Legal Aid (Scotland) Act 1986

21 Scope and nature of criminal legal aid

(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 ;

(ii) the sheriff;

(iii) the district court; and

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

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 (so far as necessary) by counsel;

(b) by a solicitor at any identification parade held, by or on behalf of the prosecutor (within the meaning of section 462 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975), 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.