Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1994

JurisdictionUK Non-devolved
CitationSI 1994/3136

1994 No. 3136

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1994

Made 8th December 1994

Laid before Parliament 9th December 1994

Coming into force 1st January 1995

The Lord Chancellor, in exercise of the powers conferred on him by sections 2, 34 and 43 of the Legal Aid Act 19881, hereby makes the following Regulations:—

These Regulations may be cited as the Legal Aid in Criminal and...
S-1 These Regulations may be cited as the Legal Aid in Criminal and...

1. These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1994 and shall come into force on 1st January 1995.

In these Regulations a regulation or Schedule referred to by...
S-2 In these Regulations a regulation or Schedule referred to by...

2. In these Regulations a regulation or Schedule referred to by number alone means a regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 19892.

Amendment of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Amendment of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

S-3 For regulation 48 there shall be substituted the following:— 48...

3. For regulation 48 there shall be substituted the following:—

S-48

Assignment of Queen’s Counsel or more than one counsel

48.—(1) A legal aid order may provide for the services of a Queen’s Counsel or of more than one counsel in respect of the whole or any specified part of any proceedings only in the cases specified and in the manner provided for by the following paragraphs of this regulation.

(2) The cases specified for the purposes of this regulation are trials in the Crown Court or proceedings in the Court of Appeal or the House of Lords—

(a)

(a) on a charge of murder;

(b)

(b) where it appears to the court making the order that the case is one of exceptional difficulty, gravity or complexity and that a legal aid order for the provision of services in the terms provided for by paragraph (3)(a) or (b) of this regulation is required in the interests of justice; or

(c)

(c) where the prosecution is being brought by the Serious Fraud Office.

(3) Subject to paragraphs (4) to (9), a legal aid order may provide for the services of a Queen’s Counsel or of more than one counsel in any of the following terms—

(a)

(a) a Queen’s Counsel alone;

(b)

(b) where two counsel are required—

(i) a Queen’s Counsel with a junior counsel, or

(ii) a Queen’s Counsel with a noting junior counsel, or

(iii) two junior counsel, or

(iv) a junior counsel with a noting junior counsel.

(4) In proceedings to which paragraph (2)(c) applies, a court making a legal order may, if it considers that three counsel are required, provide for the services of three counsel in any of the terms provided for in paragraph (3)(b) plus an extra junior counsel or noting junior counsel.

(5) The fact that a Queen’s Counsel has been or is proposed to be assigned under this regulation shall not by itself by a reason for making an order in any of the terms provided for by paragraph (3)(b) or (4).

(6) Where a Queen’s Counsel has been or is proposed to be assigned under this regulation, no order in any of the terms provided for by paragraph (3)(b) or (4) shall be made where it appears to the court at the time of making the order that—

(a)

(a) there is reasonable certainty that the indictment will be disposed of by a guilty plea and there are no special circumstances requiring the provision of the services of more than one counsel, or

(b)

(b) the case relates to an appeal to the Court of Appeal or to the House of Lords and representation can properly be undertaken by a Queen’s Counsel alone.

(7) Unless the court to which the application is made otherwise directs, every application for a legal aid order in any of the terms provided for by paragraph (3) or (4) or for an amendment under paragraph (10) or (11) shall be in writing specifying—

(a)

(a) the terms of the order sought and the grounds of the application; and

(b)

(b) if the order sought is for the provision of services in any terms provided for by...

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