Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 2000

JurisdictionUK Non-devolved
CitationSI 2000/1876

2000 No. 1876

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 2000

Made 12th July 2000

Laid before Parliament 18th July 2000

Coming into force 1st September 2000

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:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 2000 and shall come into force on 1st September 2000.

Interpretation
S-2 Interpretation

Interpretation

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

48.—(1) A legal aid order may provide for the services of a Queen’s Counsel or of more than one advocate 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; and in this regulation “junior counsel” means any authorised advocate other than a Queen’s Counsel.

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

(a)

(a) a Queen’s Counsel alone;

(b)

(b) where two advocates 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;

(c)

(c) where three advocates are required—

(i) in any of the terms provided for in sub-paragraph (b) plus an extra junior counsel, or

(ii) in any of the terms provided for in sub-paragraph (b) plus an extra noting junior counsel.

(3) A legal aid order relating to proceedings in the Crown Court may be made in the terms of paragraph (2)(a) if and only if—

(a)

(a) in the opinion of the competent authority the case for the legally assisted person involves substantial novel or complex issues of law or fact which could not be adequately presented except by a Queen’s Counsel, and

(b)

(b) either—

(i) a Queen’s Counsel or senior Treasury counsel has been instructed on behalf of the prosecution, or

(ii) the case for the legally assisted person is exceptional compared with the generality of cases involving similar offences.

(4) A legal aid order relating to proceedings in the Crown Court may be made in the terms of paragraph (2)(b)(iii) or (iv) if and only if—

(a)

(a) in the opinion of the competent authority the case for the legally assisted person involves substantial novel or complex issues of law or fact which could not be adequately presented by a single advocate, and

(b)

(b) either—

(i) two or more advocates have been instructed on behalf of the prosecution, or

(ii) the case for the legally assisted person is exceptional compared with the generality of cases involving similar offences, or

(iii) the number of prosecution witnesses exceeds 80, or

(iv) the number of pages of prosecution evidence exceeds 1,000

and for this purpose the number of pages of prosecution evidence shall be computed in accordance with paragraph 1(2) of Schedule 3 to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 19893.

(5) A legal aid order relating to proceedings in the Crown Court may be made in the terms of paragraph (2)(b)(i) or (ii) if and only if—

(a)

(a) in the opinion of the competent authority the case for the legally assisted person involves substantial novel or complex issues of law or fact which could not be adequately presented except by a Queen’s Counsel assisted by junior counsel; and

(b)

(b) either

(i) the case for the legally assisted person is exceptional compared with the generality of cases involving similar offences, or

(ii) a Queen’s Counsel or senior Treasury counsel has been instructed on behalf of the prosecution and one of the conditions in paragraph (4)(b)(i), (iii) or (iv) is satisfied.

(6) A legal aid order may be made in the terms of paragraph (2)(c) if and only if—

(a)

(a) the proceedings arise from a prosecution brought by the Serious Fraud Office;

(b)

(b) the court making the order considers that three advocates are required; and

(c)

(c) in the case of proceedings in the Crown Court, the conditions in paragraph (4) or (5) are satisfied.

(7) The fact that a Queen’s Counsel has been or is proposed to be assigned under this regulation shall not by itself be a reason for making an order in any of the terms provided for by paragraph (2)(b) or (c).

(8) Where a Queen’s Counsel has been or is proposed to be assigned under this regulation, no order in any of the terms provided...

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