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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(f)
provision about the circumstances in which a determination may or
must be withdrawn,
(g)
provision requiring information and documents to be provided,
(h)
provision requiring individuals who are the subject of a determination
to be informed of the reasons for making or withdrawing the
5
determination, and
(i)
provision for giving information to individuals who do not qualify for
civil legal services under this Part about alternative ways of obtaining
or funding civil legal services.
(4)
The circumstances specified in reliance on subsection (3)(f) may, in particular,
10
relate to whether the individual who is the subject of the determination has
complied with requirements imposed by or under this Part.
(5)
Regulations under subsection (2) must make provision establishing
procedures for the review of determinations under sections 8 and 9 and of the
withdrawal of such determinations.
15
(6)
Regulations under subsection (2) may make provision for appeals to a court,
tribunal or other person against such determinations and against the
withdrawal of such determinations.
Criminal legal aid
12
Advice and assistance for individuals in custody
20
(1)
Initial advice and initial assistance are to be available under this Part to an
individual who is arrested and held in custody at a police station or other
premises if the Director has determined that the individual qualifies for such
advice and assistance in accordance with this Part (and has not withdrawn the
determination).
25
(2)
The Director must make a determination under this section having regard, in
particular, to the interests of justice.
(3)
Regulations may require the Director to make a determination under this
section in accordance with—
(a)
section 20 (financial resources) and regulations under that section, and
30
(b)
criteria set out in the regulations.
(4)
A determination under this section must specify the type of advice or
assistance (or both) to be available under this Part.
(5)
Regulations may make provision about the making and withdrawal of
determinations under this section.
35
(6)
Regulations under subsection (5) may, in particular, include—
(a)
provision about the form and content of determinations and
applications for determinations,
(b)
provision permitting or requiring applications and determinations to
be made and withdrawn in writing, by telephone or by other
40
prescribed means,
(c)
provision setting time limits for applications and determinations,
(d)
provision for a determination to be disregarded for the purposes of this
Part if made in response to an application that is made otherwise than
in accordance with the regulations,
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Legal Aid, Sentencing and Punishment of Offenders Bill
Part 1 — Legal aid
9

(e)
provision about conditions which must be satisfied by an applicant
before a determination is made,
(f)
provision about the circumstances in which a determination may or
must be withdrawn,
(g)
provision requiring information and documents to be provided, and
5
(h)
provision requiring individuals who are the subject of a determination
to be informed of the reasons for making or withdrawing the
determination.
(7)
The circumstances prescribed under subsection (6)(f) may, in particular, relate
to whether the individual who is the subject of the determination has complied
10
with requirements imposed by or under this Part.
(8)
For the purposes of this section, in relation to an individual who is in custody—
“initial advice” means advice as to how the law in relation to a matter
relevant to the person’s arrest applies in particular circumstances and
as to the steps that might be taken having regard to how it applies;
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“initial assistance” means assistance in taking any of those steps which the
individual might reasonably take while in custody.
(9)
The Lord Chancellor may by regulations provide that prescribed advice or
assistance is not initial advice or initial assistance for the purposes of this
section.
20
13
Criminal proceedings
In this Part “criminal proceedings” means—
(a)
proceedings before a court for dealing with an individual accused of an
offence,
(b)
proceedings before a court for dealing with an individual convicted of
25
an offence, including proceedings in respect of a sentence or order,
(c)
proceedings for dealing with an individual under the Extradition Act
2003,
(d)
proceedings for binding an individual over to keep the peace or to be
of good behaviour under section 115 of the Magistrates’ Courts Act
30
1980 and for dealing with an individual who fails to comply with an
order under that section,
(e)
proceedings on an appeal brought by an individual under section 44A
of the Criminal Appeal Act 1968 (appeal in case of death of appellant),
(f)
proceedings on a reference under section 36 of the Criminal Justice Act
35
1972 on a point of law following the acquittal of an individual on
indictment,
(g)
proceedings for contempt committed, or alleged to have been
committed, by an individual in the face of a court, and
(h)
such other proceedings, before any court, tribunal or other body, as
40
may be prescribed.
