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

JurisdictionUK Non-devolved
CitationSI 1989/344

1989No. 344

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General)

Regulations 1989

3rdMarch1989

8thMarch1989

1stApril1989

ARRANGEMENT OF REGULATIONS

PART I

General

1. Citation, commencement and application

2. Revocations

3. Interpretation

4. Forms

5. Applicants reaching the age of 16

6. Exclusion of solicitors and counsel

7. Determination in private and in absence of legally assisted person etc.

8. Legal aid records

9. Area committees and powers of Area Directors

10. General power to grant legal aid

PART II

Applications for legal aid

11. Proceedings in magistrates' courts

12. Notification of refusal of legal aid by a magistrates' court

13. Determination of contribution where legal aid is refused by a Magistrates' court

14. Renewal of application

15. Application for review

16. Procedure on application for review

17. Determination of review

18. Proceedings in the Crown Court

19. Notification of refusal of legal aid

20. Determination of contribution where legal aid is refused

21. Renewal of application

22. Proceedings in the Court of Appeal or the House of Lords

PART III

Statement of means and payment of contributions

23. Statement of means

24. Provision of information

25. Determination of contributions

26. Assessment of resources and method of determining contributions

27. Contribution orders

28. Earlier contribution orders

29. Payment of contributions

30. Method of payment of contributions

31. Change in financial circumstances

32. Determination where no contribution previously payable

33. Redetermination of contribution

34. Effect of error or mistake

35. Variation and revocation of contribution orders

36. Refusal to pay contributions

37. Termination of contribution period

38. Disposal of sums received from legally assisted persons after conviction

39. Repayment of contributions

PART IV

Legal aid orders

40. Legal aid orders

41. Withdrawal and revocation of legal aid orders

42. Notes of evidence and depositions

43. Transfer of documents

PART V

Legal representation

44. Nature of representation

45. Assignment of solicitor and selection of counsel

46. Assignment of solicitor or counsel for the Court of Appeal or the House of Lords

47. Assignment of counsel only

48. Assignment of two counsel

49. Assignment of one solicitor or counsel to more than one legally assisted person

50. Amendment of legal aid orders

51. Applications for amendment of legal aid orders etc.

52. Renewal to area committee of application for amendment of legal aid orders etc.

53. Consideration by area committee

PART VI

Authority to incur costs and restrictions on payment of legal representatives

54. Powers of area committee to authorise expenditure

55. Restriction on payment

PART VII

Care proceedings

56. Application of Parts I to VI

57. Interpretation

58. Statement of means and contributions

59. Applications for emergency orders

60. Proceedings before a juvenile court

61. Proceedings in the Crown Court

SCHEDULES

1. Regulations revoked

2. Forms

3. Determination of disposable income and disposable capital

4. Contributions

The Lord Chancellor, in exercise of the powers conferred by sections 2(5) and (7), 6, 20(8), 21, 23 to 25, 27, 28, 31, 32, 34, 43 of and paragraph 11 of Schedule 1 to the Legal Aid Act 1988 ( a) after consulting the Crown Court Rule Committee and the Magistrates' Courts Rule Committee and with the consent of the Treasury, hereby makes the following Regulations:-

PART I

GENERAL

Citation, commencement and application

1.-(1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 and shall come into force on 1st April 1989.

(2) Parts I to VI of these Regulations apply to criminal proceedings and Part VII applies to care proceedings.

Revocations

2. The Regulations specified in Schedule 1 are hereby revoked.

Interpretation

3.-(1) In these Regulations, unless the context otherwise requires,-

"the Act" means the Legal Act 1988;

"applicant" means, in relation to an application for legal aid made on behalf of a person who has not attained the age of 17 by his parent or guardian, that person and, in the case of any other application for legal aid, the person making the application;

"appropriate authority" means an officer or body authorised to determine costs under the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 ( b);

"appropriate contributor", in relation to a person who has not attained the age of 16, means-

(a) his father (or any person who has been adjudged to be his father) or his mother; or(b) his guardian;

"appropriate officer" means, in the case of the Crown Court, the Chief Clerk or an officer designated by him to act on his behalf;

"appropriate area committee" means the area committee in whose area is situated the court to which an application for or concerning a legal aid order has been made;

