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The Criminal Legal Aid (Amendment) Regulations 2017

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Amendments to the Criminal Legal Aid (General) Regulations 2013

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2.—(1) Regulation 12 (prescribed conditions)(1) of 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)a review of a prisoner’s classification pursuant to rule 7 (classification of prisoners)(2) of the Prison Rules as a Category A Prisoner;

(iv)the application of rule 46 (close supervision centres)(3) of 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)the application of rule 46A (separation centres)(4) of 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)“the Prison Rules” means the Prison Rules 1999;

(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)“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)“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”.

(1)

S.I. 2013/9, amended by S.I. 2013/2790.

(2)

S.I. 1999/728, amended by S.I. 2014/2169.

(3)

As amended by S.I. 2000/1794.

(4)

As amended by S.I. 2017/576.

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