348.Section 115 introduces schedule 5 of the Act, which contains modifications of certain enactments. The various modifications are explained below.
349.Paragraph 1 of schedule 5 amends the Legal Aid (Scotland) Act 1986 so that criminal legal aid will be available for proceedings in the Sexual Offences Court, including where a solicitor has been appointed to conduct the case on the accused’s behalf under section 92 of this Act.
350.Paragraph 2 of the schedule amends the Judiciary and Courts (Scotland) Act 2008 so that the Lord President’s responsibility as head of the Scottish judiciary extends to the Sexual Offences Court. In addition, the definition of “judicial office holder” in section 43 of that Act is amended so that it includes Judges of the Sexual Offences Court and section 62 is amended so that the duty on the SCTS to provide support extends to providing support to the President of the Sexual Offences Court.
351.The Courts Reform (Scotland) Act 2014 is amended by paragraph 3 of the schedule so that proceedings under section 106D of the Criminal Justice (Scotland) Act 2016 (proceedings to dispense with anonymity in relation to child victims) are “civil proceedings” for the purposes of section 44 of the 2014 Act, as a result of which they will be proceedings that it will be competent for a summary sheriff to preside over.
Crown Application Part 13 – Final Provisions Section 115 – modification of enactments