Statutory Instrument 2000 No. 2328

The Legal Aid in Criminal and Care Proceedings (General) (Amendment No. 4) Regulations 2000

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© Crown Copyright 2000

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" "the Commission" means the Legal Services Commission established under section 1 of the Access to Justice Act 1999[3];";

(b) after the definition of "Court of Appeal" the following shall be inserted: - 

" "the Crime Franchise Panel" has the meaning given in the Legal Aid (Prescribed Panels) (Amendment) Regulations 2000[4];".

     5.  - (1) In regulation 45(1), the following shall be inserted after "Subject to": - 

" paragraph (3) and".

    (2) The following paragraph shall be inserted after regulation 45(2): - 

    " (3) The right conferred by regulation 45(1), as regards representation funded by the Commission, shall be exercisable only in relation to any solicitor who is for the time being a member of the Crime Franchise Panel in respect of the proceedings in relation to which the representation is being granted.".

     6.  - (1) In Schedule 2, in Form 1: - 

(a) paragraph 3 a) and b) shall be amended by substituting "20" for "19";

(b) in paragraphs 5 a) and 8, the references to Family Credit and Disability Working Allowance shall be deleted;

(c) the following shall be inserted after paragraph 5 d): - 


" e) I am to appear before a youth court (details of your means are not required)

(f) I have been charged with an offence at a police station which is not:


(i) triable only on indictment or

(ii) an offence for which I will be sent to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998[5],



and I am to appear before a magistrates' court (details of your means are not required)";



(d) the following paragraph shall be inserted after paragraph 8: - 

     " 9. Declaration by solicitor: (Please delete as appropriate)



a) I certify that I am a member of the Crime Franchise Panel in respect of the proceedings in relation to which this application is being made, or

b) I am not a member of the Crime Franchise Panel in respect of the proceedings in relation to which this application is being made.



I understand that only members of the Panel may provide representation funded by the Commission in respect of such proceedings.



Signed

Dated     ".

    (2) In Schedule 2, in the Welsh version of Form 1: - 

(a) paragraph 3 a) and b) shall be amended by substituting "20" for "19";

(b) in paragraphs 5 a) and 8, the words "Credyd Teulu, Lwfans Gweithio i'r Anabl," shall be deleted;

(c) the following shall be inserted after paragraph 5 d): - 


" e) Rwyf i ymddangos ger bron llys ieuenctid (nid oes angen manylion ynghylch eich amgylchiadau ariannol)

f) Rwyf wedi cael fy nghyhuddo o drosedd mewn garsaf heddlu, ac mae honno'n drosedd:


(i) na ellir ei rhoi ar brawf ond trwy dditiad neu

(ii) y câf fy anfon i Lys y Coron i sefyll fy mhrawf yn ei chylch dan adran 51 Deddf Troseddau ac Anhrefn 1998,



ac yr wyf i ymddangos gerbron llys ynadon (nid oes angen manylion ynghylch eich amgylchiadau ariannol)";



(d) the following paragraph shall be inserted after paragraph 8: - 

     " 9. Datganiad gan gyfreithiwr (dileer y naill neu'r llall)



a) Tystiaf fy mod yn aelod o'r Panel Detholfraint Troseddau mewn perthynas â'r gweithrediadau sy'n berthnasol i lunio'r cais hwn neu hwn

b) Nid wyf yn aelod o'r Panel Detholfraint Troseddau mewn perthynas â'r gweithrediadau sy'n berthnasol i lunio'r cais hwn.



Rwy'n deall mai dim ond aelodau o'r Panel sy'n gallu cyflwyno cynrychiolaeth a noddir gan y Comisiwn mewn perthynas â gweithrediadau o'r fath.



Llofnod

Dyddiedig     ".

     7. In Schedule 2, Forms 3, 11 and 11A, and the Welsh versions of those forms, shall be amended by substituting "20" for "19".

     8.  - (1) In Schedule 2, in Form 5: - 

(a) in the preamble, the references to Family Credit and Disability Working Allowance shall be deleted;

(b) in paragraph 2, in the section headed "State Benefits", the reference to unemployment benefit shall be deleted.

    (2) In Schedule 2, in the Welsh version of Form 5: - 

(a) in the preamble, the words "Credyd Teulu, Lwfans Gweithio i'r Anabl," shall be deleted;

(b) in paragraph 2, in the section headed "Budd-daliadau'r Wladwriaeth", the words "fudd-dal diweithdra" shall be deleted.

Signed by authority of the Lord Chancellor


David Lock
Parliamentary Secretary, Lord Chancellor's Department

Dated 28th August 2000

[2] S.I. 1989/344, as amended by S.I. 1995/542, 1996/1258 and 1999/2737.back

[3] 1999 c. 22.back

[4] S.I. 2000/1930.back

[5] 1998 c. 37.back