Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1985

JurisdictionUK Non-devolved
CitationSI 1985/1880

1985 No. 1880

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1985

4thDecember 1985

5thDecember 1985

1stJanuary 1986

The Lord Chancellor, in exercise of the powers conferred on him by section 20(1) of the Legal Aid Act 1974(a) and section 1 of the Legal Aid Act 1982(b), and with the concurrence of the Treasury, hereby makes the following Regulations:

Citation and Commencement

1. These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1985 and shall come into operation on 1st January 1986.

Interpretation

2. In these Regulations, unless the context otherwise requires:

"the 1974 Act" means the Legal Aid Act 1974;

"advice" and "assistance" mean respectively advice and assistance under the 1974 Act;

"arrestable offence" has the meaning given to it by section 24 of the Police and Criminal Evidence Act 1984(c);

"duty period" means any period of 24 hours during which a duty solicitor holds himself available to give advice and assistance under a rota drawn up in accordance with the terms of a scheme;

"duty solicitor" means any solicitor, and any representative of a solicitor, who provides advice and assistance in accordance with the terms of a scheme;

"own solicitor" means a solicitor who gives advice and assistance to a person arrested and held in custody or to a volunteer otherwise than as a duty solicitor;

"remuneration" means any sum payable to a duty solicitor or an own solicitor under these Regulations;

(a) 1974 c.4.

(b) 1982 c.44; section 1 was amended by the Police and Criminal Evidence Act 1984 (c.60), section 59.

(c) 1984 c.60.

"scheme" means a scheme made under section 15 of the 1974 Act and section 1 of the Legal Aid Act 1982 which provides for the making of arrangements in accordance with which advice and assistance is provided by duty solicitors to persons who are arrested and held in custody or who are volunteers;

"serious service offence" means an offence under any of the Army Act 1955(a), the Air Force Act 1955(b) or the Naval Discipline Act 1957(c) which cannot be dealt with summarily or which appears to an interviewing service policeman to be serious;

"unsocial hours" means between the hours of 6.00 pm and 9.00 am on any weekday and any time on a Saturday, Sunday or bank holiday;

"upper limit" means the limit of £90 prescribed by the Legal Advice and Assistance (Prospective Costs) Regulations...

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