C1C2Part IIAdvice and Assistance

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5

8AF1Criminal 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

F5a

the financial limits in section 8 F6; or—

F6b

the criteria mentioned in section 9A(2).

F31A

Regulations under subsection (1) may also provide that, in such circumstances as may be prescribed in the regulations, section 11(2) is not to apply in respect of advice and assistance made available to a relevant client.

2

In F4 subsections (1) and (1A), “relevant client” means a client who is

F2a

a person to whom F8section 32 (right to have solicitor present) of the Criminal Justice (Scotland) Act 2016 applies

F7b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9d

a person who is detained under section 41 of, or Schedule 7 to, the Terrorism Act 2000, or

e

a person who is detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.