Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 1 — Legal aid
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(a)
any property recovered or preserved by the individual in proceedings,
or in any compromise or settlement of a dispute, in connection with
which the services were provided (whether the property is recovered or
preserved for the individual or another person), and
(b)
any costs payable to the individual by another person in connection
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with such proceedings or such a dispute.
(2)
Those amounts are—
(a)
amounts expended by the Lord Chancellor in securing the provision of
the services (except to the extent that they are recovered by other
means), and
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(b)
other amounts payable by the individual in connection with the
services under section 22 or 23.
(3)
Regulations may make provision for exceptions from subsection (1).
(4)
Regulations may make provision about the charge under subsection (1)
including, in particular—
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(a)
provision as to whether the charge is in favour of the Lord Chancellor
or a person by whom the services were made available, and
(b)
provision about its enforcement.
(5)
Regulations under subsection (4)(b) may, in particular, include—
(a)
provision requiring amounts recovered by the individual in
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proceedings or as part of a compromise or settlement of a dispute, and
costs payable to the individual, to be paid to the Lord Chancellor or a
person by whom the services were made available,
(b)
provision about the time and manner in which the amounts must be
paid,
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(c)
provision about what the Lord Chancellor or the person by whom the
services were made available must do with the amounts,
(d)
provision for the payment of interest on all or part of the amounts,
(e)
provision for the payment to the individual concerned of any amount
in excess of the amounts described in subsection (2), and
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(f)
provision for the enforcement of requirements described in paragraph
(a).
(6)
Regulations under this section may include provision requiring information
and documents to be provided.
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Costs in civil proceedings
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(1)
Costs ordered against an individual in relevant civil proceedings must not
exceed the amount (if any) which it is reasonable for the individual to pay
having regard to all the circumstances, including—
(a)
the financial resources of all of the parties to the proceedings, and
(b)
their conduct in connection with the dispute to which the proceedings
40
relate.
(2)
In subsection (1) “relevant civil proceedings”, in relation to an individual,
means—
(a)
proceedings for the purposes of which civil legal services are made
available for the individual under this Part, or
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(b)
if such services are made available for the individual under this Part for
the purposes of only part of proceedings, that part of the proceedings.
(3)
Regulations may make provision for exceptions from subsection (1).
(4)
In assessing for the purposes of subsection (1) the financial resources of an
individual for whom civil legal services are made available, the following must
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not be taken into account, except so far as prescribed—
(a)
the individual’s clothes and household furniture, and
(b)
the implements of the individual’s trade.
(5)
Subject to subsections (1) to (4), regulations may make provision about costs in
relation to proceedings for the purposes of which civil legal services are made
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available under this Part.
(6)
Regulations under subsection (5) may, in particular, make provision—
(a)
specifying the principles to be applied in determining the amount of
any costs which may be awarded against a party for whom civil legal
services are made available under this Part,
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(b)
limiting the circumstances in which, or the extent to which, an order for
costs may be enforced against such a party,
(c)
as to the cases in which, and the extent to which, such a party may be
required to give security for costs and the manner in which it is to be
given,
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(d)
requiring the payment by the Lord Chancellor of the whole or part of
any costs incurred by a party for whom civil legal services are not made
available under this Part,
(e)
specifying the principles to be applied in determining the amount of
costs which may be awarded to a party for whom civil legal services are
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made available under this Part,
(f)
as to the court, tribunal or other person by whom the amount of any
costs is to be determined, and
(g)
as to the extent to which any determination of that amount is to be final.
(7)
Regulations under this section may include provision requiring information
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and documents to be provided.
Providers of services etc
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Choice of provider of services etc
(1)
The Lord Chancellor’s duty under section 1(1) does not include a duty to
secure that, where services are made available to an individual under this Part,
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they are made available by the means selected by the individual.
(2)
The Lord Chancellor may discharge that duty, in particular, by arranging for
the services to be provided by telephone or by other electronic means.
(3)
The Lord Chancellor’s duty under section 1(1) does not include a duty to
secure that, where services are made available to an individual under this Part,
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they are made available by a person selected by the individual, subject to
subsections (4) to (10).
(4)
An individual who qualifies under this Part for representation for the purposes
of criminal proceedings by virtue of a determination under section 15 may

