Legal Aid in Criminal Proceedings (General) Regulations 1968
| Jurisdiction | UK Non-devolved |
| Citation | SI 1968/1231 |
1968 No. 1231
LEGAL AID AND ADVICE, ENGLAND
The Legal Aid in Criminal Proceedings (General) Regulations 196831stJuly 1968
9thAugust 1968
1stOctober 1968
ARRANGEMENT OF REGULATIONS
1. Proceedings in a magistrates' court.
2. Proceedings in a court of assize or quarter sessions.
3. Proceedings in the House of Lords or Court of Appeal.
4. Statement of means.
5. General powers to make legal aid order.
6. Legal aid orders.
7. Exclusion of solicitors and counsel.
8. Assignment of solicitor.
9. Selection of counsel.
10. Assignment of counsel only.
11. Assignment of counsel for House of Lords and Court of Appeal.
12. Commencement of legal aid order.
13. Assignment of two counsel.
14. Assignment of one solicitor or counsel to more than one legally assisted person.
15. Documents.
16. Notes of evidence and depositions.
17. Transfer of documents.
18. Payments on account of contributions.
19. Delivery of contribution orders.
20. Assessment of contribution as proportion of taxed costs.
21. Reference to Supplementary Benefits Commission.
22. Forms and procedure of Supplementary Benefits Commission.
23. Variation of contribution orders.
24. Stay of enforcement of contribution orders.
25. Refund of payments on account.
26. Disposal of sums received from legally assisted persons after conviction.
27. Recovery of costs.
28. Enforcement of orders for payment of costs.
29. Notification of fund into which costs are to be paid.
30. Legal aid records.
31. Interpretation.
32. Determination in private and in absence of legally assisted person.
33. Forms.
34. Citation and commencement.
SCHEDULE—Forms.
Form 1 Application for legal aid (magistrates' court)
Form 2 Application for legal aid (assizes or quarter sessions)
Form 3 Notice of application for legal aid in Court of Appeal
Form 3A Notice of application for legal aid in the House of Lords
Form 4 Statement of means
Form 5 Statement of means of person financially responsible for applicant.
Form 6 Legal aid order.
Form 7 Order amending legal aid order.
Form 8 Order revoking legal aid order.
Form 9 Contribution order.
Form 10 Reference to Supplementary Benefits Commission.
Form 11 Variation or revocation of contribution order.
In pursuance of the powers conferred upon me by section 83 of the Criminal Justice Act 1967(a), I hereby make the following Regulations:—
Proceedings in a magistrates' court
1.—(1) An application for a legal aid order in respect of proceedings in a magistrates' court under section 73(2) of the Act (magistrates' court proceedings) may be made to the justices' clerk in Form 1 in the Schedule to these Regulations.
(2) An application for a legal aid order may be made orally to the court.
(3) A legal aid order shall not be made until the court, a justice of the peace or the justices' clerk has considered the statement of means of the applicant.
(4) Subject to the provisions of this Regulation, the powers of the court to determine an application for a legal aid order may be exercised by the justices' clerk or a justice of the peace to whom the clerk has referred the application.
(5) Where an application for a legal aid order is made orally to the court, the court may refer it to the justices' clerk for determination.
(6) The justices' clerk considering an application for a legal aid order shall—
(a) make an order; or
(b) refuse to make an order unless the applicant first makes a payment on account of any contribution towards costs which he may be liable to pay; or
(c) refer the application to the court or a justice of the peace.
(a) 1967 c. 80.
(7) Where the justices' clerk refuses to make a legal aid order unless the applicant first makes a payment on account of any contribution towards costs which he may be liable to pay, the applicant shall be entitled, on request, to have the application determined by the court or a justice of the peace, as the clerk thinks fit.
(8) Where the court or a justice of the peace determines an application for a legal aid order by refusing to make a legal aid order, the justices' clerk shall not make a legal aid order except where the court or justice of the peace refused to make a legal aid order unless the applicant first made a payment as aforesaid and such payment is made.
(9) In this Regulation the expression "justice of the peace" means a justice of the peace who is entitled to sit as a member of the magistrates' court and "legal aid order" means a legal aid order within the meaning of paragraph (1) of this Regulation.
