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.