"area committee" and "Area Director" have the meanings assigned to them by regulation 4 of the Civil Legal Aid (General) Regulations 1989 ( c)

"Area Director" includes any person duly authorised to act on his behalf;

"contribution" means the contribution payable under section 23(1) of the Act in respect of the costs of representation;

"contribution period" means the period of 6 months commencing with the date on which the legal aid order was made;

"Court of Appeal" means the criminal division of the Court of Appeal or the Courts-Martial Appeal Court as the case may be;

(a) 1988 c.34; section 43 is an interpretation provision and is cited because of the meanings assigned to the words "prescribed" and "regulations".

(b) S.I. 1989/343.

(c) S.I. 1989/339.

"disposable capital" and "disposable income" mean the amounts of capital and income which are available for the making of a contribution after capital and income have been computed in accordance with Schedule 3;

"family credit" means family credit under the Social Security Act 1986 ( a);

"guardian" has the meaning assigned by section 87 of the Child Care Act 1980 ( b);

"income support" means income support under the Social Security Act 1986;

"judge of the court" means-

(a) in the case of the Court of Appeal, a single judge of that Court or a judge of the High Court;(b) in the case of the Crown Court, a judge of the High Court, a Circuit judge, a recorder, or an assistant recorder.

"justices' clerk" includes a person duly authorised by the justices' clerk of a magistrates' court to act on his behalf to the extent that he is so authorised;

"legal aid" means representation under Part V of the Act or representation in care proceedings, as the case may be, and

"legal aid order" means an order granting such representation;

"person concerned" means the person whose disposable income and disposable capital are to be determined or the person whose resources are to be treated as the resources of any other person under these Regulations;

"proper officer" means-

(a) in respect of proceedings in the House of Lords, the Clerk of the Parliaments;(b) in respect of proceedings in the Court of Appeal, the registrar;(c) in respect of proceedings in the Crown Court, the appropriate officer;(d) in respect of proceedings in a magistrates' court, the justices' clerk.

"registrar" means the registrar of criminal appeals or the registrar of the Courts-Martial Appeal Court, as the case may be, and includes any person duly authorised to act on his behalf to the extent that he is so authorised;

"statement of means" means a statement of means submitted in accordance with regulation 23;

(2) Unless the context otherwise requires, any reference in these Regulations to a regulation, Part or Schedule by number means the regulation, Part or Schedule so numbered in these Regulations and a form referred to by number means the form so numbered in Schedule 2.

Forms

4.-(1) The form in Part I of Schedule 2 shall be used where applicable with such variations as the circumstances of the particular case require.

(2) The forms in Part II of Schedule 2, or forms to the like effect, may be used with such variations as the circumstances may require.

Applicants reaching the age of 16

5. An applicant who attains the age of 16 after the date on which an application for legal aid is made but before the making of a legal aid order shall be treated for the purposes of these Regulations as not having attained that age.

Exclusion of solicitors and counsel

6.-(1) The proper officer of each court shall keep a list of solicitors and counsel, notified to him by the Lord Chancellor, who are for the time being excluded from legal aid work under section 47(2) of the Solicitors Act 1974 ( c) or section 42 of the Administration of Justice Act 1985 ( d).

(2) Any reference in these Regulations to solicitors or counsel shall be construed as not including any solicitor or counsel who is so excluded.

Determination in private and in absence of legally assisted person etc.

7. Where it is provided by these Regulations that any matter may be determined otherwise than by a court, it may be determined in private and in the absence of the applicant, the appropriate contributor, the person concerned or the legally assisted person as the case may be.

Legal aid records

8. The proper officer shall keep such records as the Lord Chancellor may from time to time direct of all cases in which a legal aid order was made by the court or an application for legal aid was made to it, and shall send to the Lord Chancellor such information from those records as the Lord Chancellor shall request.

Area committees and powers of Area Directors

9.-(1) Area committees and Area Directors appointed by the Board pursuant to regulation 4 of the Civil Legal Aid (General) Regulations 1989 shall exercise functions respectively delegated to them by the Board or conferred on them by these Regulations and, where an area committee is required or entitled to perform any function under these Regulations, that function may, subject to paragraph (3), be...

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