PART 4Advice and assistance for criminal proceedings
Prescribed conditions12
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;
d
require advice and assistance regarding a sentence;
e
require advice and assistance regarding an application or potential application to the Criminal Cases Review Commission26;
f
require advice and assistance regarding the individual’s treatment or discipline in a prison, young offender institution or secure training centre (other than in respect of actual or contemplated proceedings regarding personal injury, death or damage to property);
g
be the subject of proceedings before the Parole Board27;
h
require advice and assistance regarding representation in relation to a mandatory life sentence or other parole review;
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 200028.
3
In this regulation “volunteer” means an individual who, for the purposes of assisting with an investigation, without having been arrested—
a
attends voluntarily at a police station, customs office or any other place where a constable is present; or
b
accompanies a constable to a police station, customs office or any other such place.