{ "url": "https://openlegislation.uk/criminal-defence-service-general-no-2-regulations-2001/regulation-5", "json_url": "https://openlegislation.uk/criminal-defence-service-general-no-2-regulations-2001/regulation-5.json", "legislation": "uksi/2001/1437", "legislation_title": "The Criminal Defence Service (General) (No. 2) Regulations 2001", "legislation_url": "https://openlegislation.uk/criminal-defence-service-general-no-2-regulations-2001", "path": "regulation/5", "kind": "regulation", "number": "5", "heading": "Advice and assistance—financial eligibility", "text": "(1) The following advice and assistance may be granted without reference to the financial resources of the individual:\n(a) all advice and assistance provided to an individual who is arrested and held in custody at a police station or other premises;\n(b) all advocacy assistance before a magistrates' court or the Crown Court;\n(c) all advice and assistance provided by a court duty solicitor in accordance with his contract with the Commission;\n(d) all advice and assistance provided to a volunteer during his period of voluntary attendance; and\n(e) all advice and assistance provided to an individual being interviewed in connection with a serious service offence.\n(2) For the purposes of paragraph (1), a serious service offence is an offence under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 which cannot be dealt with summarily.\n(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.\n(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.\n(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.\n(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.\n(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.\n(8) The following are qualifying benefits for the purposes of paragraph (7):\n(a) income support;\n(b) income-based jobseeker’s allowance;\n(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 has been determined at not more than £70 per week; and\n(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.\n(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).", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "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)." }, { "type": "footnote", "label": "f2", "text": "1955 c. 19." }, { "type": "footnote", "label": "f3", "text": "1957 c. 53." }, { "type": "footnote", "label": "f4", "text": "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)." } ], "outstanding_effects": [ { "type": "am (with transtl provns)", "affecting": "uksi/2007/780", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2007" }, { "type": "words substituted", "affecting": "uksi/2009/2054", "affecting_title": "The Armed Forces Act 2006 (Consequential Amendments) Order 2009" }, { "type": "am", "affecting": "uksi/2006/1437", "affecting_title": null }, { "type": "rev in pt", "affecting": "uksi/2006/2490", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2006" }, { "type": "am (with transtl provns)", "affecting": "uksi/2008/725", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2008" }, { "type": "word omitted", "affecting": "uksi/2008/1879", "affecting_title": "The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008" }, { "type": "inserted", "affecting": "uksi/2008/1879", "affecting_title": "The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008" }, { "type": "rev in pt", "affecting": "uksi/2003/2378", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2003" }, { "type": "am", "affecting": "uksi/2003/644", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2003" }, { "type": "word omitted", "affecting": "uksi/2013/630", "affecting_title": "The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013" }, { "type": "inserted", "affecting": "uksi/2013/630", "affecting_title": "The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013" }, { "type": "words inserted", "affecting": "uksi/2016/708", "affecting_title": "The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016" }, { "type": "words inserted", "affecting": "uksi/2016/708", "affecting_title": "The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016" }, { "type": "am", "affecting": "uksi/2003/2378", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2003" }, { "type": "am", "affecting": "uksi/2005/2784", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2005" }, { "type": "words substituted", "affecting": "uksi/2008/1879", "affecting_title": "The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008" }, { "type": "rev in pt", "affecting": "uksi/2002/2785", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2002" }, { "type": "am", "affecting": "uksi/2002/2785", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2002" }, { "type": "am", "affecting": "uksi/2002/712", "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2002" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/uksi/2001/1437/regulation/5", "retrieved_at": "2026-10-29T07:50:46.904947+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }