Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/662 |
| Year | 1998 |
1998 No. 662
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1998
Made 10th March 1998
Laid before Parliament 11th March 1998
The Lord Chancellor, in exercise of the powers conferred on him by sections 21(5), 23, 34 and 43 of the Legal Aid Act 19881, and with the consent of the Treasury, hereby makes the following Regulations—
Citation, commencement, interpretation and transitional provisions
1.—(1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1998 and shall come into force on 1st April 1998, except for regulations 16, 18 and 20 which shall come into force on 6th April 1998.
(2) In these Regulations, unless the context otherwise requires, a regulation or Schedule referred to by number means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 19892.
(3) Subject to paragraph (4), these Regulations shall apply to applications for legal aid made on or after 1st April 1998 and applications made before that date shall be treated as if these Regulations had not come into force.
(4) Regulations 16, 18 and 20 of these Regulations shall apply to applications for legal aid made on or after 6th April 1998 and applications made before that date shall be treated as if regulations 16, 18 and 20 had not come into force.
Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989
2. In regulation 3(1), in the definition of “appropriate officer”, for the words “Chief Clerk”, there shall be substituted the words “Court Manager”.
3. In regulation 4(1), after “Forms 1” there shall be inserted “, 1A”.
4. In regulation 15(1), for “paragraph (2)”, there shall be substituted “paragraphs (2) and (3)”.
5. After regulation 15(2), there shall be inserted the following—
“3 An application for review shall not lie to an area committee where the offence is one of those mentioned in Schedule 2 to the Magistrates' Courts Act 19803and by virtue of section 22 of that Act, the offence is triable only summarily.”.
6. After regulation 22(1), there shall be inserted the following—
“1A Where section 44A of the Criminal Appeal Act 19684(death of convicted person) applies and the applicant is the personal representative of the dead person, the application for legal aid shall be made to the registrar in Form 1A.”.
7.—(1) In the Arrangement of Regulations, after regulation 22, there shall be inserted the following—
“22A. Reports by the Board”.
(2) After regulation 22, there shall be inserted the following—
“Reports by the Board
22A.—(1) Where the court or the proper officer is considering an application for a legal aid order or at any time after making a legal aid order, the court or the proper officer may refer an applicant, a legally assisted person or an appropriate contributor to the Board for a report on his financial resources.
(2) Where an application is referred under paragraph (1), the Board may make a report to the court or to the proper officer on the financial resources of the person referred to it.
(3) In compiling a report under this regulation, the Board may investigate the financial resources of the person referred to it and may require him to provide further evidence of any information given in a statement of means or of any change in his financial circumstances together with such additional information as the Board may require.”.
8. After regulation 23(1), there shall be inserted the following—
“1A Where section 44A of the Criminal Appeal Act 1968 (death of convicted person) applies and the applicant is the personal representative of the dead person, the statement of means shall be in Form 1A and not in Form 5.”.
9. In regulation 26(2A), for “23 or 24(1)”, there shall be substituted “23, 24(1) or 22A(3)”.
10. In regulation 31, after the word “shall”, there shall be inserted the word “forthwith”.
11. In regulation 32(1)(a), after the word “information”, there shall be inserted the words “or a report from the Board under regulation 22A(2)”.
12. In regulation 33(a), after the word “information”, there shall be inserted the words “or a report from the Board under regulation 22A(2)”.
13. In Schedule 2—
(a) the words from “PART 1” to “Forms 2 to 16”, immediately after the heading to the Schedule, shall be omitted;
(b) after Form 1 there shall be inserted the form contained in the Schedule to these Regulations.
14. In Schedule 2, in Form 1, paragraph 5b), the following words shall be inserted before the word “and”—
“in a previous application for legal aid in this case”.
15. In Schedule 2, in Form 5, sub-paragraph 2 of paragraph 3, for—
“Children 18 and over |
□ |
Children 16 and 17 |
□ |
Children 11 to 15 |
□ |
Children under 11 |
□”, |
there shall be substituted the following—
“Children under 19 |
□ |
Date of birth for each child |
▭ |
Children and other Relatives 19 and over |
□ |
Other relatives under 19 |
□ |
Date of birth for each relative |
▭”. |
16. In Schedule 2, Part Two of Form 6 (which deals with Calculation of contribution from INCOME) shall be amended by substituting for “£49”, “£50” and, for “£50”, “£51”.
17. In Schedule 3, after paragraph 2A, there shall be inserted the following—
“2B Where section 44A of the Criminal Appeal Act...
To continue reading
Request your trial