2013 No. 2792
The Criminal Legal Aid (Contribution Orders) (Amendment) Regulations 2013
Made
Laid before Parliament
Coming into force
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 23(1), (2), (5), (9) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.
PART 1GENERAL AND AMENDMENTS
Citation and commencement1
These Regulations may be cited as the Criminal Legal Aid (Contribution Orders) (Amendment) Regulations 2013 and come into force on 27th January 2014.
Interpretation2
In these Regulations—
“the 2013 Regulations” means the Criminal Legal Aid (Contribution Orders) Regulations 20132; and
“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Amendments to the 2013 Regulations
3
The 2013 Regulations are amended as follows.
4
For regulation 6 substitute—
6
1
This Part applies where the Director has made a determination that an individual’s financial resources are such that the individual is eligible in accordance with section 21 of the Act (financial resources) for representation under section 16 of the Act (representation for criminal proceedings) in relation to Crown Court proceedings.
2
In this Part “Crown Court proceedings” means criminal proceedings—
a
in respect of an offence for which an individual may be, or has been, sent by a magistrates’ court to the Crown Court for trial;
b
relating to an offence in respect of which a bill of indictment has been preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 19333; or
c
which are to be heard in the Crown Court following an order by the Court of Appeal or the Supreme Court for a retrial.
5
1
Regulation 7 (documentary evidence of financial resources) is amended as follows.
2
For paragraph (1) substitute—
1
Where the Director has determined under section 16 of the Act that an individual qualifies for representation for the purposes of Crown Court proceedings, the Director may require that individual to provide documentary evidence in relation to their financial resources.
3
For paragraph (2) substitute—
2
The individual must provide the documentary evidence requested under paragraph (1) within 14 days of the date of that request.
4
In sub-paragraph (3)(a), after “request”, insert “under this paragraph”.
6
In regulation 8, for paragraph (1) substitute—
1
Subject to regulation 9, where the Director has determined under section 16 of the Act that an individual qualifies for representation for the purposes of Crown Court proceedings, the Director must assess the individual’s income in accordance with regulation 10 and 11.
7
In regulations 17, 25(c) and 34, for “criminal proceedings to which this Part applies” substitute “Crown Court proceedings”.
PART 2TRANSITIONAL PROVISIONS
Transitional provisions8
1
These regulations do not apply to an application by an individual for a determination under section 16 of the Act in relation to representation in Crown Court proceedings which is made before 27th January 2014.
2
For the purposes of this regulation, an application is made before 27th January if the application is signed and dated by the individual before 27th January 2014.
Signed by authority of the Lord Chancellor
(This note is not part of the Regulations)