Criminal Defence Service Act 2006
Criminal Defence Service Act 2006
2006 Chapter 9
An Act to make provision about representation funded as part of the Criminal Defence Service.
[30th March 2006]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Grant of rights to representation
(1) Schedule 3 to the Access to Justice Act 1999 (c. 22)
(grant of right to representation in respect of criminal proceedings) is amended as mentioned in subsections (2) to (7).
(2) In paragraph 2 (grant of right by court), in sub-paragraph (1) (power of court to grant right in respect of proceedings before it), for ‘except in such circumstances as may be prescribed’ there is substituted ‘subject to sub-paragraph (1A)’.
(3) In that paragraph, after sub-paragraph (1) there is inserted—
‘(1A) The power under sub-paragraph (1) shall not be exercisable—
(a) in relation to proceedings in respect of which the Commission has power to grant a right to representation under paragraph 2A, unless regulations otherwise provide, or
(b) in such other circumstances as may be prescribed.
’
(4) In that paragraph, in sub-paragraph (5) (power of court to withdraw right in respect of proceedings before it), at the beginning there is inserted ‘Subject to sub-paragraph (5A),’.
(5) In that paragraph, after sub-paragraph (5) there is inserted—
‘(5A) Sub-paragraph (5) does not apply where the Commission has power to withdraw the right to representation in respect of the proceedings.
’
(6) After the heading ‘Grant of right by commission’ there is inserted—
‘2A
(1) Regulations may—
(a) provide that the Commission shall have power to grant rights to representation in respect of criminal proceedings of a prescribed description;
(b) provide that the Commission shall, except in such circumstances as may be prescribed, have power to withdraw any rights to representation granted in respect of proceedings of a description prescribed under paragraph (a).
(2) In sub-paragraph (1)(a), the reference to criminal proceedings does not include proceedings prescribed under section 12(2)(g).
(3) Regulations under sub-paragraph (1) may make such consequential amendment or repeal of any enactment, including an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), as the Lord Chancellor may consider appropriate.
’
(7) For paragraph 3(2) and (3) (which relate to the grant of rights by the Commission under paragraph 3) there is substituted—
‘3A
(1) The form of the grant of a right to representation under paragraph 2A or 3 shall be such as may be prescribed.
(2) Regulations under paragraph 2A or 3 may make such transitional provision as the Lord Chancellor may consider appropriate.
’
(8) In section 25(9) of that Act (regulations subject to affirmative resolution procedure), for ‘paragraph 4 of Schedule 3’ there is substituted ‘paragraph 2A or 4 of Schedule 3’.
(9) In paragraph 11 of Schedule 1 to that Act (funding of Legal Services Commission's costs relating to administration etc.), in sub-paragraph (1) (duty of Lord Chancellor to make payments in respect of certain costs) for ‘and’ at the end of paragraph (a) there is substituted—
‘(aa) the exercise by the Commission of functions in relation to the Criminal Defence Service other than the funding of services, and
’.
2 Rights to representation: financial eligibility
(1) Schedule 3 to the Access to Justice Act 1999 (c. 22)
is amended as mentioned in subsections (2) to (4).
(2) After paragraph 3A there is inserted—
(2)‘Financial eligibility3B
(1) Power under this Schedule to grant a right to representation may only be exercised in relation to an individual whose financial resources appear to the relevant authority to be such that, under regulations, he is eligible to be granted such a right.
(2) Power under this Schedule to withdraw a right to representation shall be exercised in relation to an individual if it appears to the relevant authority—
(a) that his financial resources are not such that, under regulations, he is eligible to be granted such a right, or
(b) that he has failed, in relation to the right, to comply with regulations under this paragraph about the furnishing of information.
(3) Regulations may make provision for exceptions from sub-paragraph (1) or (2).
(4) Regulations under this paragraph may include—
(a) provision requiring the furnishing of information;
(i) sub-paragraph (1) or (2), or
(ii) regulations under sub-paragraph (3);
(c) provision for the review of such decisions;
(d) such transitional provision as the Lord Chancellor may consider appropriate.
(5)...
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