Legal Aid And Advice Citation and commencement 1 1 These Regulations may be cited as the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 and, except for regulation 3, come into force on 6th June 2011. 2 Regulation 3 comes into force on 4th July 2011. Interpretation 2 1 In these Regulations “ the Act ” means the Legal Aid (Scotland) Act 1986. 2 The criminal legal aid to be provided by a solicitor arranged by the Board pursuant to regulations 5 to 7 includes attending upon, advising and acting for the assisted person in relation to any— a preliminary plea to the competency or relevancy of the petition or complaint; b plea in bar of trial; c mental health proof. Duty solicitors: advice for suspects 3 In the circumstances where the Board has arranged, in accordance with section 31(8) of the Act, that a solicitor is to be available for the purpose of providing advice and assistance to any person to whom section 32 (right to have a solicitor present) of the Criminal Justice (Scotland) Act 2016 , paragraph 16(6) of schedule 8 of the Terrorism Act 2000 (entitlement to consult a solicitor), ... paragraph 37(6) of schedule 3 of the Counter-Terrorism and Border Security Act 2019 (entitlement to consult a solicitor) , or paragraph 15(6) of schedule 6 of the National Security Act 2023 (entitlement to consult a solicitor) applies— a section 31(1) of the Act does not apply; and b the advice and assistance referred to must only be provided by the solicitor so made available. Duty solicitors: representation at identification parades 4 1 The Board is to arrange for a solicitor to be available for the purpose of providing criminal legal aid to any person at any identification parade to which section 21(4)(b) of the Act applies. 2 Paragraph (1) does not apply in relation to a person for whom the Board is to arrange for a solicitor to be available in pursuance of regulation 5. Duty solicitors: persons charged with murder, attempted murder or culpable homicide 5 The Board is to arrange for a solicitor to be available for the purpose of providing criminal legal aid to any person who has been taken into custody on a charge of murder, attempted murder or culpable homicide until that person is admitted to bail or committed until liberated in due course of law. Duty solicitors: persons prosecuted under solemn procedure 6 1 The Board is to arrange for a solicitor to be available for the purpose of providing criminal legal aid to any person to whom paragraph (2) applies, from the day the person is first brought before a sheriff for examination until the person is admitted to bail or committed until liberated in due course of law. 2 This paragraph applies to a person who— a is being prosecuted under solemn procedure (except on a charge of murder, attempted murder or culpable homicide); and b is in custody. Duty solicitors: persons prosecuted under summary procedure 7 1 Subject to paragraph (6), the Board is to arrange for a solicitor to be available for the purpose of providing criminal legal aid to a person to whom paragraph (2) applies (“the accused”), from the day the accused is first brought before a court to answer to any complaint until— a the conclusion of the first diet at which the accused is called upon to plead if, at that diet, the accused tenders a plea of not guilty and following that diet does not make an application for liberation; b any application for liberation made following the first diet at which the accused is called upon to plead has been dealt with; c the conclusion of the proceedings against the accused if, at the first diet at which the accused is called upon to plead, the accused tenders a plea of guilty. 2 This paragraph applies to a person who— a is being prosecuted under summary procedure; and b either— i is in custody and does not have an appointed solicitor available immediately (either in person or through the services of another solicitor under paragraph (5A) ) to provide assistance by way of representation under regulation 6A of the Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 2003 ; or ii has been liberated under section 22(1)(a) of the Criminal Procedure (Scotland) Act 1995 (liberation by police on undertaking to appear). 3 In this regulation an “appointed solicitor” is a solicitor who— a is instructed directly by the accused; and b either— i the solicitor has (or has had) a solicitor and client relationship with the accused that is demonstrable, to the satisfaction of the Board, by reference to circumstances apart from those relating solely to the appearance; or ii the solicitor is connected with a firm and another solicitor connected with that firm has (or has had) such a relationship with the accused . 4 For the purposes of paragraph (3), the solicitors employed by the Board under section 28A of the Act are to be deemed to be connected with the same firm. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A Representation by an appointed solicitor may be effected, from the appearance from custody onwards, through the services of another solicitor where— a the other solicitor is expressly authorised to act by the appointed solicitor or by a solicitor connected with the appointed solicitor’s firm; and b the other solicitor’s services are required because the appointed solicitor cannot attend personally due to— i illness or incapacity; ii the arising, after instruction in relation to the appearance, of a professional obligation to act in person in another case that is to call elsewhere at or around the same time; or iii another good reason. 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The Board is not to arrange for a solicitor to be available in pursuance of paragraph (1) in relation to proceedings before a court which has been designated as a drug court by the sheriff principal. 7 Where the Board has arranged for a solicitor to be available pursuant to paragraph (1), for the purpose specified in that paragraph— a section 31(1) of the Act shall not apply; and b no solicitor, other than the solicitor so made available, shall provide criminal legal aid or assistance by way of representation to the accused. 8 Paragraph (7) does not apply in relation to— a proceedings before a court which has been designated as a youth court or a domestic abuse court by the sheriff principal; b persons to whom paragraph (2)(b)(ii) applies. Revocation of regulation 5 of the Criminal Legal Aid (Scotland) Regulations 1996 8 Regulation 5 of the Criminal Legal Aid (Scotland) Regulations 1996 (duty solicitors) is revoked. KENNY MACASKILL A member of the Scottish Executive St Andrew's House, Edinburgh