204 Restrictions on passing sentence of imprisonment or detention
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

Imprisonment, etc

204  Restrictions on passing sentence of imprisonment or detention

(1)     A court shall not pass a sentence of imprisonment or of detention in respect of any offence, nor impose imprisonment, or detention, under section 214(2) of this Act in respect of failure to pay a fine, on an accused who is not legally represented in that court and has not been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom [or [or, where the court passing sentence considers appropriate, by a court in any] member State of the European Union], unless the accused either—

(a)     applied for legal aid and the application was refused on the ground that he was not financially eligible; or

(b)     having been informed of his right to apply for legal aid, and having had the opportunity, failed to do so.

(2)     A court shall not pass a sentence of imprisonment on a person of or over twenty-one years of age who has not been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom [or [or, where the court passing sentence considers appropriate, by a court in any] member State

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