- Latest available (Revised)
- Point in Time (02/12/2013)
- Original (As made)
The Criminal Legal Aid (General) Regulations 2013
You are here:
- UK Statutory Instruments
- 2013 No. 9
- PART 4
- Regulation 12
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 12
Version Superseded: 21/02/2018
Alternative versions:
Status:
Point in time view as at 02/12/2013. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
The Criminal Legal Aid (General) Regulations 2013, Section 12 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Prescribed conditionsE+W
This section has no associated Explanatory Memorandum
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
(1)
The Criminal Cases Review Commission was established by section 8 of the Criminal Appeal Act 1995 (c. 35).
(2)
The Parole Board is constituted under section 239 of the Criminal Justice Act 2003 (c. 44).
(3)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.