Modifications etc. (not altering text)
C1Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5
C2Pt. II applied (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/179), regs. 3-5 (as amended (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2); (26.1.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/13) regs. 1, 2(2); (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2); (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 6(3))
(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
[F2(a)]the financial limits in section 8 [F3; or—]
[F3(b)the criteria mentioned in section 9A(2)].
[F4(1A)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 [F5 subsections (1) and (1A)], “relevant client” means a client who is
[F6(a)] a person to whom [F7section 32 (right to have solicitor present) of the Criminal Justice (Scotland) Act 2016] applies
F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(d)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.]]
Textual Amendments
F1S. 8A inserted (30.10.2010) by Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15), ss. 2(3), 9
F2Words in s. 8A(1) renumbered as s. 8A(1)(a) (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(4)(a), 25(2); S.S.I. 2013/262, art. 2
F3S. 8A(1)(b) and word inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(4)(b), 25(2); S.S.I. 2013/262, art. 2
F4S. 8A(1A) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 17(a), 25(2); S.S.I. 2013/262, art. 2
F5Words in s. 8A(2) substituted (11.10.2013) by virtue of Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 17(b), 25(2); S.S.I. 2013/262, art. 2
F6 Words in s. 8A(2) renumbered as s. 8A(2)(a) (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), arts. 1(2), 3(a)
F7Words in s. 8A(2)(a) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 35; S.S.I. 2017/345, art. 3, sch. (with art. 4)
F8S. 8A(2)(b)(c) repealed (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(2)(b), 13(1) (with art. 13(2)(3))
F9S. 8A(2)(d)(e) inserted (12.2.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(f), Sch. 4 para. 19