11.—(1) An application for a legal aid order in respect of proceedings in a magistrates' court shall be made–
(a)to the justices' clerk in Form 1, or
(b)orally to the court,
and the justices' clerk or the court may grant or refuse the application.
(2) Where an application for a legal aid order is made under paragraph (1)(b), the court may refer it to the justices' clerk for determination.
(3) Except where the applicant is not required to furnish a statement of means under regulation 23(4), a legal aid order shall not be made on an application under paragraph (1) until the court or the justices' clerk has considered the applicant’s statement of means.
12.—(1) Where an application for a legal aid order is refused by a magistrates' court or a justices' clerk, the court or the justices' clerk shall notify the applicant on Form 2 that the application has been refused on one or both of the following grounds, namely, that–
(a)it does not appear to the court or the justices' clerk desirable to make an order in the interests of justice; or
(b)it appears to the court or the justices' clerk that the applicant’s disposable income and disposable capital are such that, in accordance with regulation 26(1), he is ineligible for legal aid,
and shall inform him of the circumstances in which he may renew his application or apply to an area committee for the decision to be reviewed.
(2) A copy of Form 2, and, where an application for review under regulation 15 may be made, of the completed Form 1 shall be sent to the applicant and to his solicitor, if any.
13. Where a magistrates' court or a justices' clerk has refused to make a legal aid order, the court or the justices' clerk shall determine–
(a)the applicant’s disposable income and disposable capital, and
(b)the amount of any contribution which would have been payable and the manner in which it would be payable by the applicant or an appropriate contributor had a legal aid order been made,
and shall notify the applicant of the amounts so determined.
14.—(1) Without prejudice to the provisions of regulation 15, an applicant whose application under regulation 11 has been refused may renew his application either orally to the court or to the justices' clerk.
(2) Where an application is renewed under paragraph (1), the applicant shall return the notice of refusal which he received under regulation 12 or any such notice received under regulation 17(4).
(3) Where an application is renewed to the justices' clerk, he may either grant the application or refer it to the court or to a justice of the peace.
(4) Where an application is renewed to the court, the court may grant or refuse the application or refer it to the justices' clerk.
(5) The court or a justice of the peace to whom an application is referred under paragraph (3) or (6), may grant or refuse the application.
(6) A justices' clerk to whom an application is referred under paragraph (4), may grant the application or refer it either back to the court or to a justice of the peace.
(7) Except where the applicant is not required to furnish a statement of means under regulation 23(4), a legal aid order shall not be made where an application is renewed under paragraph (1) until the court, a justice of the peace or the justices' clerk has considered the applicant’s statement of means.
(8) Regulation 12 shall apply where an application is refused under this regulation with the modification that references to a magistrates' court shall be construed as including references to a justice of the peace.
(9) In this regulation, “a justice of the peace” means a justice of the peace who is entitled to sit as a member of the magistrates' court.
15.—(1) Where an application for a legal aid order has been refused after having been considered for the first time by a magistrates' court or a justices' clerk, the applicant may, subject to paragraph (2), apply for review to the appropriate area committee.
(2) An application for review shall only lie to an area committee where–
(a)the applicant is charged with an indictable offence or an offence which is triable either way or appears or is brought before a magistrates' court to be dealt with in respect of a sentence imposed or an order made in connection with such an offence; and
(b)the application for a legal aid order has been refused on the ground specified in regulation 12(1)(a): and
(c)the application for a legal aid order was made no later than 21 days before the date fixed for the trial of an information or the inquiry into an offence as examining justices, where such a date had been fixed at the time that the application was made.
16.—(1) An application for review shall be made by giving notice in Form 3 to the appropriate area committee within 14 days of the date of notification of the refusal to make a legal aid order and the applicant shall send a copy of Form 3 to the justices' clerk of the magistrates' court to which the first application for legal aid was made.
(2) An application under paragraph (1) shall be accompanied by the following documents–
(a)a copy of the completed Form 1 returned by the court under regulation 12(2); and
(b)a copy of the notice of refusal received under regulation 12.
(3) The time limit within which the application for review is to be made may, for good reason, be waived or extended by the area committee.
(4) The justices' clerk and the applicant shall supply such further particulars, information and documents as the area committee may require in relation to an application under paragraph (1).
17.—(1) On a review, the area committee shall consider the application for legal aid and either–
(a)refuse the application; or
(b)make a legal aid order.
(2) Where the area committee makes a legal aid order, it shall make a contribution order in accordance with any determination made under regulation 13.
(3) Where a magistrates' court or a justices' clerk has determined under regulation 13 that any legal aid order which is made shall not take effect until a contribution from disposable capital is paid, the area committee shall send the legal aid order to the appropriate justices' clerk.
(4) The area committee shall give notice of its decision and the reasons for it in Form 4 to—
(a)the applicant and his solicitor, if any, and
(b)the justices' clerk of the magistrates' court to which the application for legal aid was made.
