Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill

 

Outcome: W

A Bill to make provision for persons being questioned by the police on suspicion of having committed an offence to have a right of access to legal assistance; to enable provision to be made for criminal advice and assistance under the Legal Aid (Scotland) Act 1986 to be available for such persons in certain circumstances without reference to financial limits; to extend the period during which a person may be detained under section 14 of the Criminal Procedure (Scotland) Act 1995, and to enable that period to be further extended in certain circumstances; to provide for a right to make representations in relation to applications for extension of time limits for bringing appeals; to provide a time limit for lodging bills of suspension or advocation; to make provision about the grounds for references made to the High Court by the Scottish Criminal Cases Review Commission and to confer power on the High Court to reject such references in certain circumstances; and for connected purposes.

Current Status of the Bill

The Bill received Royal Assent on 29 October 2010.

Introduction of the Bill

This Executive Bill was introduced by Kenny MacAskill MSP on 26 October 2010.

Emergency Bill procedure

The Parliament agreed that the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill should be treated as an Emergency Bill at the meeting of the Parliament on 27 October 2010.

An Emergency Bill is an Executive Bill that needs to be enacted more rapidly than the normal timetable allows, for example to amend the law in response to a recent court judgement which has exposed a loophole or problem of interpretation in an existing enactment. An Emergency Bill must first be introduced as an Executive Bill and then be converted to an Emergency Bill by the Parliament, on a motion by a Minister (or junior Minister).

Rule 9.21.2 of Standing Orders provides that Stages 1 to 3 of an Emergency Bill are taken on the same day unless the Parliament agrees to a motion by the Bureau proposing an alternative timescale. The Bureau is required to propose, by motion, a timetable for the various stages. Stage 2 of an Emergency Bill must be taken by a Committee of the Whole Parliament.

Stage 1

Stages 1, 2 and 3

All Stages of the Bill were taken on 27 October 2010 (due to the Bill being treated as an Emergency Bill).

Stage 2

Chamber Proceedings (27 October 2010)

A Marshalled List and groupings were produced for this Bill at Stage 2.

Stage 3

A Marshalled List was produced for this Bill at Stage 3.

The Bill passed Stages 1, 2 and 3 on 27 October 2010.

Royal Assent

The Bill received Royal Assent on 29 October 2010.

Passage of the Bill: