d

require advice and assistance regarding—

i

the application of the provisions in Chapter 6 of Part 12 of the Criminal Justice Act 20034 or in Chapter 2 of Part 2 of the Crime (Sentences) Act 19975, which determine when a prisoner is either entitled to be released by the Secretary of State or eligible for consideration by the Parole Board6 for a direction to be released; or

ii

the application of the provisions in Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 20007, which determine when an offender is entitled to be released by the Secretary of State;

f

require advice and assistance regarding a disciplinary hearing in a prison or young offender institution where—

i

the proceedings involve the determination of a criminal charge for the purposes of Article 6(1) of the European Convention on Human Rights; or

ii

the governor has exercised the governor’s discretion to allow advice and assistance in relation to the hearing;

3

In this regulation—

a

“governor” includes—

i

a director approved by the Secretary of State for the purposes of section 85(1)(a) of the Criminal Justice Act 19918(“the 1991 Act”); and

ii

a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act,

where the Secretary of State has entered into a contract for the running of a prison under section 84 of the 1991 Act9; and

b

“volunteer” means an individual who, for the purposes of assisting with an investigation, without having been arrested—

i

attends voluntarily at a police station, customs office or any other place where a constable is present; or

ii

accompanies a constable to a police station, customs office or any other such place.