Part 4Other criminal justice provisions
Criminal legal aid
I156Provisional grant of right to representation
1
Part 1 of the Access to Justice Act 1999 (c. 22) is amended as follows.
2
In section 14(1) (representation)—
a
after “criminal proceedings” insert “
and about the provisional grant of a right to representation in prescribed circumstances
”
;
b
after “granted” insert “
, or provisionally granted,
”
.
3
In section 15(1)
(selection of representative) after “granted” insert “
, or provisionally granted,
”
.
4
In section 25(9)
(orders, regulations and directions subject to affirmative resolution procedure) for “paragraph 2A” substitute “
paragraph 1A, 2A,
”
.
5
In section 26 (interpretation) after the definition of “representation” insert— “
and, for the purposes of the definition of “representation”, “proceedings” includes, in the context of a provisional grant of a right to representation, proceedings that may result from the investigation concerned.
”
6
After paragraph 1 of Schedule 3 (individuals to whom right may be granted) insert—
1AIndividuals to whom right may be provisionally granted
1
Regulations may provide that, in prescribed circumstances, and subject to any prescribed conditions, a right to representation may be provisionally granted to an individual where—
a
the individual is involved in an investigation which may result in criminal proceedings, and
b
the right is so granted for the purposes of criminal proceedings that may result from the investigation.
2
Regulations under sub-paragraph (1) may, in particular, make provision about—
a
the stage in an investigation at which a right to representation may be provisionally granted;
b
the circumstances in which a right which has been so granted—
i
is to become, or be treated as if it were, a right to representation under paragraph 1, or
ii
is to be, or may be, withdrawn.
7
In paragraph 2A of Schedule 3 (grant of right by Commission) at the end of sub-paragraph (1)(b) insert—
c
provide that any provisional grant of a right to representation, or any withdrawal of a right so granted, in accordance with regulations under paragraph 1A is to be made by the Commission.
8
In paragraph 3A(1) of Schedule 3 (form of the grant of a right to representation) after “grant” insert “
, or provisional grant,
”
.
9
In paragraph 3B of Schedule 3 (financial eligibility)—
a
in sub-paragraph (1)—
i
after “grant” insert “
, or provisionally grant,
”
,
ii
after “granted” insert “
, or provisionally granted,
”
;
b
in sub-paragraph (2)(a), after “granted” insert “
, or provisionally granted,
”
.
10
In paragraph 4 of Schedule 3 (appeals) at the end insert— “
This paragraph does not apply in relation to any right to representation granted in accordance with paragraph 1A.
”
11
In paragraph 5 of Schedule 3 (criteria for grant of right)—
a
in sub-paragraph (1), after “grant” insert “
, or provisionally grant,
”
;
b
after sub-paragraph (2) insert—
2A
For the purposes of sub-paragraph (2), “proceedings” includes, in the context of a provisional grant of a right to representation, proceedings that may result from the investigation in which the individual is involved.
c
in sub-paragraph (4), after “grant” insert “
, or provisional grant,
”
.