The Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Legal aid orders

40.—(1) A magistrates' court inquiring into an offence as examining justices may make a legal aid order which applies, or amend an order so that it applies, both to proceedings before the court and, in the event of the defendant being committed for trial, to his trial before the Crown Court and, where such an order is made,–

(a) Form 11 shall be used; and

(b) copies of the order shall be sent in accordance with paragraph (2) below or with regulation 50(3), as the case may be.

(2) A legal aid order for the purposes of proceedings in a magistrates' court, the Crown Court or the Court of Appeal shall be in Form 11, 12 or 13 as the case may be and, subject to regulations 17(3) and 29(3), the court or the proper officer shall send–

(a) one copy to the legally assisted person; and

(b) one copy to the solicitor assigned or to counsel (where counsel only is assigned); and,

where the legal aid order is made for the purposes of proceedings before a magistrates' court, a further copy (endorsed “Board copy”) shall be sent under sub-paragraph (b) above.

(3) Where a legal aid order is made by an area committee for the purposes of proceedings in a magistrates' court, one copy shall be sent to the proper officer of the court to which the application for legal aid was made.

(4) Where a legal aid order is amended under regulation 50, copies of the amended order shall be sent in accordance with paragraph (3) of that regulation.

(5) Where the solicitor assigned instructs counsel, the instructions which are delivered to counsel shall include a copy of the legal aid order and the solicitor shall inform counsel of any amendments made to the legal aid order.