The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014

Exceptions: advocacy in the Crown Court, magistrates’ court and Upper Tribunal

2.—(1) Part 3 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (advocacy: exclusion and exceptions) is amended as follows.

(2) In paragraph 6 (proceedings in the Crown Court)—

(a) omit the “and” at the end of sub-paragraph (a);

(b) after sub-paragraph (a) insert—

“(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(2),”; and

(c) after sub-paragraph (b) insert—

“(c) proceedings on an appeal under section 46B of the Policing and Crime Act 2009(3), and

(d) proceedings on an appeal under section 15 of the Anti-social Behaviour, Crime and Policing Act 2014(4).”

(3) In paragraph 7 (proceedings in a magistrates’ court)(5), in sub-paragraph (c) for “and 17(1)(a) and (b)” substitute “, 17 (1)(a) and (b), 36 and 38”.

(4) In paragraph 17 (proceedings in the Upper Tribunal)—

(a) omit the “or” at the end of sub-paragraph (a);

(b) at the end of sub-paragraph (b) insert “, or”; and

(c) after sub-paragraph (b) insert—

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

(1)

1998 c. 37.

(2)

2014 c. 12. Section 8(1)(b), to which section 10(1)(b) relates, is amended by paragraph 25(2) of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014.

(3)

2009 c. 26. Section 46B is inserted by paragraph 2 of Schedule 12 to the Crime and Courts Act 2013 (c. 22).

(4)

2014 c. 12.

(5)

Amended by S.I. 2014/605.

(6)

2014 c. 6. Paragraph 96 of Schedule 3 to the Children and Families Act 2014 inserted a reference to Part 3 of that Act in paragraph 2 of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.