Legal Aid, Sentencing and Punishment of Offenders Act 2012

Part 3 E+W Advocacy: exclusion and exceptions

The services described in Part 1 of this Schedule do not include advocacy, except as follows—

(a) those services include the types of advocacy listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise;

(b) those services include other types of advocacy to the extent that Part 1 of this Schedule so provides.

Exceptions: courts E+W

1 E+W Advocacy in proceedings in the Supreme Court.

2 E+W Advocacy in proceedings in the Court of Appeal.

3 E+W Advocacy in proceedings in the High Court.

4 E+W Advocacy in proceedings in the Court of Protection to the extent that they concern—

(a) a person's right to life,

(b) a person's liberty or physical safety,

(c) a person's medical treatment (within the meaning of the Mental Health Act 1983),

(d) a person's capacity to marry, to enter into a civil partnership or to enter into sexual relations, or

(e) a person's right to family life.

5 E+W Advocacy in proceedings in [F1 the county court].

Textual Amendments

F1 Words in Sch. 1 Pt. 3 para. 5 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), Sch. 9, para.52; S.I. 2014/954, art. 2(c)

[F2 5A. E+W Advocacy in proceedings in the family court.]

Textual Amendments

F2 Sch. 1 Pt. 3 para. 5A inserted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 26(a)

6 E+W Advocacy in the following proceedings in the Crown Court—

(a) proceedings for the variation or discharge of an order under [F3 section 360 of the Sentencing Code or section] 5A of the Protection from Harassment Act 1997, F4 ...

[F5 (aa) proceedings on an appeal under section 10(1)(b) of the Crime and Disorder Act 1998(1) against the making of a parenting order where an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014,]

(b) proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule.

[F6 (c) proceedings on an appeal under section 46B of the Policing and Crime Act 2009, F7 ...

(d) proceedings on an appeal under section 15 of the Anti-social Behaviour, Crime and Policing Act 2014][F8 and

(e) proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.]

Textual Amendments

F3 Words in Sch. 1 Pt. 3 para. 6(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 289(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F4 Word in Sch. 1 Pt. 3 para. 6(a) omitted (16.12.2014) by virtue of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014, S.I. 2014/3305, arts. 1, 2(2)(a)

F5 Sch.1 Pt. 3 para 6(aa) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014, S.I. 2014/3305, arts. 1, 2(2)(b)

F6 Sch. 1 Pt. 3 paras. 6(c)(d) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014, S.I. 2014/3305, arts 1. 2(2)(c)

F7 Word in Sch. 1 Pt. 3 para. 6(c) repealed (17.7.2015) by the Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(2)(a); S.I. 2015/1428, art 2(c)(v)

F8 Sch. 1 Pt. 3 para. 6(e) and word inserted (17.7.2015) by the Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(2)(b); S.I. 2015/1428, art 2(c)(v)

7 E+W Advocacy in a magistrates' court that falls within the description of civil legal services in any of [F9 the following provisions of Part 1 of this Schedule—

(a) paragraph 1(1)(e)

(b) paragraph 1(2) so far as relating to paragraph (1)(1)(e), and

(c) paragraphs 11(2), 12, 13(1)(e), 15[F10 , 17 (1)(a) and (b), 36 and 38].]

Textual Amendments

F9 Words in Sch. 1 Pt. 3 para 7. substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 26(b)

F10 Words in Sch. 1 Pt. 3 para. 7(c) substituted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014, S.I. 2014/3305, arts. 1, 2(3)

8 E+W Advocacy in the following proceedings in a magistrates' court—

F11 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) proceedings in relation to—

(i) bail under Schedule 2 to the Immigration Act 1971, or

(ii) arrest under Schedule 2 or 3 to that Act,

(c) proceedings for the variation or discharge of an order under [F12 section 360 of the Sentencing Code or section] 5A of the Protection from Harassment Act 1997, F13 ...

(d) proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule [F14 ; and

(e) proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.]

Textual Amendments

F11 Sch. 1 Pt. 3 para. 8(a) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(c)

F12 Words in Sch. 1 Pt. 3 para. 8(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 289(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F13 Word in Sch.1 Pt. 3 para. 8(c) omitted (17.7.2015) by virtue of Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(3)(b); S.I. 2015/1428, art 2(c)(v)

F14 Sch. 1 Pt. 3 para. 8(e) and word inserted (17.7.2015) by the Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(3)(b); S.I. 2015/1428, art 2(c)(v)

Exceptions: tribunals E+W

9 E+W Advocacy in proceedings in the First-tier Tribunal under—

(a) the Mental Health Act 1983, or

(b) paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984.

