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12.—(1) The conditions set out in paragraph (2) are prescribed for the purposes of section 15(1) of the Act.
(2) The conditions are that an individual must—
(a)be the subject of an investigation which may lead to criminal proceedings;
(b)be the subject of criminal proceedings;
(c)require advice and assistance regarding an appeal or potential appeal against the outcome of any criminal proceedings or an application to vary a sentence;
[F1(d)require advice and assistance regarding—
(i)the application of the provisions in Chapter 6 of Part 12 of the Criminal Justice Act 2003 or in Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, which determine when a prisoner is either entitled to be released by the Secretary of State or eligible for consideration by the Parole Board 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 2000, which determine when an offender is entitled to be released by the Secretary of State;]
(e)require advice and assistance regarding an application or potential application to the Criminal Cases Review Commission(1);
[F2(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;]
(g)be the subject of proceedings before the Parole Board(2) [F3where the Parole Board has the power to direct that individual’s release];
F4(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)be a witness in criminal proceedings and require advice and assistance regarding self-incrimination;
(j)be a volunteer; or
(k)be detained under Schedule 7 to the Terrorism Act 2000(3).
[F5(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 1991(“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 Act; 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.]
Textual Amendments
F1Reg. 12(2)(d) substituted (2.12.2013) by The Criminal Legal Aid (General) (Amendment) Regulations 2013 (S.I. 2013/2790), regs. 1(2), 4(2) (with reg. 7)
F2Reg. 12(2)(f) substituted (2.12.2013) by The Criminal Legal Aid (General) (Amendment) Regulations 2013 (S.I. 2013/2790), regs. 1(2), 4(3) (with reg. 7)
F3Words in reg. 12(2)(g) inserted (2.12.2013) by The Criminal Legal Aid (General) (Amendment) Regulations 2013 (S.I. 2013/2790), regs. 1(2), 4(4) (with reg. 7)
F4Reg. 12(2)(h) omitted (2.12.2013) by virtue of The Criminal Legal Aid (General) (Amendment) Regulations 2013 (S.I. 2013/2790), regs. 1(2), 4(5) (with reg. 7)
F5Reg. 12(3) substituted (2.12.2013) by The Criminal Legal Aid (General) (Amendment) Regulations 2013 (S.I. 2013/2790), regs. 1(2), 4(6) (with reg. 7)
Commencement Information
The Criminal Cases Review Commission was established by section 8 of the Criminal Appeal Act 1995 (c. 35).
The Parole Board is constituted under section 239 of the Criminal Justice Act 2003 (c. 44).
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