Part IE+W Legal Services Commission

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)

Criminal Defence ServiceE+W

13 Advice and assistance.E+W

(1)The Commission shall fund such advice and assistance as it considers appropriate—

(a)for individuals who are arrested and held in custody at a police station or other premises, and

[F1(b)in prescribed circumstances, for individuals who—

(i)are not within paragraph (a) but are involved in investigations which may lead to criminal proceedings,

(ii)are before a court or other body in such proceedings, or

(iii)have been the subject of such proceedings;

and the assistance which the Commission may consider appropriate includes assistance in the form of advocacy.]

(2)The Commission may comply with the duty imposed by subsection (1) by—

(a)entering into contracts with persons or bodies for the provision of advice or assistance by them,

(b)making payments to persons or bodies in respect of the provision of advice or assistance by them,

(c)making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, advice or assistance,

(d)establishing and maintaining bodies to provide, or facilitate the provision of, advice or assistance,

(e)making grants to individuals to enable them to obtain advice or assistance,

(f)employing persons to provide advice or assistance, or

(g)doing anything else which it considers appropriate for funding advice and assistance.

(3)The [F2 Secretary of State] may by order require the Commission to discharge the function in subsection (2) in accordance with the order.

(4)The Commission may fund advice and assistance by different means—

(a)in different areas in England and Wales, and

(b)in relation to different descriptions of cases.

Textual Amendments

F1S. 13(1)(b) and following words substituted (retrospectively) by 2001 c. 4, s. 1

Modifications etc. (not altering text)

C3S. 13(2)(b) restricted (2.4.2001) by S.I. 2001/855, art. 7