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Legal Aid (Scotland) Act 1986
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- UK Public General Acts
- 1986 c. 47
- Part IV
- Section 21
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Changes to legislation:
Legal Aid (Scotland) Act 1986, Section 21 is up to date with all changes known to be in force on or before 12 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(2)(aba) (abb) inserted by 2007 asp 5 s. 75(2)
- s. 4(2)(aba) word substituted by S.S.I. 2011/235 art. 5(2)(a) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(abb) word substituted by S.S.I. 2011/235 art. 5(2)(b) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(ba) inserted by 2007 asp 5 s. 70(1)
- s. 4(3)(ca) (cb) inserted by 2007 asp 5 s. 75(3)
- s. 9A 9B inserted by 2013 asp 3 s. 18(2)
- s. 10(1A) (1B) inserted by 2007 asp 5 s. 69(3)
- s. 12C and cross-heading inserted by 2007 asp 5 s. 70(2)
- s. 17(2C)-(2I) inserted by 2007 asp 5 s. 75(4)
- s. 17(2DA)(2DB) s. 17(2C)(2D) renumbered as s. 17(2DA)(2DB) by S.S.I. 2011/235 art. 5(3) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 25AA(5)-(9) inserted by 2013 asp 3 s. 21
- s. 25AC 25AD inserted by 2013 asp 3 s. 20
21 Scope and nature of criminal legal aid.S
(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;
[F1(ia)the Sheriff Appeal Court;]
(ii)the sheriff;
(iii)the district court;
[F2(aa)any case the referral of which is required, under section 2(6) of the Prisoners and Criminal Proceedings (Scotland) Act 1993, by a [F3designated] life prisoner;]
and,
(b)any reference in connection with such proceedings under [F4Article 267 of the Treaty on the Functioning of the European Union],
F5[(c)any reference, appeal or application for special leave to appeal to the [F6Supreme Court] under paragraph 11 or 13(a) of Schedule 6 to the Scotland Act 1998]
[F7(d) 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)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)by a solicitor and [F8, where appropriate,] by counsel;
(b)by a solicitor at any identification parade held, by or on behalf of the prosecutor (within the meaning of [F9section 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.
Textual Amendments
F1S. 21(1)(a)(ia) inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 14(2); S.S.I. 2015/247, art. 2, sch.
F2S. 21(1)(aa) inserted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 4 (with Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).
F3Word in s. 21(1)(aa) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(5); S.I. 1997/2323, art. 3, Sch. 1
F4Words in s. 21(1)(b) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F5S. 21(1)(c) inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 11(2)
F6Words in s. 21(1)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 85(2); S.I. 2009/1604 {art. 2(d)}
F7S. 21(1)(d) inserted (22.4.2013) by The Scotland Act 2012 (Consequential Provisions) Order 2013 (S.I. 2013/728), arts. 1, 2(2)
F8Words in s. 21(4) substituted (30.9.1991) by Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1)(2), Sch. 8 para. 36(10); S.I. 1991/2151, art. 3,Sch.
F9Words in s. 21(4) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 63(2)
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