Regulation 5 Advice and assistance—financial eligibility

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 5 am (with transtl provns) by Criminal Defence Service (General) 2007 reg 2
reg. 5(2) words substituted by Armed Forces Act 2006 (Consequential Amendments) 2009 Sch. 1 para. 22
reg 5 am by uksi/2006/1437 reg 3
reg 5 rev in pt by Criminal Defence Service (General) 2006 reg 3
reg 5 am (with transtl provns) by Criminal Defence Service (General) 2008 reg 3
reg. 5(8)(d) word omitted by Employment and Support Allowance (Consequential Provisions) 2008 reg. 14(3)(a)(i)
reg. 5(8)(f) and word inserted by Employment and Support Allowance (Consequential Provisions) 2008 reg. 14(3)(a)(ii)
reg 5 rev in pt by Criminal Defence Service (General) 2003 reg 2(1)(a)
reg 5 am by Criminal Defence Service (General) 2003 regs 4–6
reg. 5(8) word omitted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2013 reg. 64
reg. 5(8)(g) and semi-colon inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2013 reg. 64
reg. 5(8)(g) words inserted by Civil and Criminal Legal Aid (Financial Eligibility and Contributions) 2016 reg. 3(2)(a)
reg. 5(9) words inserted by Civil and Criminal Legal Aid (Financial Eligibility and Contributions) 2016 reg. 3(2)(b)
reg 5 am by Criminal Defence Service (General) 2003 reg 2(1)(b), (c), (2)
reg 5 am by Criminal Defence Service (General) 2005 reg 7
reg. 5(9) words substituted by Employment and Support Allowance (Consequential Provisions) 2008 reg. 14(3)(b)
reg 5 rev in pt by Criminal Defence Service (General) 2002 reg 2(b)(i)
reg 5 am by Criminal Defence Service (General) 2002 reg 2(b)(ii)
reg 5 am by Criminal Defence Service (General) 2002 regs 3, 7

(1)

The following advice and assistance may be granted without reference to the financial resources of the individual:

(a)

all advice and assistance provided to an individual who is arrested and held in custody at a police station or other premises;

(b)

all advocacy assistance before a magistrates' court or the Crown Court;

(c)

all advice and assistance provided by a court duty solicitor in accordance with his contract with the Commission;

(d)

all advice and assistance provided to a volunteer during his period of voluntary attendance; and

(e)

all advice and assistance provided to an individual being interviewed in connection with a serious service offence.

(2)

For the purposes of paragraph (1), a serious service offence is an offence under the Army Act 1955^f1, the Air Force Act 1955^f2 or the Naval Discipline Act 1957^f3 which cannot be dealt with summarily.

(3)

Advocacy assistance may be granted to an individual regarding his treatment or discipline in prison (other than in respect of actual or contemplated proceedings regarding personal injury, death or damage to property), or where he is the subject of proceedings before the Parole Board, if his weekly disposable income does not exceed £186 and his disposable capital does not exceed £3,000.

(4)

Except where paragraph (1) applies, the Commission, or a person acting on behalf of the Commission where such function has been delegated in accordance with section 3(4) of the Act, shall determine the financial eligibility of the individual in accordance with the following paragraphs.

(5)

Except where paragraph (1) or (3) applies, an individual is eligible for advice and assistance if his weekly disposable income does not exceed £87 and his disposable capital does not exceed £1,000.

(6)

The Commission shall assess the disposable income and disposable capital of the individual and, where appropriate, of any person whose financial resources may be treated as those of the individual, in accordance with Schedule 1 to these Regulations.

(7)

Where the Commission is satisfied that any person whose disposable income is to be assessed under paragraph (6) is directly or indirectly in receipt of any qualifying benefit, it shall take that person’s disposable income as not exceeding the sum for the time being specified in paragraph (3) or (5), as appropriate.

(8)

The following are qualifying benefits for the purposes of paragraph (7):

(a)

income support;

(b)

income-based jobseeker’s allowance;

(c)

working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992^f4 has been determined at not more than £70 per week; and

(d)

disabled person’s tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 per week.

(9)

Where the Commission is satisfied that any person whose disposable capital is to be assessed in accordance with paragraph (3) is directly or indirectly in receipt of income support or income-based jobseeker’s allowance, it shall take that person’s disposable capital as not exceeding the capital sum for the time being specified in paragraph (3).

Annotations

Footnotes

f1: 1955 c. 18. This Act, together with the Air Force Act 1955 and the Naval Discipline Act 1957, was amended by the Armed Forces Discipline Act 2000 (c. 4).
f2: 1955 c. 19.
f3: 1957 c. 53.
f4: 1992 c. 4; Sections 128 and 129 were amended, respectively, by the Tax Credits Act 1999 (c. 10), section 1(2), Schedule 1, paragraphs 1 and 2(g); and sections 1(2) and 14(1) to (5) and (9), Schedule 1, paragraphs 1 and 2(h).