PART 6Legal Persons

Legal persons: application of regulation 5I131

1

Regulation 535 applies to legal persons with the modifications in paragraphs (2) and (3).

2

For “an individual” substitute “a legal person”.

3

For “the individual” substitute “the legal person”.

Annotations:
Commencement Information
I1

Reg. 31 in force at 1.4.2013, see reg. 1

Legal persons: application of regulation 6I232

1

Regulation 636 applies to legal persons with the modification in paragraph (2).

2

For “an individual” substitute “a legal person”.

Annotations:
Commencement Information
I2

Reg. 32 in force at 1.4.2013, see reg. 1

Legal persons: prescribed advice and assistanceI333

1

The advice and assistance set out in paragraph (2) is prescribed for the purposes of paragraph 4(1) of Schedule 3 (legal aid for legal persons) to the Act.

2

The prescribed advice and assistance is advice and assistance which is provided in relation to—

a

an investigation which may lead to criminal proceedings;

b

criminal proceedings;

c

an appeal or a potential appeal against the outcome of criminal proceedings; or

d

a sentence imposed on a legal person.

Annotations:
Commencement Information
I3

Reg. 33 in force at 1.4.2013, see reg. 1

Legal persons: prescribed conditionsI434

1

The conditions set out in paragraph (2) are prescribed for the purposes of paragraph 4(1)(a) of Schedule 3 to the Act.

2

The prescribed conditions are that the legal person must be the subject of—

a

an investigation which may lead to criminal proceedings; or

b

criminal proceedings, including an appeal, potential appeal and an application to vary sentence.

Annotations:
Commencement Information
I4

Reg. 34 in force at 1.4.2013, see reg. 1

Legal persons: applications for advice and assistance for criminal proceedingsI535

1

An application by a legal person for advice and assistance37 must be made in writing to the Director.

2

The legal person must provide any additional information and documents requested by the Director in order to make a determination in relation to an application made in accordance with paragraph (1).

Annotations:
Commencement Information
I5

Reg. 35 in force at 1.4.2013, see reg. 1

Legal persons: application of Part 4 of the RegulationsI636

1

Regulations 13, 15(1)(a), (2) and (3), 16(a) to (c) and (e)(i) and 17(a) apply to legal persons with the modifications in paragraphs (2) to (4).

2

For “an individual” substitute “a legal person”.

3

For “the individual” substitute “the legal person”.

4

For “section 15 of” substitute “paragraph 4 of Schedule 3 to”.

Annotations:
Commencement Information
I6

Reg. 36 in force at 1.4.2013, see reg. 1

Legal persons: specified legal persons in relation to criminal proceedingsI737

A legal person is a specified legal person in relation to criminal proceedings if that person meets the condition prescribed in regulation 34(2)(b).

Annotations:
Commencement Information
I7

Reg. 37 in force at 1.4.2013, see reg. 1

Legal persons: applications for representationI838

1

An application by a legal person for representation38 for the purposes of criminal proceedings must be made in writing to the Director.

2

The legal person must provide any additional information and documents requested by the Director in order to make a determination in relation to an application made in accordance with paragraph (1).

Annotations:
Commencement Information
I8

Reg. 38 in force at 1.4.2013, see reg. 1

Legal persons: application of Part 5 of the RegulationsI939

1

With the exception of regulations 21, 22(1) and 25(2)(b)(ii), Part 5 of these Regulations applies39 to legal persons with the modifications in paragraphs (2) to (5).

2

For “an individual” substitute “a legal person”.

3

For “the individual” substitute “the legal person”.

4

For “that individual” substitute “that legal person”.

5

For “section 16 of” substitute “paragraph 5 of Schedule 3 to”.