Powers of Criminal Courts (Sentencing) Act 2000

Section 83 E+W

8 (1) This paragraph applies if— E+W

(a) paragraphs 9 and 25 of Schedule 4 to the M1 Access to Justice Act 1999, and

(b) the repeals made by Part I of Schedule 15 to that Act in section 21 of the M2 Powers of Criminal Courts Act 1973 and section 3 of the M3 Criminal Justice Act 1982,

have not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date section 83 of this Act shall have effect as if—

(a) for paragraph (a) of subsection (3) there were substituted the following paragraph—

“(a) he applied for legal aid and had his application refused on the ground that it did not appear his resources were such that he required assistance; or”;

and

(b) in paragraph (b) of that subsection, for the words “such representation” there were substituted “ legal aid ”.

(3) If this paragraph applies, then until the relevant commencement date section 83 of this Act shall also have effect as if after subsection (4) there were inserted the following subsection—

“(4A) In this section “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to sentence; but in the case of a person committed to the Crown Court for sentence or trial or sent to that court for trial under section 51 of the M4 Crime and Disorder Act 1998 it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed or se t him.”

Marginal Citations

M1 1999 c. 22.

M2 1973 c. 62.

M3 1982 c. 48.

M4 1998 c. 37.