OpenLegislation

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1997

S.I. 1997/1985 · Made 7 August 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE, ENGLAND AND WALES

Made 7th August 1997

Laid before Parliament 13th August 1997

Coming into force 8th September 1997

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988f1, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

1988 c. 34; sections 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1997 and shall come into force on 8th September 1997.

2Amendment to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

The following shall be inserted after regulation 44(3)(a) of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989f1:—

“or,

(b)

in the case of proceedings under section 9 of the Extradition Act 1989f2 or paragraph 6 of Schedule 1 to that Act, where the court is of the opinion that, because of circumstances which make the proceedings unusually grave or difficult, representation by both solicitor and counsel would be desirable.”.

Signature

Irvine of Lairg, C.

Dated 7th August 1997

Explanatory note

(This note is not part of the Regulations)

Section 158 of the Criminal Justice and Public Order Act 1994 changes the procedure for extradition hearings before magistrates to one similar to that for summary trials. These Regulations make consequential amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 in order to allow defendants to be represented at such hearings by counsel where appropriate.