The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1998

In regulation 3(1), in the definition of “appropriate officer”, for the words “Chief Clerk”, there shall be substituted the words “Court Manager”.

In regulation 4(1), after “Forms 1” there shall be inserted “, 1A”.

In regulation 15(1), for “paragraph (2)”, there shall be substituted “paragraphs (2) and (3)”.

After regulation 15(2), there shall be inserted the following—

“(3)

An application for review shall not lie to an area committee where the offence is one of those mentioned in Schedule 2 to the Magistrates' Courts Act 1980^f1 and by virtue of section 22 of that Act, the offence is triable only summarily.”.

After regulation 22(1), there shall be inserted the following—

“(1A)

Where section 44A of the Criminal Appeal Act 1968^f1 (death of convicted person) applies and the applicant is the personal representative of the dead person, the application for legal aid shall be made to the registrar in Form 1A.”.

After regulation 23(1), there shall be inserted the following—

“(1A)

Where section 44A of the Criminal Appeal Act 1968 (death of convicted person) applies and the applicant is the personal representative of the dead person, the statement of means shall be in Form 1A and not in Form 5.”.

In regulation 26(2A), for “23 or 24(1)”, there shall be substituted “23, 24(1) or 22A(3)”.

In regulation 31, after the word “shall”, there shall be inserted the word “forthwith”.

In regulation 32(1)(a), after the word “information”, there shall be inserted the words “or a report from the Board under regulation 22A(2)”.

In regulation 33(a), after the word “information”, there shall be inserted the words “or a report from the Board under regulation 22A(2)”.

In Schedule 2—

In Schedule 2, in Form 1, paragraph 5b), the following words shall be inserted before the word “and”—

“in a previous application for legal aid in this case”.

In Schedule 2, in Form 5, sub-paragraph 2 of paragraph 3, for—

“

Children 18 and over

□

Children 16 and 17

□

Children 11 to 15

□

Children under 11

□

”,

there shall be substituted the following—

“

Children under 19	□	Date of birth for each child	▭	Children and other Relatives 19 and over	□
Other relatives under 19	□	Date of birth for each relative	▭

”.

In Schedule 2, Part Two of Form 6 (which deals with Calculation of contribution from INCOME) shall be amended by substituting for “£49”, “£50” and, for “£50”, “£51”.

In Schedule 3, after paragraph 2A, there shall be inserted the following—

“2B

Where section 44A of the Criminal Appeal Act 1968 (death of convicted person) applies—

(a)

if the applicant is the personal representative of the dead person, the financial resources to be taken into account shall be those forming part of the estate of the dead person, and not the resources belonging to the applicant in another capacity or to any other person;

(b)

otherwise, the financial resources to be taken into account shall be those belonging to the applicant or treated as belonging to him in accordance with the other provisions of this Schedule.”.

In Schedule 3—

After paragraph 15 of Schedule 3, there shall be inserted the following—

“15A

A resource of a capital nature shall not be treated as not belonging to the person concerned by reason only that that person is restrained from using or disposing of it by the order of any court, unless—

(a)

that person has requested the court which made the order to release assets forming all or part of that resource for use in connection with the proceedings to which the legal aid application relates; and

(b)

that request has been refused.”.

Schedule 4 shall be amended by substituting, for “£49”, “£50” and, for “£50”, “£51”.

(This note is not part of the Regulations)