The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1998

In regulation 11(1), for “An application” there shall be substituted “Subject to paragraph (4), an application”.

After regulation 11(3) the following paragraph shall be inserted:

“(4)

Where regulation 18(1)(f) applies there shall be a single application to the justices' clerk for a legal aid order in respect of proceedings in both the magistrates' court and the Crown Court.”.

In regulation 18(1)(a), after the words “Crown Court or”, there shall be inserted “, except where regulation 18(1)(f) applies,”.

After regulation 18(1)(e) the following sub-paragraph shall be inserted:

“(f)

Where the applicant appears or is brought, or is to appear or be brought, before a magistrates' court and the magistrates' court has a duty or a power to send the applicant for trial under section 51 of the Crime and Disorder Act 1998^f1, to the justices' clerk of that magistrates' court in Form 1.”.

In regulation 23(1), after “shall be in Form 5 and shall”, there shall be inserted “, except where the application is made under regulation 18(1)(f),”.

In regulation 23(2A) for “paragraphs (3) and (4)” there shall be substituted “paragraphs (3), (4) and (6)”.

In regulation 23(4) after “statement of means and” there shall be inserted “, subject to paragraph (6),”.

After regulation 23(5) the following paragraph shall be inserted:

“(6)

Where an application for legal aid is made under regulation 18(1)(f) the applicant shall, subject to paragraph (3), provide the proper officer with supporting documentary evidence of the matters in the statement of means as soon as possible and in any event within 14 days of the legal aid order being made.”.

At the end of regulation 24(1) there shall be inserted “provided that in the case of an application for legal aid under regulation 18(1)(f) the applicant shall not be required to provide the supporting documentary evidence referred to in regulation 23(6) until the period of 14 days referred to in regulation 23(6) has expired”.

In regulation 24(2) after “at the time of submission of the statement of means” there shall be inserted “or, in the case of an application for legal aid under regulation 18(1)(f) the expiry of the period of 14 days referred to in regulation 23(6),”.

In regulation 25(1) “, when making a legal aid order,” shall be deleted.

After regulation 25(1) the following paragraph shall be inserted:

“(1A)

The determination under paragraph (1) shall be carried out when making a legal aid order, except in the case of an application for legal aid under regulation 18(1)(f), when it shall be carried out forthwith after the redetermination of disposable income and disposable capital under regulation 26(2)(c).”.

In regulation 26(2)(a):

In regulation 26(2)(b), for “Schedule 3.” there shall be substituted “Schedule 3; and”.

After regulation 26(2)(b) the following sub-paragraph shall be inserted:

“(c)

where an application for legal aid is made under regulation 18(1)(f), consider the supporting documentary evidence submitted by the applicant or the appropriate contributor and, subject to paragraphs (2A) and (3), redetermine his disposable income and disposable capital in accordance with Schedule 3.”.

In regulation 26(3) after “shall not make a determination under paragraph (2)(b)” there shall be inserted “or redetermination under paragraph (2)(c)”.

At the end of regulation 26(4) there shall be inserted “but where an application for legal aid is made under regulation 18(1)(f) the contribution shall be assessed on the basis of the redetermination of disposable income and disposable capital under regulation 26(2)(c)”.

In regulation 29(4), for “The period referred to” there shall be substituted “Subject to paragraph (5), the period referred to”.

After regulation 29(4) the following paragraph shall be inserted:

“(5)

If an application for legal aid has been made under regulation 18(1)(f), the period referred to in paragraph (1) above shall be extended by a number of days equal to the number of days from (and including) the day after the grant of the legal aid order to (and including) the day on which a contribution order was made under regulation 27.”.

At the end of regulation 41(3), for “made.” there shall be substituted “made; and”.

After regulation 41(3)(c) the following sub-paragraph shall be inserted:

“(d)

where the legally assisted person has been or is later sent for trial, to the proper officer of the Crown Court, and where the legally aided person is sent for trial after legal aid has been withdrawn the copy shall be sent as soon as reasonably practicable after the legally assisted person is sent for trial.”.

after “is committed” there shall be inserted “or sent for trial”;

in sub-paragraph (c) for “a copy” there shall be substituted “copies” and after “refused” there shall be inserted “and of any determinations under regulations 13 or 20”;

in sub-paragraph (d) before “any statement of means” there shall be inserted “subject to paragraph (2),”;

after sub-paragraph (d) the following paragraph shall be inserted:

“(2)

Where a person is sent for trial and the magistrates' court which sent him later does any of the things mentioned in sub-paragraphs (a) to (c) below, the justices' clerk shall as soon afterwards as reasonably practicable send to the appropriate officer of the Crown Court the documents mentioned in those sub-paragraphs:

(a)

if it makes a legal aid order, a copy of the legal aid order;

(b)

if it makes a contribution order, a copy of the contribution order, and any statement of means;

(c)

if it refuses a legal aid application, a copy of the application and of any determination under regulation 20, and any statement of means.”.