18.—(1) An application for a legal aid order in respect of proceedings in the Crown Court shall be made either to the appropriate officer of the Crown Court in Form 1 or
(a)orally to the Crown Court or to a magistrates' court at the conclusion of any proceedings in that magistrates' court; or
(b)where a magistrates' court has been given a notice of transfer under section 4 of the Criminal Justice Act 1987(1) (serious fraud cases), to the justices' clerk of that magistrates' court in form 1; or
(c)in the case of an appeal to the Crown Court from a magistrates' court, to the justices' clerk of that magistrates' court in Form 1; or
(d)where the applicant was granted legal aid for proceedings in the magistrates' court and was committed for trial in the Crown Court under section 6(2) of the Magistrates' Courts Act 1980(2), to the justices' clerk of the magistrates' court ordering the committal in such form as may be required; or
(e)in the case of a retrial ordered under section 7 of the Criminal Appeal Act 1968(3), orally to the court ordering the retrial,
and the appropriate officer, the court or the justices' clerk may grant or refuse the application.
(2) Where an application for a legal aid order is made orally to the court, the court may refer it to the proper officer of the court for determination.
(3) Except where the applicant is not required to furnish a statement of means under regulation 23(4), a legal aid order shall not be made on an application under paragraph (1) until the appropriate officer, the court or the justices' clerk has considered the applicant’s statement of means.
19.—(1) Where an application for a legal aid order is refused by the appropriate officer of the Crown Court, the court or a justices' clerk, the appropriate officer, the court or the justices' clerk shall notify the applicant on Form 2 that the application has been refused on one or both of the following grounds, namely, that–
(a)it does not appear to the officer, the court or the justices' clerk desirable to make an order in the interests of justice; or
(b)it appears to the officer, the court or the justices' clerk that the applicant’s disposable income and disposable capital are such that, in accordance with regulation 26(1), he is ineligible for legal aid,
and shall inform him of the circumstances in which he may renew his application.
(2) A copy of Form 2 shall be sent to the applicant and to his solicitor, if any.
20. Where the appropriate officer of the Crown Court, the court or a justices' clerk has refused to make a legal aid order, the officer, the court or the justices' clerk shall determine–
(a)the applicant’s disposable income and disposable capital, and
(b)the amount of any contribution which would have been payable and the manner in which it would be payable by the applicant or an appropriate contributor had a legal aid order been made,
and shall notify the applicant of the amounts so determined.
21.—(1) An applicant whose application under regulation 18 has been refused may renew his application either orally to the court or to the appropriate officer of the Crown Court.
(2) Where an application is renewed under paragraph (1), the applicant shall return the notice of refusal which he received under regulation 19.
(3) Where an application is renewed to the appropriate officer, he may either grant the application or refer it to a judge of the court.
(4) Where an application is renewed to the court, the court may grant or refuse the application or refer it to the appropriate officer.
(5) A judge of the court to whom an application is referred under paragraph (3) or (6), may grant or refuse the application.
(6) An appropriate officer to whom an application is referred under paragraph (4), may grant the application or refer it to a judge of the court.
(7) Except where the applicant is not required to furnish a statement of means under regulation 23(4), a legal aid order shall not be made where an application is renewed under paragraph (1) until the court or the appropriate officer has considered the applicant’s statement of means.
(8) Regulation 19 shall apply where an application is refused under this regulation as if references to a justices' clerk were omitted.
22.—(1) An application for a legal aid order in respect of proceedings in the Court of Appeal or the House of Lords may be made–
(a)orally to the Court of Appeal, to a judge of the court or the registrar, or
(b)by giving written notice of the application to the registrar in such form as he may direct.
(2) Where an application for a legal aid order is made orally to the Court of Appeal, the court may refer it to a judge of the court or the registrar for determination; and, where such an application is made orally to a judge of the court, he may refer it to the registrar for determination.
(3) Where a judge of the court refuses to make a legal aid order, the applicant may renew his application to the Court of Appeal.
(4) The registrar considering an application for a legal aid order shall–
(a)make an order; or
(b)refer the application to the Court of Appeal or to a judge of the court.
(5) A legal aid order shall not be made until–
(a)a notice of appeal or application for leave to appeal to the Court of Appeal or the House of Lords, as the case may be, has been given, and
(b)except where the applicant is not required under regulation 23(4) to furnish a statement of means, the Court of Appeal, a judge of the court or the registrar has considered the applicant’s statement of means.
(6) In making a legal aid order in respect of proceedings in the Court of Appeal, the court, a judge of the court or the registrar may specify the stage of the proceedings at which legal aid shall commence.
(7) Subject to the provisions of this regulation, the powers of the Court of Appeal to determine an application for a legal aid order may be exercised by a judge of the court or the registrar.
(8) The powers of the Court of Appeal to revoke a legal aid order may be exercised by a judge of the court or, where the legally assisted person applies for the order to be revoked, by the registrar.
1987 c. 38; section 4 was amended by the Criminal Justice Act, 1988 (c. 33), section 144(2).
1980 c. 43; section 6(2) was amended by the Criminal Justice Act 1982 (c. 48), section 61.
1968 c. 19; section 7 was amended by the Criminal Justice Act, 1988 (c. 33), section 43.