Statutory Instrument 2000 No. 2227

The Legal Aid Act 1988 (Modification) Regulations 2000

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© Crown Copyright 2000

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any reference to a person appearing or being brought before a magistrates' court includes a person appearing or being brought before a justices' clerk acting under section 50 of the Crime and Disorder Act 1998[2] (early administrative hearings).

Transitional provisions
     3. These Regulations shall apply to applications for legal aid made on or after 2nd October 2000, and any application for legal aid made before that date shall be treated as if these Regulations had not come into force.

Modfications to the Legal Aid Act 1988
     4.  - (1) For the purposes of the application of the Act in the circumstances set out in paragraph (2) or (3) below, the Act shall have effect as if the following provisions were omitted: - 

(a) in section 21(2), the words "Subject to subsection (5) below,";

(b) section 21(5) and (6);

(c) sections 23 and 24;

(d) section 26(3).

    (2) The circumstances in this paragraph exist where: - 

(a) a person who has been charged with an offence at a police station appears or is brought before a magistrates' court;

(b) that court is considering the grant of representation under Part V of the Act, for that or another offence; and

(c) the proposed representation does not relate to - 


(i) an offence triable only on indictment; or

(ii) any other offence for which he will be sent to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998.

    (3) The circumstances in this paragraph exist where a person appears or is brought before a youth court.



Signed by authority of the Lord Chancellor


David Lock
Parliamentary Secretary Lord Chancellor's Department

Dated 3rd July 2000



We consent


Jim Dowd

Bob Ainsworth
Two of the Lords Commissioners of Her Majesty's Treasury

Dated 10th August 2000

[2] 1998 c. 37.back