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select any representative or representatives willing to act for the individual,
subject to regulations under subsection (6).
(5)
Where an individual exercises that right, representation by the selected
representative or representatives is to be available under this Part for the
purposes of the proceedings.
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(6)
Regulations may provide that in prescribed circumstances—
(a)
the right conferred by subsection (4) is not to apply in cases of
prescribed descriptions,
(b)
an individual who has been provided with advice or assistance in
accordance with section 12 or regulations under section 14 by a person
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selected by the individual is to be taken to have selected that person
under subsection (4),
(c)
the right conferred by subsection (4) is not to include a right to select a
representative of a prescribed description,
(d)
that right is to select only a representative located in a prescribed area
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or of a prescribed description,
(e)
that right is to select not more than a prescribed number of
representatives to act at any one time, and
(f)
that right is not to include a right to select a representative in place of a
representative previously selected.
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(7)
Regulations under subsection (6)(b) may prescribe circumstances in which an
individual is to be taken to have selected a person to provide advice or
assistance.
(8)
Regulations may provide that in prescribed circumstances the Lord Chancellor
is not required to make available representation for an individual by a
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prescribed representative.
(9)
Provision made under subsection (8) does not prejudice any right of the
individual to select another representative.
(10)
The circumstances which may be prescribed under this section include that a
determination has been made by a prescribed person.
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Position of providers of services
(1)
The fact that services provided for an individual are or could be provided
under arrangements made for the purposes of this Part does not affect—
(a)
the relationship between the individual and the person by whom the
services are provided,
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(b)
any privilege arising out of that relationship, or
(c)
any right which the individual may have to be indemnified by another
person in respect of expenses incurred by the individual,

except to the extent that regulations provide otherwise.
(2)
A person who provides services under arrangements made for the purposes of
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this Part must not take any payment in respect of the services apart from—
(a)
payment made in accordance with the arrangements, and
(b)
payment authorised by the Lord Chancellor to be taken.
(3)
Regulations may provide that the withdrawal of a determination that an
individual qualifies for prescribed services under this Part does not affect the
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right of any person who has provided such services to the individual under

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arrangements made for the purposes of this Part to remuneration for work
done before the date of the withdrawal.
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Code of conduct
(1)
The Lord Chancellor must publish a code of conduct to be observed by the
following persons when providing services to an individual under
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arrangements made for the purposes of this Part—
(a)
civil servants, and
(b)
employees of a body established and maintained by the Lord
Chancellor.
(2)
The code must include—
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(a)
duties to avoid discrimination,
(b)
duties to protect the interests of the individuals for whom services are
provided,
(c)
duties to courts and tribunals,
(d)
duties to avoid conflicts of interest,
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(e)
duties of confidentiality, and
(f)
duties on persons who are members of a professional body to comply
with the rules of the body.
(3)
The Lord Chancellor must lay the code, and any revision of the code, before
Parliament.
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(4)
The persons described in subsection (1)(a) and (b) are not subject to the
direction of the Lord Chancellor when providing services to an individual
under arrangements made for the purposes of this Part.
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Position of other parties, courts and tribunals
(1)
Except as expressly provided by regulations, any rights conferred by or under
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this Part on an individual for whom services are provided under this Part for
the purposes of proceedings does not affect—
(a)
the rights or liabilities of other parties to the proceedings, or
(b)
the principles on which the discretion of a court or tribunal is normally
exercised.
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(2)
Regulations may make provision about the procedure of a court or tribunal in
relation to services made available under this Part.
(3)
Regulations under subsection (2) may, in particular, authorise the exercise of
the functions of a court or tribunal by—
(a)
a member or officer of that court or tribunal, or
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(b)
another court or tribunal.
Supplementary
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Legal aid for legal persons
Schedule 3 (legal aid for legal persons) has effect.