Explanatory note

These Regulations amend regulation 9 (criminal proceedings) of the Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9) (“the General Regulations”). Regulation 9 of the General Regulations makes provision about the proceedings which constitute criminal proceedings for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the 2012 Act”).

The Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) (“the Act”) repeals the legislation relating to certain types of orders relating to anti-social behaviour and sexual offences and introduces certain new orders.

Regulation 2 makes necessary consequential amendments to regulation 9 of the General Regulations to prescribe as criminal the new proceedings introduced by the Act. The effect of these amendments is that the proceedings relating to the following orders are to be treated as ‘criminal’ for the purposes of the 2012 Act. These are closure orders relating to criminal behaviour under section 80 of the Act, sexual harm prevention orders under sections 103A of the Sexual Offences Act 2003 (c. 42) and sexual risk orders under section 122A of that Act.

Regulation 3 provides that the amendments made in Regulation 2 do not apply to determinations for criminal legal aid which relate to criminal proceedings under the legislation which has been repealed.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.