{
  "url": "https://openlegislation.uk/criminal-legal-aid-general-amendment-regulations-2013/regulation-4",
  "json_url": "https://openlegislation.uk/criminal-legal-aid-general-amendment-regulations-2013/regulation-4.json",
  "legislation": "uksi/2013/2790",
  "legislation_title": "The Criminal Legal Aid (General) (Amendment) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/criminal-legal-aid-general-amendment-regulations-2013",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Amendments to the General Regulations",
  "text": "(1) Regulation 12 (prescribed conditions) of the General Regulations is amended as follows.\n(2) For paragraph (2)(d), substitute—\n“(d) require advice and assistance regarding—\n(i) the application of the provisions in Chapter 6 of Part 12 of the Criminal Justice Act 2003 or in Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, which determine when a prisoner is either entitled to be released by the Secretary of State or eligible for consideration by the Parole Board for a direction to be released; or\n(ii) the application of the provisions in Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000, which determine when an offender is entitled to be released by the Secretary of State;”.\n(3) For paragraph (2)(f) substitute—\n“(f) require advice and assistance regarding a disciplinary hearing in a prison or young offender institution where—\n(i) the proceedings involve the determination of a criminal charge for the purposes of Article 6(1) of the European Convention on Human Rights; or\n(ii) the governor has exercised the governor’s discretion to allow advice and assistance in relation to the hearing;”\n(4) In paragraph (2)(g) after “Parole Board”, insert “where the Parole Board has the power to direct that individual’s release”.\n(5) Omit paragraph (2)(h).\n(6) For paragraph (3), substitute—\n“(3) In this regulation—\n(a) “governor” includes—\n(i) a director approved by the Secretary of State for the purposes of section 85(1)(a) of the Criminal Justice Act 1991(“the 1991 Act”); and\n(ii) a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act,\nwhere the Secretary of State has entered into a contract for the running of a prison under section 84 of the 1991 Act; and\n(b) “volunteer” means an individual who, for the purposes of assisting with an investigation, without having been arrested—\n(i) attends voluntarily at a police station, customs office or any other place where a constable is present; or\n(ii) accompanies a constable to a police station, customs office or any other such place.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2003 c. 44."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1997 c. 43."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "The Parole Board is constituted under section 239 of the Criminal Justice Act 2003 (c. 44)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2000 c. 6."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1991 c. 53. Section 85 has been amended but the amendments are not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 84 was substituted by section 96 of the Criminal Justice and Public Order Act 1994 (c. 33)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2790/regulation/4",
    "retrieved_at": "2026-10-29T00:36:03.622667+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."
}