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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
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Changes over time for: Section 25
Version Superseded: 01/04/2015
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- 01/01/2006- Amendment
- 10/04/2006
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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, Section 25 is up to date with all changes known to be in force on or before 15 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Proceedings for misrepresentation etc.N.I.
25.—(1) If any person seeking or receiving legal aid, advice or assistance—
(a)wilfully fails to comply with any regulations as to the information to be furnished by him; or
(b)in furnishing any information required by the regulations knowingly makes any false statement or false representation;
he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding[F1 level 5 on the standard scale] or to imprisonment for a term not exceeding three months or to both.
(2) Notwithstanding any statutory provision prescribing the period within which summary proceedings may be commenced, proceedings for an offence under paragraph (1) may be commenced at any time within the period of six months from the date on which evidence, sufficient in the opinion of the Attorney General to justify a prosecution for the offence, comes to the knowledge of the Attorney General, or within the period of twelve months after the commission of the offence, whichever period last expires.
(3) For the purposes of paragraph (2) a certificate, purporting to be signed by the Attorney General as to the date on which such evidence has as aforesaid come to the knowledge of the Attorney General, shall be conclusive evidence thereof.
(4) A county court notwithstanding any limitation imposed on the jurisdiction of a county court under any other statutory provision shall have jurisdiction to hear and determine any action brought to recover the loss sustained by the legal aid fund by reason of—
(a)the failure of a person seeking or receiving legal aid, advice or assistance to comply with any such regulations as aforesaid; or
(b)a false statement or false representation made by such a person in furnishing information for the purposes of this Part.
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