of those Regulations otherwise than in connection with a plea of not guilty, the sum of £550;
(v) where in relation to criminal proceedings in the justice of the peace court (other than before a stipendiary magistrate) the assistance by way of representation is as described as referred to in sub paragraph (iv) above, the sum of £185;
(vi) where the assistance by way of representation relates to any other summary criminal matter, the sum of £90;
(vii) where the advice and assistance or assistance by way of representation relates to a solemn criminal matter, the sum of £90;
(viii) despite sub paragraphs (vi) and (vii), where the assistance by way of representation involves a second or subsequent diet that has been ordered by the court, the sum of £165;
(ix) where the assistance by way of representation relates to Parole Board proceedings, the sum of £165.”.
(3) In regulation 4, sub paragraphs (i) and (iii) of paragraph (a) and the “or” immediately following each of them are revoked.
Financial conditions
3. In regulation 7 of the Advice and Assistance (Financial Conditions) (Scotland) Regulations 20086–
(a) in paragraph (1), omit “by way of a diagnostic interview and the work undertaken is made up solely of a diagnostic interview”;
(b) after paragraph (1) insert–
“1A In relation to a criminal matter, the reference in paragraph (1) above to advice and assistance is reference to advice and assistance to which the sum specified in paragraph 3(c)(iii) of the Advice and Assistance (Financial Limit) (Scotland) Regulations 19937applies.
1B In relation to a civil matter, the reference in paragraph (1) above to advice and assistance is reference to advice and assistance by way of a diagnostic interview where the work undertaken is made up solely of a diagnostic interview.”;
(c) in paragraph (2)–
(i) after “apply” insert “in relation to a civil matter”;
(ii) for “a matter” substitute “the matter”.
Assistance by way of representation
4.—(1) The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 20038are amended as follows.
(2) In regulation 6–
(a)
(a) after paragraph (1)(b) insert–
“(ba)
“(ba) at any diet to which the case has been adjourned under section 145 of the 1995 Act;”;
(b)
(b) in...
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