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Change 1
As published
8A Criminal 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
(a) the financial limits in section 8 ; or—
(b) the criteria mentioned in section 9A(2).
(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 subsections (1) and (1A), “relevant client” means a client who is
(a) a person to whom section 32 (right to have solicitor present) of the Criminal Justice (Scotland) Act 2016 applies
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Your change, as a redline
8A Criminal 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
(a) the financial limits in section 8 ; or—
(b) the criteria mentioned in section 9A(2).
(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 subsections (1) and (1A), “relevant client” means a client who is
(a) a person to whom section 32 (right to have solicitor present) of the Criminal Justice (Scotland) Act 2016 applies
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
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