Modifications etc. (not altering text)
C1Pt. I extended (1.9.2001) by 2001 c. 17, s. 6(2)(c) (with ss. 16(5), 78); S.I. 2001/2161, art. 2
C2Pt. 1: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)
Pt. 1: functions of the Secretary of State transferred (12.1.2006) to the Lord Chancellor by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)
(1)The Commission shall establish, maintain and develop a service known as the Criminal Defence Service for the purpose of securing that individuals involved in criminal investigations or criminal proceedings have access to such advice, assistance and representation as the interests of justice require.
(2)In this Part “criminal proceedings” means—
(a)proceedings before any court for dealing with an individual accused of an offence,
(b)proceedings before any court for dealing with an individual convicted of an offence (including proceedings in respect of a sentence or order),
[F1(c)proceedings for dealing with an individual under the Extradition Act 2003,]
(d)proceedings for binding an individual over to keep the peace or to be of good behaviour under section 115 of the M1Magistrates’ Courts Act 1980 and for dealing with an individual who fails to comply with an order under that section,
(e)proceedings on an appeal brought by an individual under section 44A of the M2Criminal Appeal Act 1968,
(f)proceedings for contempt committed, or alleged to have been committed, by an individual in the face of a court, and
(g)such other proceedings concerning an individual, before any such court or other body, as may be prescribed.
(3)The Commission shall fund services as part of the Criminal Defence Service in accordance with sections 13 to 15.
(4)The Commission may accredit, or authorise others to accredit, persons or bodies providing services which may be funded by the Commission as part of the Criminal Defence Service; and any system of accreditation shall include provision for the monitoring of the services provided by accredited persons and bodies and for the withdrawal of accreditation from any providing services of unsatisfactory quality.
(5)The Commission may charge—
(a)for accreditation,
(b)for monitoring the services provided by accredited persons and bodies, and
(c)for authorising accreditation by others;
and persons or bodies authorised to accredit may charge for accreditation, and for such monitoring, in accordance with the terms of their authorisation.
(6)The [F2Secretary of State] may by order require the Commission to discharge the functions in subsections (4) and (5) in accordance with the order.
Textual Amendments
F1S. 12(2)(c) substituted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 182, 221; S.I. 2003/3103, art. 2 (subject to arts. 3-5)
F2Words in s. 12 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 11(1)(a)
Marginal Citations