EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 ("the 1999 Regulations") so as to provide that-
(a) fixed payment criminal legal aid shall not apply to proceedings under section 9 of the Extradition Act 1989 or section 5 of the International Criminal Court Act 2001(regulation 3(b));
(b) the fixed payments set out in Part 1 of Schedule 1 to the 1999 regulations shall not apply to proceedings which take place before a court which has been designated as a drug court by the sheriff principal ("a drug court") (regulation 4);
(c) there shall be a fixed payment of £100 in respect of all work done up to and including the first appearance from custody, and of £50 in respect of any other appearance, of an assisted person before a court which has been designated as a drug court (regulation 5);
(d) there shall be an additional fixed payment of £100 where an assisted person appearing before the drug court is under 21 years of age and is remanded in custody (regulation 4(3)).
[1]
1986 c.47. Sections 33(3A) and 41A were inserted by the Crime and Punishment (Scotland) Act 1997 (c.48), sections 51 and 54 respectively. Section 33(3C) to (3K) and section 33(3AA) to (3AC) were inserted by the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), sections 7 and 8 respectively. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back
[2]
S.I. 1999/491, as amended by S.I. 1999/1820 and S.S.I. 1999/48.back
[3]
1989 c.33. Section 9 was amended by the Criminal Justice and Public Order Act 1994 (c. 33) and the Access to Justice Act 1999 (c.22), and S.I. 1997/1178 and 1999/1750.back
[4]
2001 c.17.back
ISBN
0 11059823 7
