The Criminal Legal Aid (Amendment) Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/1319
Year2017

2017 No. 1319

Legal Aid And Advice, England And Wales

The Criminal Legal Aid (Amendment) Regulations 2017

Made 19th December 2017

Laid before Parliament 21th December 2017

Coming into force 21th February 2018

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 2(3), 15(1), 21(2) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.

In making these Regulations, in accordance with section 15(3) of that Act, the Lord Chancellor has had regard, in particular, to the interests of justice.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Criminal Legal Aid (Amendment) Regulations 2017 and come into force on 21st February 2018.

S-2 Amendments to the Criminal Legal Aid (General) Regulations 2013

Amendments to the Criminal Legal Aid (General) Regulations 2013

2.—(1) Regulation 12 (prescribed conditions)2of the Criminal Legal Aid (General) Regulations 2013 is amended as follows.

(2) At the end of paragraph (2)(d)(i), omit “or”.

(3) After paragraph (2)(d)(ii), insert—

“(iii)

“(iii) a review of a prisoner’s classification pursuant to rule 7 (classification of prisoners)3of the Prison Rules as a Category A Prisoner;

(iv)

(iv) the application of rule 46 (close supervision centres)4of the Prison Rules, which provides for directions by the Secretary of State in relation to a prisoner’s placement in a close supervision centre of a prison; or

(v)

(v) the application of rule 46A (separation centres)5of the Prison Rules, which provides for directions by the Secretary of State in relation to a prisoner’s placement in a separation centre within a prison;”.

(4) In paragraph (2)(g), omit “where the Parole Board has the power to direct that individual’s release”.

(5) Before paragraph (3)(a), insert—

“(za)

“(za) “the Prison Rules” means the Prison Rules 1999;

(zb)

(zb) “Category A Prisoner” means 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;

(zc)

(zc) “close supervision centre” means any cell or other part of a prison designated by the Secretary of State for holding prisoners who are subject to a direction given under rule 46(1) of the Prison Rules;”.

(6) At the end of paragraph (3)(a), omit “and”.

(7) After paragraph (3)(a), insert—

“(aa)

“(aa) “separation centre” means any part of a prison for the time being used for holding prisoners who are subject to a direction under rule 46A(1) of the Prison Rules; and”.

S-3 Amendments to the Criminal Legal Aid (Financial Resources) Regulations 2013

Amendments to the Criminal Legal Aid (Financial Resources) Regulations 2013

3.—(1) Regulation 7 (advocacy assistance for individuals in prison)6of the Criminal Legal Aid (Financial Resources) Regulations 2013 is amended as follows.

(2) At the end of paragraph (1)(a), omit “or”.

(3) At the end of paragraph (1)(b), for “,”, substitute “; or”.

(4) After paragraph (1)(b), insert—

“(c)

“(c) in relation to a review of the individual’s classification pursuant to rule 7 (classification of prisoners) of the Prison Rules 1999 as a Category A Prisoner,”.

(5) After paragraph (2), insert—

S-3

“3 In this regulation, a “Category A Prisoner” means 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.”.

S-4 Amendments to the Criminal Legal Aid (Remuneration) Regulations 2013

Amendments to the Criminal Legal Aid (Remuneration) Regulations 2013

4.—(1) Paragraph...

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