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Legal Aid, Sentencing and Punishment of Offenders Act 2012
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- UK Public General Acts
- 2012 c. 10
- SCHEDULE 1
- Part 3
- Exceptions: courts
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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 14 November 2024. 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.
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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].
Textual Amendments
F1Words in Sch. 1 Pt. 3 para. 5 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), Sch. 9, para.52; S.I. 2014/954, art. 2(c)
[F25A.E+WAdvocacy in proceedings in the family court.]
Textual Amendments
F2Sch. 1 Pt. 3 para. 5A inserted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 26(a)
6E+WAdvocacy in the following proceedings in the Crown Court—
(a)proceedings for the variation or discharge of an order under [F3section 360 of the Sentencing Code or section] 5A of the Protection from Harassment Act 1997, F4...
[F5(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.
[F6(c) proceedings on an appeal under section 46B of the Policing and Crime Act 2009, F7 ...
(d) proceedings on an appeal under section 15 of the Anti-social Behaviour, Crime and Policing Act 2014] F8[F9...
(e)proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003] [F10, and
(f)proceedings on an appeal under section 46(1) or (5) of the Domestic Abuse Act 2021.]
Textual Amendments
F3Words in Sch. 1 Pt. 3 para. 6(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 289(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F4Word in Sch. 1 Pt. 3 para. 6(a) omitted (16.12.2014) by virtue of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014, S.I. 2014/3305, arts. 1, 2(2)(a)
F5Sch.1 Pt. 3 para 6(aa) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014, S.I. 2014/3305, arts. 1, 2(2)(b)
F6Sch. 1 Pt. 3 paras. 6(c)(d) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014, S.I. 2014/3305, arts 1. 2(2)(c)
F7Word in Sch. 1 Pt. 3 para. 6(c) repealed (17.7.2015) by the Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(2)(a); S.I. 2015/1428, art 2(c)(v)
F8Word in Sch. 1 Pt. 3 para. 6(d) omitted (25.5.2024) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Order 2024 (S.I. 2024/715), arts. 1(1), 2(2)(a)
F9Sch. 1 Pt. 3 para. 6(e) and word inserted (17.7.2015) by the Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(2)(b); S.I. 2015/1428, art 2(c)(v)
F10Sch. 1 Pt. 3 para. 6(f) and word inserted (25.5.2024) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Order 2024 (S.I. 2024/715), arts. 1(1), 2(2)(b)
7E+WAdvocacy in a magistrates' court that falls within the description of civil legal services in any of [F11the 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),
[F12(ba)paragraph 11(1A)(a) and, in so far as it relates to a domestic abuse protection order made under section 28 of the Domestic Abuse Act 2021, paragraph 11(1A)(c),] and
(c)paragraphs 11(2), 12, 13(1)(e), 15[F13, 17 (1)(a) and (b), 36 and 38].]
Textual Amendments
F11Words in Sch. 1 Pt. 3 para 7. substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 26(b)
F12Sch. 1 Pt. 3 para. 7(ba) inserted (25.5.2024) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Order 2024 (S.I. 2024/715), arts. 1(1), 2(3)
F13Words in Sch. 1 Pt. 3 para. 7(c) substituted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014, S.I. 2014/3305, arts. 1, 2(3)
8E+WAdvocacy in the following proceedings in a magistrates' court—
F14(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 [F15section 360 of the Sentencing Code or section] 5A of the Protection from Harassment Act 1997, F16...
(d)proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule [F17; and
(e)proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.]
Textual Amendments
F14Sch. 1 Pt. 3 para. 8(a) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(c)
F15Words in Sch. 1 Pt. 3 para. 8(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 289(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F16Word in Sch.1 Pt. 3 para. 8(c) omitted (17.7.2015) by virtue of Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(3)(b); S.I. 2015/1428, art 2(c)(v)
F17Sch. 1 Pt. 3 para. 8(e) and word inserted (17.7.2015) by the Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(3)(b); S.I. 2015/1428, art 2(c)(v)
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