Legal Aid Act 1988

19 Scope of this Part. E+W

(1) This Part applies to criminal proceedings before any of the following—

(a) a magistrates’ court;

(b) the Crown Court;

(c) the criminal division of the Court of Appeal or the Courts-Martial Appeal Court; and

(d) the House of Lords in the exercise of its jurisdiction in relation to appeals from either of those courts;

and representation under this Part shall be available to any person subject to and in accordance with sections 21, 22, 23, 24 and 25.

(2) Representation under this Part for the purposes of the proceedings before any court extends to any proceedings preliminary or incidental to the proceedings, including bail proceedings, whether before that or another court.

(3) Representation under this Part for the purposes of the proceedings before a magistrates’ court extends to any proceedings before a [F1 youth court] or other magistrates’ court to which the case is remitted.

(4) In subsection (2) above in its application to bail proceedings, “court ” has the same meaning as in the M1 Bail Act 1976, but that subsection does not extend representation to bail proceedings before a judge of the High Court exercising the jurisdiction of that Court.

(5) In this Part—

• “competent authority ” is to be construed in accordance with section 20;

• “Court of Appeal ” means the criminal division of that Court;

• “criminal proceedings ” includes proceedings for dealing with an offender for an offence or in respect of a sentence or as a fugitive offender and also includes proceedings instituted under section 115 of the M2 Magistrates’ Courts Act 1980 (binding over) in respect of an actual or apprehended breach of the peace or other misbehaviour and proceedings for dealing with a person for a failure to comply with a condition of a recognizance to keep the peace or be of good behaviour [F2 and also includes proceedings under section 15 of the Children and Young Persons Act 1969 (variation and discharge of supervision orders) and section 16(8) of that Act (appeals in such proceedings)];

• “proceedings for dealing with an offender as a fugitive offender ” means proceedings before a metropolitan stipendiary magistrate under section 9 of the M3 Extradition Act 1870, section 7 of the M4 Fugitive Offenders Act 1967 or section 6 of the M5 Criminal Justice Act 1988; and

• “remitted ”, in relation to a [F1 youth court], means remitted under section 56(1) of the M6 Children and Young Persons Act 1933;

and any reference, in relation to representation for the purposes of any proceedings, to the proceedings before a court includes a reference to any proceedings to which representation under this Part extends by virtue of subsection (2) or (3) above.

Textual Amendments

F1 Words in s. 19(3)(5) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 100, Sch. 11 para.40(2)(q); S.I. 1992/333, art. 2(2), Sch.2.

F2 Words in s. 19 added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 99(3); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C1 Definition of

“proceedings for dealing with an offender as a fugitive offender ”

in s. 19(5) modified (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 26 (with Sch. 14 para. 7(2))

Marginal Citations

M1 1976 c. 63.

M2 1980 c. 43.

M3 1870 c. 52.

M4 1967 c. 68.

M5 1988 c. 33.

M6 1933 c. 12.