The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1988

• Citation: S.I. 1988/1390
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1988 and shall come into force on 1st August 1988.

Section 2 Interpretation

In these Regulations, “the principal Regulations ” means the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1987 .

Section 3 Amendment of principal Regulations

At the end of regulation 3 of the principal Regulations there shall be inserted the following:—

and appeals to the Sheriff under the Mental Health (Scotland) Act 1984

Section 4 Amendment of principal Regulations

In regulation 4 of the principal Regulations—

(a) in paragraph (b) the words “the Act of Adjournal (References to the European Court) 1973” shall be deleted and there shall be substituted the words “rule 113 of the Act of Adjournal (Consolidation) 1988”

(b) the word “and” at the end of paragraph (b) shall be deleted and a semi-colon shall be substituted for the full stop at the end of paragraph (c);

(c) there shall be inserted after paragraph (c) the following paragraphs:—

(d) at any diet at which the court is considering the accused’s plea of guilty to the charges and where there has been no change of plea, and thereafter until final disposal of the case;

(e) at any diet at which the court is considering the accused’s changed plea of guilty to the charges, provided that the accused has intimated in writing his intention to change his plea to one of guilty to the prosecutor within 14 days of the diet at which the plea of not guilty was tendered, and where no application for criminal legal aid has been made, and thereafter until final disposal of the case; and

(f) at any diet where the judge orders a proof in mitigation, and thereafter until final disposal of the case.