14
Advice and assistance for criminal proceedings
(1)
Regulations may provide that prescribed advice and assistance is to be
available under this Part to an individual described in subsection (2) if—
(a)
prescribed conditions are met, and
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Legal Aid, Sentencing and Punishment of Offenders Bill
Part 1 — Legal aid
10

(b)
the Director has determined that the individual qualifies for such
advice and assistance in accordance with the regulations (and has not
withdrawn the determination).
(2)
Those individuals are—
(a)
individuals who are involved in investigations which may lead to
5
criminal proceedings (other than individuals arrested and held in
custody at a police station or other premises),
(b)
individuals who are before a court or other body in criminal
proceedings, and
(c)
individuals who have been the subject of criminal proceedings.
10
(3)
When making the regulations, the Lord Chancellor must have regard, in
particular, to the interests of justice.
(4)
The regulations must require the Director to make determinations under the
regulations having regard, in particular, to the interests of justice.
(5)
The regulations may require the Director to make such determinations in
15
accordance with—
(a)
section 20 (financial resources) and regulations under that section, and
(b)
criteria set out in the regulations.
(6)
The regulations may make provision about the making and withdrawal of
determinations under the regulations.
20
(7)
The regulations may, in particular, include—
(a)
provision about the form and content of determinations and
applications for determinations,
(b)
provision permitting or requiring applications and determinations to
be made and withdrawn in writing, by telephone or by other
25
prescribed means,
(c)
provision setting time limits for applications and determinations,
(d)
provision for a determination to be disregarded for the purposes of this
Part if made in response to an application that is made otherwise than
in accordance with the regulations,
30
(e)
provision about conditions which must be satisfied by an applicant
before a determination is made,
(f)
provision about the circumstances in which a determination may or
must be withdrawn,
(g)
provision requiring information and documents to be provided, and
35
(h)
provision requiring individuals who are the subject of a determination
to be informed of the reasons for making or withdrawing the
determination.
(8)
The circumstances prescribed under subsection (7)(f) may, in particular, relate
to whether the individual who is the subject of the determination has complied
40
with requirements imposed by or under this Part.
(9)
The regulations may provide for review of, or appeals to a court or other
person against, a decision by the Director—
(a)
that the interests of justice do not require advice or assistance to be
made available to an individual under the regulations, or
45
(b)
that criteria prescribed under subsection (5)(b) are not met.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 1 — Legal aid
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(10)
In this section “assistance” includes, in particular, assistance in the form of
advocacy.
15
Representation for criminal proceedings
(1)
Representation for the purposes of criminal proceedings is to be available
under this Part to an individual if—
5
(a)
the individual is a specified individual in relation to the proceedings,
and
(b)
the relevant authority has determined that the individual qualifies for
such representation in accordance with this Part (and has not
withdrawn the determination).
10
(2)
Representation for the purposes of criminal proceedings is to be available
under this Part to an individual if—
(a)
the proceedings involve the individual resisting an appeal to the
Crown Court otherwise than in an official capacity, and
(b)
the relevant authority has determined that the individual qualifies for
15
such representation in accordance with this Part (and has not
withdrawn the determination).
(3)
Where an individual qualifies under this Part for representation for the
purposes of criminal proceedings (“the principal proceedings”), representation
is also to be available to the individual for the purposes of—
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(a)
any related bail proceedings, and
(b)
any preliminary or incidental proceedings.
(4)
Regulations may—
(a)
make provision specifying whether proceedings are or are not to be
regarded as preliminary or incidental for the purposes of subsection (3),
25
and
(b)
make provision for exceptions from subsection (3).
(5)
Regulations under subsection (4)(b) may, in particular, make exceptions for
proceedings taking place more than a prescribed period of time before or after
the principal proceedings.
30
(6)
In this section—
“the relevant authority”, in relation to a specified individual and criminal
proceedings, means the person who is authorised by or under section
17, 18 or 19 to determine (provisionally or otherwise) whether the
individual qualifies under this Part for representation for the purposes
35
of the proceedings;
“specified individual” means—
(a)
in relation to criminal proceedings mentioned in any of
paragraphs (a) to (g) of section 13, an individual mentioned in
that paragraph in relation to those proceedings, and
40
(b)
in relation to criminal proceedings prescribed by regulations
under section 13(h), a description of individual specified in the
regulations in relation to those proceedings.