# The Criminal Defence Service (General) Regulations 2001, Regulation 3: Criminal proceedings


(1) For the purposes of this regulation, “the 1998 Act” means the Crime and Disorder Act 1998.
(2) The following proceedings are criminal proceedings for the purposes of section 12(2)(g) of the Act:
(a) civil proceedings in a magistrates' court arising from failure to pay a sum due or to obey an order of that court where such failure carries the risk of imprisonment;
(b) proceedings under sections 1, 2 and 4 of the 1998 Act relating to anti-social behaviour orders or sex offender orders;
(c) proceedings under section 8(1)(b) of the 1998 Act relating to parenting orders made where an anti-social behaviour order or a sex offender order is made in respect of a child;
(d) proceedings under section 8(1)(c) of the 1998 Act relating to parenting orders made on the conviction of a child;
(e) proceedings under section 9(5) of the 1998 Act to discharge or vary a parenting order made as mentioned in sub-paragraph (c) or (d);
(f) proceedings under section 10 of the 1998 Act to appeal against a parenting order made as mentioned in sub-paragraph (c) or (d); and
(g) proceedings under sections 14B, 14D, 14G, 14H, 21B and 21D of the Football Spectators Act 1989 (banning orders and references to a court).
(3) Proceedings:
(a) in the Crown Court, following committal for sentence by a magistrates' court;
(b) to quash an acquittal under the Criminal Procedure and Investigations Act 1996; and
(c) for confiscation and forfeiture in connection with criminal proceedings under RSC Order 115 in Schedule 1 to the Civil Procedure Rules 1998
are to be regarded as incidental to the criminal proceedings from which they arise.
(4) Applications for judicial review or habeas corpus relating to any criminal investigations or proceedings are not to be regarded as incidental to such criminal investigations or proceedings.

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Source: https://www.legislation.gov.uk/uksi/2001/1144/regulation/3 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-general-regulations-2001/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.