Proceedings in a court of assize or quarter sessions
2.—(1) An application for a legal aid order under section 73(3) or (4) of the Act (proceedings in a court of assize or quarter sessions) may be made in Form 2 in the Schedule to these Regulations to—
(a) the clerk of assize or clerk of the peace, as the case may be, or
(b) in the case of an appeal to quarter sessions, the justices' clerk.
(2) An application for a legal aid order may be made orally to the court of assize or quarter sessions, or to the magistrates' court at the conclusion of the proceedings in that court.
(3)(a) An application for a legal aid order under section 73(8) of the Act (retrial) may be made in Form 2 in the Schedule to these Regulations to the clerk of assize or clerk of the peace, as the case may be.
(b) An application for such an order may be made orally to the Court of Appeal or the House of Lords, as the case may be, immediately after the decision of the court.
(4) A legal aid order shall not be made until the court, a judge of the court, the proper officer of the court or, where the application is made to the magistrates' court or justices' clerk, a justice of the peace has considered the statement of means of the applicant.
(5) Subject to the provisions of this Regulation, the powers of the court to determine an application for a legal aid order may be exercised by a judge of the court, the proper officer of the court, or, where the application is made to the magistrates' court or justices' clerk, a justice of the peace.
(6) Where an application for a legal aid order is made orally to the court, the court may refer it to the proper officer of the court for determination.
(7) The proper officer of the court considering an application for a legal aid order shall—
(a) make an order; or
(b) refuse to make an order unless the applicant first makes a payment on account of any contribution towards costs which he may be liable to pay; or
(c) except where the proper officer of the court is a justices' clerk, refer the application to a judge of the court, or, if he is, to the magistrates' court or a justice of the peace.
(8) Where the proper officer of the court refuses to make a legal aid order unless the applicant first makes a payment on account of any contribution towards costs which he may be liable to pay, the applicant shall be entitled, on request, to have the application determined by a judge of the court or, if the proper officer of the court is a justices' clerk, the magistrates' court or a justice of the peace, as the justices' clerk thinks fit.
(9) Where the court or a judge of the court or a justice of the peace determines an application for a legal aid order by refusing to make a legal aid order, the proper officer of the court shall not make a legal aid order except where the court, judge or justice refused to make a legal aid order unless the applicant first made a payment as aforesaid and such payment is made.
(10) In this Regulation the expression "magistrates' court" means the court which committed or convicted the applicant, "justice of the peace" means a justice of the peace who is entitled to sit as a member of the magistrates' court, "justices' clerk" means the clerk to the magistrates' court, and "legal aid order" means a legal aid order within the meaning of paragraph (1) or (3) of this Regulation, as the case may be.
Proceedings in the House of Lords or Court of Appeal
3.—(1) Notice of application for a legal aid order under section 73(5) of the Act (appeal to the Court of Appeal) may be given in Form 3, and under section 73(7) of the Act (appeal to the House of Lords) may be given in Form 3A, in the Schedule to these Regulations and in either case may be given to the Registrar.
(2) An application for a legal aid order may be made orally to the Court of Appeal, a judge of the court or the Registrar.
(3) A legal aid order shall not be made until—
(a) a notice of appeal or application for leave to appeal to the Court of Appeal or the House of Lords, as the case may be, has been given, and
(b) the Court of Appeal, a judge of the court or the Registrar has considered the statement of means of the applicant for legal aid.
(4) Subject to the provisions of this Regulation, the powers of the Court of Appeal to determine an application for a legal aid order may be exercised by a judge of the court or the Registrar.
(5) Where an application for a legal aid order is made orally to the Court of Appeal, the court may refer it to a judge of the court or the Registrar for determination; and where such an application is made orally to a judge of the court, he may refer it to the Registrar for determination.
(6) The Registrar considering an application for a legal aid order shall—
(a) make an order; or
(b) refuse to make an order unless the applicant first makes a payment on account of any contribution towards costs which he may be liable to pay; or
(c) refer the application to the Court of Appeal or a judge of the court.
(7) Where the Registrar refuses to make a legal aid order unless the applicant first makes a payment on account of any contribution towards costs which he may be liable to pay, the applicant shall be entitled, on request, to have the application determined by a judge of the court.
(8) Where a judge of the court refuses to make a legal aid order or refuses unless the applicant first makes a payment as aforesaid, the applicant shall be entitled, on request, to have the application...
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