Prescribed conditions
12.—(1) The conditions set out in paragraph (2) are prescribed for the purposes of section 15(1) of the Act.
(2) The conditions are that an individual must—
(a)be the subject of an investigation which may lead to criminal proceedings;
(b)be the subject of criminal proceedings;
(c)require advice and assistance regarding an appeal or potential appeal against the outcome of any criminal proceedings or an application to vary a sentence;
(d)require advice and assistance regarding a sentence;
(e)require advice and assistance regarding an application or potential application to the Criminal Cases Review Commission(1);
(f)require advice and assistance regarding the individual’s treatment or discipline in a prison, young offender institution or secure training centre (other than in respect of actual or contemplated proceedings regarding personal injury, death or damage to property);
(g)be the subject of proceedings before the Parole Board(2);
(h)require advice and assistance regarding representation in relation to a mandatory life sentence or other parole review;
(i)be a witness in criminal proceedings and require advice and assistance regarding self-incrimination;
(j)be a volunteer; or
(k)be detained under Schedule 7 to the Terrorism Act 2000(3).
(3) In this regulation “volunteer” means an individual who, for the purposes of assisting with an investigation, without having been arrested—
(a)attends voluntarily at a police station, customs office or any other place where a constable is present; or
(b)accompanies a constable to a police station, customs office or any other such place.
The Criminal Cases Review Commission was established by section 8 of the Criminal Appeal Act 1995 (c. 35).
The Parole Board is constituted under section 239 of the Criminal Justice Act 2003 (c. 44).