Search Legislation

Legal Aid, Sentencing and Punishment of Offenders Act 2012

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 35

 Help about opening options

No versions valid at: 03/12/2012

Alternative versions:

Status:

Point in time view as at 03/12/2012. This version of this provision is not valid for this point in time. Help about Status

Changes to legislation:

Legal Aid, Sentencing and Punishment of Offenders Act 2012, Section 35 is up to date with all changes known to be in force on or before 03 February 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

Valid from 01/04/2013

35Exceptions from restriction under section 34E+W

This section has no associated Explanatory Notes

(1)Section 34(2) does not prevent the disclosure of information—

(a)for the purpose of enabling or assisting the Lord Chancellor or the Secretary of State for Justice to carry out their functions (whether conferred or imposed by an Act or otherwise),

(b)for the purpose of enabling or assisting the Director to carry out functions imposed or conferred on the Director by or under this Part, or

(c)for the purpose of enabling or assisting a court, tribunal or other person on whom functions are imposed or conferred by or under this Part to carry out those functions.

(2)Section 34(2) does not prevent—

(a)the disclosure of information in accordance with the law of England and Wales or an order of a court,

(b)the disclosure of information for the purposes of the investigation or prosecution of an offence (or suspected offence) under the law of England and Wales or any other jurisdiction, except where regulations otherwise provide,

(c)the disclosure of information for the purposes of instituting, or otherwise for the purposes of, proceedings before a court,

(d)the disclosure of information which has previously been lawfully disclosed to the public, or

(e)the disclosure of information for the purpose of facilitating the proper performance by a tribunal of disciplinary functions.

(3)Section 34(2) does not prevent the disclosure of—

(a)information in the form of a summary or collection of information that is framed so that information relating to an individual cannot be ascertained from it, or

(b)information about the amount of any grant, loan or other payment made to a person by the Lord Chancellor under arrangements made for the purposes of this Part.

(4)Section 34(2) does not prevent the disclosure of information for any purpose—

(a)with the consent of the individual in connection with whose case it was provided, and

(b)if the information was provided other than by that individual, with the consent of the person who provided the information.

(5)Section 34(2) does not prevent the disclosure of information after the end of the restricted period if—

(a)the disclosure is by a person who is a public authority for the purposes of the Freedom of Information Act 2000 or who is acting on behalf of such a person, and

(b)the information is not held by the public authority on behalf of another person.

(6)The restricted period is the period of 100 years beginning with the end of the calendar year in which a record containing the information was first created by a person to whom the information was provided in connection with a case described in section 34(1)(b).

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?