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

JurisdictionUK Non-devolved
CitationSI 1994/3136

1994No. 3136

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General)

(Amendment) (No. 2) Regulations 1994

8thDecember1994

9thDecember1994

1stJanuary1995

The Lord Chancellor, in exercise of the powers conferred on him by sections 2, 34 and 43 of the Legal Aid Act 1988( a), hereby makes the following Regulations:-

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.

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 1989( b).

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

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

"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) on a charge of murder;(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) 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) 1988 c.34; sections 2 and 34 were amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraphs 61 and 63. Section 43 is an interpretation provision and is cited because of the meanings assigned to the words "prescribed" and "regulations".

(b) S.I. 1989/344, as amended by S.I. 1990/489, 1991/637 and 1925, 1992/720, 1993/789 and 1895 and 1994/807.

(a) a Queen's Counsel alone;(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...

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