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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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Changes over time for: Cross Heading: Exceptions: courts

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Version Superseded: 01/12/2020

Status:

Point in time view as at 25/10/2019.

Changes to legislation:

Legal Aid, Sentencing and Punishment of Offenders Act 2012, Cross Heading: Exceptions: courts is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Exceptions: courtsE+W

1E+WAdvocacy in proceedings in the Supreme Court.

2E+WAdvocacy in proceedings in the Court of Appeal.

3E+WAdvocacy in proceedings in the High Court.

4E+WAdvocacy in proceedings in the Court of Protection to the extent that they concern—

(a)a person's right to life,

(b)a person's liberty or physical safety,

(c)a person's medical treatment (within the meaning of the Mental Health Act 1983),

(d)a person's capacity to marry, to enter into a civil partnership or to enter into sexual relations, or

(e)a person's right to family life.

5E+WAdvocacy in proceedings in [F1the county court].

[F25A.E+WAdvocacy in proceedings in the family court.]

6E+WAdvocacy in the following proceedings in the Crown Court—

(a)proceedings for the variation or discharge of an order under section 5 or 5A of the Protection from Harassment Act 1997, F3...

[F4(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,]

(b)proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule.

[F5(c) proceedings on an appeal under section 46B of the Policing and Crime Act 2009, F6 ...

(d) proceedings on an appeal under section 15 of the Anti-social Behaviour, Crime and Policing Act 2014][F7 and

(e)proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.]

7E+WAdvocacy in a magistrates' court that falls within the description of civil legal services in any of [F8the following provisions of Part 1 of this Schedule—

(a)paragraph 1(1)(e)

(b)paragraph 1(2) so far as relating to paragraph (1)(1)(e), and

(c)paragraphs 11(2), 12, 13(1)(e), 15[F9, 17 (1)(a) and (b), 36 and 38].]

8E+WAdvocacy in the following proceedings in a magistrates' court—

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)proceedings in relation to—

(i)bail under Schedule 2 to the Immigration Act 1971, or

(ii)arrest under Schedule 2 or 3 to that Act,

(c)proceedings for the variation or discharge of an order under section 5 or 5A of the Protection from Harassment Act 1997, F11...

(d)proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule [F12; and

(e)proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.]

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