§ Ms Roseanna CunninghamTo ask the Secretary of State for Scotland how many actions were raised under(a) section 5(4) in relation to an appeal against a court decision under section 5(3) and (b) section 6(4) in relation 624W to an appeal against a court decision under section 6(3) of the Proceeds of Crime (Scotland) Act 1995 in the last year for which figures are available; and in how many cases legal aid was available. [19729]
§ Mr. McLeish[holding answer 9 December 1997]: Although no central record is kept of applications brought under sections 5(3) or 6(3), or of appeals under sections 5(4) or 6(4) of the Proceeds of Crime (Scotland) Act 1995, I understand from the Lord Advocate that he is not aware of any applications or appeals having been made under section 5 of the Act, and that in relation to section 6, he is aware of only three applications and one appeal.
Information is not available on which of these cases received legal aid. However, where a third party was involved legal aid covering representation would not have been available to them. That anomaly is however being resolved through regulations which have recently been laid before the House.