The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2004

Made: 10th February 2004

Laid before the Scottish Parliament: 10th February 2004

Coming into force: 11th March 2004

The Scottish Ministers, in exercise of the powers conferred by sections 33 and 41A of the Legal Aid (Scotland) Act 1986[^f00001] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2004 and shall come into force on 11th March 2004.

Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

2

The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00002] shall be amended in accordance with the following Regulations.

3

In regulation 2–

• (a) in paragraph (1) (interpretation)–

• (i) after the definition of “assisted person” insert–

• “continued diet” means a diet which takes place on a separate date from the diet at which a victim statement is laid before the court;

• (ii) after the definition of “excluded proceedings” insert–

• “proof in mitigation” includes those diets where a proof in mitigation takes place at the same time as a proof of a victim statement;

and

• (iii) at the end insert

• “victim statement” means a statement made for the purposes of section 14 of the Criminal Justice (Scotland) Act 2003[^f00003]

• (b) for paragraph (3) substitute–

(3) For the purposes of these Regulations, a trial, proof in mitigation or proof of a victim statement shall be taken to commence when the first witness is sworn.

[^f00004].

4

For Part 1 of Schedule 1 substitute the provisions set out in the Schedule to these Regulations.

SCHEDULE — PROVISIONS SUBSTITUTED FOR THE TABLE SET OUT IN PART 1 OF SCHEDULE 1 OF THE CRIMINAL LEGAL AID (FIXED PAYMENTS) (SCOTLAND) REGULATIONS 1999

Signed

HUGH HENRY — Authorised to sign by the Scottish Ministers — 10th February 2004

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 to provide fixed payments in respect of work done in connection with consideration by a prescribed sheriff court of a victim statement produced in terms of section 14 of the Criminal Justice (Scotland) Act 2003. The prescribed sheriff courts which can consider victim statements are Ayr, Edinburgh and Kilmarnock in terms of the Victim Statements (Prescribed Courts) (Scotland) Order 2003.

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 1999/491, as amended by S.I. 1999/1820 and S.S.I. 1999/48, 2001/307 and 2002/247 and 442.

[^f00003]: 2003 asp 7.

[^f00004]: Regulation 2(3) was inserted by S.S.I. 1999/48.