The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1995

Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

6.  The following shall be substituted for regulation 8:—

“8.— (1) The proper officer of each court shall keep a record of every application to that court for a legal aid order.

(2) That record shall state whether the application

(a) was granted;

(b) was refused on the ground that it did not appear that it was desirable to make an order in the interests of justice, or

(c) was refused on the ground that it did not appear that the applicant’s disposable income and disposable capital were such that, in accordance with regulation 26(1), he was eligible for legal aid,

and, in the circumstances referred to in sub-paragraphs (a) and (b), shall state the factors relied upon by the applicant and the reasons for the decision.

(3) Where a legal aid order was granted or refused by an area committee following an application for review under regulation 15, the proper officer shall keep a record of the decision and reasons of the area committee as notified pursuant to regulation 17(4)(b).

(4) In the case of proceedings to which section 22 of the Act applies, the statement of reasons required by paragraph (2) shall include specific reference to such of the interests of justice criteria as appear to be relevant to the decision.

(5) The proper officer shall send to the Lord Chancellor such information from the records required to be kept by this regulation as the Lord Chancellor shall request.”.