10 E+W Advocacy in proceedings in the Mental Health Review Tribunal for Wales.

11 E+W Advocacy in proceedings in the First-tier Tribunal under—

(a) Schedule 2 to the Immigration Act 1971, or

(b) Part 5 of the Nationality, Immigration and Asylum Act 2002.

12 E+W Advocacy in proceedings in the First-tier Tribunal under—

(a) section 40A of the British Nationality Act 1981, or

(b) regulation 26 of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003),

but only to the extent that the proceedings concern contravention of the Equality Act 2010.

13 E+W Advocacy in the First-tier Tribunal that falls within the description of civil legal services in paragraph 28, 29 [F15 31A,] or [F16 , 32(1) or 32A(1)] of Part 1 of this Schedule.

Textual Amendments

F15 Word in Sch. 1 Pt. 3 para. 13 inserted (25.10.2019) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019 (S.I. 2019/1396), arts. 1, 2(3)

F16 Words in Sch. 1 Pt. 3 para. 13 substituted (31.7.2015) by the Modern Slavery Act 2015 (c. 30), s 47(3); S.I. 2015/1476, art. 2(f)

14 E+W Advocacy in proceedings in the First-tier Tribunal under—

(a) section 4 or 4A of the Protection of Children Act 1999 (appeals and applications relating to list of barred from regulated activities with children or vulnerable adults),

(b) section 86 or 87 of the Care Standards Act 2000 (appeals and applications relating to list of persons unsuitable to work with vulnerable adults),

(c) section 32 of the Criminal Justice and Court Services Act 2000 (applications relating to disqualification orders), or

(d) section 144 of the Education Act 2002 (appeals and reviews relating to direction prohibiting person from teaching etc).

15 E+W Advocacy in proceedings in the Upper Tribunal arising out of proceedings within any of paragraphs 9 to 14 of this Part of this Schedule.

16 E+W Advocacy in proceedings in the Upper Tribunal under section 4 of the Safeguarding Vulnerable Groups Act 2006.

17 E+W Advocacy in proceedings in the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 (appeals on a point of law) from decisions made by the First-tier Tribunal or the [F17 Education] Tribunal for Wales in proceedings under—

[F18 (a) Part 4 of the Education Act 1996 (special educational needs),]

[F18 (a) Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018,]

(b) the Equality Act 2010 [F19 , or]

[F20 (c) Part 3 of the Children and Families Act 2014(6) (children and young people in England with special educational needs or disabilities).]

Textual Amendments

F17 Word in Sch. 1 Pt. 3 para. 17 substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 21(2)(b)(i); S.I. 2021/373, art. 8(j)(xxxvi)

F18 Sch. 1 Pt. 3 para. 17(a) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 21(2)(b)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F19 Word in Sch. 1 Pt. 3 para.. 17(b) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(4)(b)

F20 Sch. 1 Pt. 3 para. 17(c) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(4)(c)

18 E+W Advocacy in proceedings which are brought before the Upper Tribunal (wholly or primarily) to exercise its judicial review jurisdiction under section 15 of the Tribunals, Courts and Enforcement Act 2007.

19 E+W Advocacy where judicial review applications are transferred to the Upper Tribunal from the High Court under section 31A of the Senior Courts Act 1981.

20 E+W Advocacy in proceedings in the Employment Appeal Tribunal, but only to the extent that the proceedings concern contravention of the Equality Act 2010.

Other exceptions E+W

21 E+W Advocacy in proceedings in the Special Immigration Appeals Commission.

22 E+W Advocacy in proceedings in the Proscribed Organisations Appeal Commission.

[F21 22A E+W Advocacy in proceedings before a District Judge (Magistrates' Courts) under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015.]

Textual Amendments

F21 Sch. 1 Pt. 3 para. 22A inserted (13.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 1(2)(b), 52(1)

23 E+W Advocacy in legal proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within any other paragraph of this Part of this Schedule.

24 E+W Advocacy in bail proceedings before any court which are related to proceedings within any other paragraph of this Part of this Schedule.

25 E+W Advocacy in proceedings before any person for the enforcement of a decision in proceedings within any other paragraph of this Part of this Schedule.