Legal Aid Act 1988

20 Competent authorities to grant representation under this Part. E+W

(1) Subject to any provision made by virtue of subsection (10) below, the following courts are competent to grant representation under this Part for the purposes of the following proceedings, on an application made for the purpose.

(2) The court before which any proceedings take place, or are to take place, is always competent as respects those proceedings, except that this does not apply to the House of Lords; and, in the case of the Court of Appeal and the Courts-Martial Appeal Court, the reference to proceedings which are to take place includes proceedings which may take place if notice of appeal is given or an application for leave to appeal is made.

(3) The Court of Appeal or, as the case may be, the Courts-Martial Appeal Court is also competent as respects proceedings on appeal from decisions of theirs to the House of Lords.

(4) The magistrates’ court—

(a) which commits a person for trial or sentence or to be dealt with in respect of a sentence,

[F1 (aa) which sends a person for trial under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences),]

(b) which has been given a notice of transfer under section 4 of the M1 Criminal Justice Act 1987 (transfer of serious fraud cases) [F2 or section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children)], F3 ... [F4 or]

F5 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) from which a person appeals against his conviction or sentence,

is also competent as respects the proceedings before the Crown Court.

(5) The magistrates’ court inquiring into an offence as examining justices is also competent, before it decides whether or not to commit the person for trial, as respects any proceedings before the Crown Court on his trial.

[F6 (5A) A magistrates’ court which has a duty or a power to send a person for trial under section 51 of the Crime and Disorder Act 1998 is also competent, before discharging that duty or (as the case may be) deciding whether to exercise that power, as respects any proceedings before the Crown Court on the person’s trial.]

(6) The Crown Court is also competent as respects applications for leave to appeal and proceedings on any appeal to the Court of Appeal under section 9(11) of the M2 Criminal Justice Act 1987 (appeals against orders or rulings at preparatory hearings).

(7) On ordering a retrial under section 7 of the M3 Criminal Appeal Act 1968 (new trials ordered by Court of Appeal or House of Lords on fresh evidence) the court ordering the retrial is also competent as respects the proceedings before the Crown Court.

(8) Any magistrates’ court to which, in accordance with regulations, a person applies for representation when he has been arrested for an offence but has not appeared or been brought before a court is competent as respects the proceedings in relation to the offence in any magistrates’ court.

(9) In the event of the Lord Chancellor making an order under section 3(4) as respects the function of granting representation under this Part for the purposes of proceedings before any court, the Board shall be competent as respects those proceedings, on an application made for the purpose.

(10) An order under section 3(4) may make provision restricting or excluding the competence of any court mentioned in any of subsections (2) to (8) above and may contain such transitional provisions as appear to the Lord Chancellor necessary or expedient.

Textual Amendments

F1 S. 20(4)(aa) inserted by 1998 c. 37, s. 119, Sch. 8 para. 67(1) (the insertion being in force 4.1.1999 for the purposes as referred to in S.I. 1998/3237, art. 4(2)(c), Sch. 2 and being otherwiseprosp.).

F2 Words in s. 20(4)(b) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 53(5), Sch. 6 para. 9; S.I. 1992/333, art. 2(2), Sch. 2.

F3 Word in s. 20(4) omitted (9.5.1991) by virtue of War Crimes Act 1991 (c. 13), s. 3(2) and repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.

F4 Word "or" in s. 20(4)(b) inserted (4.7.1996) by 1996 c. 25, s. 46(2)(a) (with s. 78(1))

F5 S. 20(4)(bb) repealed (4.7.1996) by 1996 c. 25, ss. 44, 46(2)(b), 80, Sch. 5 para. 2 (with s. 78(1))

F6 S. 20(5A) inserted by 1998 c. 37, s. 119, Sch. 8 para. 67(2) (the insertion being in force 4.1.1999 for the purposes as referred to in 1998/2327, art. 4(2)(c), Sch. 2 and being otherwiseprosp.).

Modifications etc. (not altering text)

C1 S. 20(4) restricted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 53(5), Sch. 6 para. 7(1)(b); S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M1 1987 c. 38.

M2 1987 c. 38.

M3 1968 c. 19.