The Criminal Legal Aid (Amendment) Regulations 2017

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations make amendments to the following subordinate criminal legal aid legislation made under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (“the Act”): (i) the Criminal Legal Aid (General) Regulations 2013 ( S.I. 2013/9 ) (the “General Regulations”); (ii) the Criminal Legal Aid (Financial Resources) Regulations 2013 ( S.I. 2013/471 ) (the “Financial Resources Regulations”); and (iii) the Criminal Legal Aid (Remuneration) Regulations ( S.I. 2013/435 ) (the “Remuneration Regulations”). The amendments made by these Regulations expand the scope of criminal legal aid to include (i) advice and assistance regarding reviews of a prisoner’s classification as a Category A Prisoner (a “Category A Prisoner” being a prisoner whose escape would be highly dangerous to the public, the police or national security, and for whom the aim is to make escape impossible); (ii) advice and assistance regarding directions as to a prisoner’s placement in a close supervision centre of a prison; (iii) advice and assistance regarding directions as to a prisoner’s placement in a separation centre within a prison; and (iv) all proceedings before the Parole Board.

Regulation 2 amends regulation 12 of the General Regulations. Regulation 12(2) of the General Regulations sets out the prescribed conditions that must be met before advice and assistance may be made available to an individual under section 15 of the Act (advice and assistance for criminal proceedings). Regulations 2(2) to (3) and 2(5) to (7) expand the prescribed conditions relating to an individual’s sentence. Regulation 2(4) expands the prescribed conditions to include all proceedings before the Parole Board.

Regulation 3 amends the Financial Resources Regulations. Regulation 7(1) of the Financial Resources Regulations sets out the categories of work for which the Director of Legal Aid Casework must make a determination that an individual’s financial resources are such that the individual is eligible for advocacy assistance under section 15(2)(c) of the Act (provided that certain additional criteria are met). Regulation 3 expands these circumstances to include reviews of an individual’s classification as a Category A Prisoner.

Regulation 4 amends Schedule 4 to the Remuneration Regulations. Schedule 4 to the Remuneration Regulations sets out the rates to be paid for advice and assistance provided pursuant to a determination made under certain provisions of the Act, including section 15 (advice and assistance for criminal proceedings). Regulation 4 amends Schedule 4 of the Remuneration Regulations in order to provide for appropriate fees for advocacy assistance for matters regarding an individual’s sentence.

Regulation 5 provides that the amendments made by these Regulations only apply to matters in which a determination under section 15 (advice and assistance for criminal proceedings) of the Act is made on or after the Regulations come into force.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published with an Explanatory Memorandum alongside the instrument on https://legislation.gov.uk .