Access to Justice Act 1999

Criminal Defence Service E+W

12 Criminal Defence Service. E+W

(1) The Commission shall establish, maintain and develop a service known as the Criminal Defence Service for the purpose of securing that individuals involved in criminal investigations or criminal proceedings have access to such advice, assistance and representation as the interests of justice require.

(2) In this Part “criminal proceedings” means—

(a) proceedings before any court for dealing with an individual accused of an offence,

(b) proceedings before any court for dealing with an individual convicted of an offence (including proceedings in respect of a sentence or order),

[F1 (c) proceedings for dealing with an individual under the Extradition Act 2003,]

(d) proceedings for binding an individual over to keep the peace or to be of good behaviour under section 115 of the M1 Magistrates’ Courts Act 1980 and for dealing with an individual who fails to comply with an order under that section,

(e) proceedings on an appeal brought by an individual under section 44A of the M2 Criminal Appeal Act 1968,

(f) proceedings for contempt committed, or alleged to have been committed, by an individual in the face of a court, and

(g) such other proceedings concerning an individual, before any such court or other body, as may be prescribed.

(3) The Commission shall fund services as part of the Criminal Defence Service in accordance with sections 13 to 15.

(4) The Commission may accredit, or authorise others to accredit, persons or bodies providing services which may be funded by the Commission as part of the Criminal Defence Service; and any system of accreditation shall include provision for the monitoring of the services provided by accredited persons and bodies and for the withdrawal of accreditation from any providing services of unsatisfactory quality.

(5) The Commission may charge—

(a) for accreditation,

(b) for monitoring the services provided by accredited persons and bodies, and

(c) for authorising accreditation by others;

and persons or bodies authorised to accredit may charge for accreditation, and for such monitoring, in accordance with the terms of their authorisation.

(6) The [F2 Lord Chancellor] may by order require the Commission to discharge the functions in subsections (4) and (5) in accordance with the order.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 12(2)(c) substituted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 182, 221; S.I. 2003/3103, art. 2 (subject to arts. 3-5)

F2 Words in s. 12 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 4(a)

Marginal Citations

M1 1980 c.43.

M2 1968 c.19.

13 Advice and assistance. E+W

(1) The Commission shall fund such advice and assistance as it considers appropriate—

(a) for individuals who are arrested and held in custody at a police station or other premises, and

[F3 (b) in prescribed circumstances, for individuals who—

(i) are not within paragraph (a) but are involved in investigations which may lead to criminal proceedings,

(ii) are before a court or other body in such proceedings, or

(iii) have been the subject of such proceedings;

and the assistance which the Commission may consider appropriate includes assistance in the form of advocacy.]

(2) The Commission may comply with the duty imposed by subsection (1) by—

(a) entering into contracts with persons or bodies for the provision of advice or assistance by them,

(b) making payments to persons or bodies in respect of the provision of advice or assistance by them,

(c) making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, advice or assistance,

(d) establishing and maintaining bodies to provide, or facilitate the provision of, advice or assistance,

(e) making grants to individuals to enable them to obtain advice or assistance,

(f) employing persons to provide advice or assistance, or

(g) doing anything else which it considers appropriate for funding advice and assistance.

(3) The [F4 Lord Chancellor] may by order require the Commission to discharge the function in subsection (2) in accordance with the order.

(4) The Commission may fund advice and assistance by different means—

(a) in different areas in England and Wales, and

(b) in relation to different descriptions of cases.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 S. 13(1)(b) and following words substituted (retrospectively) by 2001 c. 4, s. 1

F4 Words in s. 13 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 4(a)

Modifications etc. (not altering text)

C1 S. 13(2)(b) restricted (2.4.2001) by S.I. 2001/855, art. 7

14 Representation. E+W

(1) Schedule 3 (which makes provision about the grant of a right to representation in criminal proceedings) [F5 and about the provisional grant of a right to representation in prescribed circumstances] has effect; and the Commission shall fund representation to which an individual has been granted [F6 , or provisionally granted,] a right in accordance with that Schedule.

(2) Subject to the following provisions, the Commission may comply with the duty imposed by subsection (1) by—

(a) entering into contracts with persons or bodies for the provision of representation by them,

(b) making payments to persons or bodies in respect of the provision of representation by them,

(c) making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, representation,

(d) establishing and maintaining bodies to provide, or facilitate the provision of, representation,

(e) making grants to individuals to enable them to obtain representation,

(f) employing persons to provide representation, or

(g) doing anything else which it considers appropriate for funding representation.

(3) The [F7 Lord Chancellor]—

(a) shall by order make provision about the payments which may be made by the Commission in respect of any representation provided by non-contracted private practitioners, and

(b) may by order make any other provision requiring the Commission to discharge the function in subsection (2) in accordance with the order.

(4) For the purposes of subsection (3)(a) representation is provided by a non-contracted private practitioner if it is provided, otherwise than pursuant to a contract entered into by the Commission, by a person or body which is neither—

(a) a person or body in receipt of grants or loans made by the Commission as part of the Criminal Defence Service, nor

(b) the Commission itself or a body established or maintained by the Commission.

(5) The provision which the [F7 Lord Chancellor] is required to make by order under subsection (3)(a) includes provision for reviews of, or appeals against, determinations required for the purposes of the order.

(6) The Commission may fund representation by different means—

(a) in different areas in England and Wales, and

(b) in relation to different descriptions of cases.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5 Words in s. 14(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 56(2), 153; S.I. 2008/1586, art. 2, Sch. 1

F6 Words in s. 14(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 56(2), 153; S.I. 2008/1586, art. 2, Sch. 1

F7 Words in s. 14 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 4(a)

Modifications etc. (not altering text)

C2 S. 14(1) modified (temp. from 2.4.2001 until 4.4.2005) by S.I. 2001/855, art. 3(1)

C3 S. 14(2)(b) restricted (2.4.2001) by S.I. 2001/855, art. 7

15 Selection of representative. E+W

(1) An individual who has been granted [F8 , or provisionally granted,] a right to representation in accordance with Schedule 3 may select any representative or representatives willing to act for him; and, where he does so, the Commission is to comply with the duty imposed by section 14(1) by funding representation by the selected representative or representatives.

(2) Regulations may provide that in prescribed circumstances—

(a) the right conferred by subsection (1) is not to apply in cases of prescribed descriptions,

(b) an individual who has been provided with advice or assistance funded by the Commission under section 13 by a person whom he chose to provide it for him is to be taken to have selected that person as his representative pursuant to that right,

(c) that right is not to include a right to select a representative of a prescribed description,

(d) that right is to select only a representative of a prescribed description,

(e) that right is to select not more than a prescribed number of representatives to act at any one time, and

(f) that right is not to include a right to select a representative in place of a representative previously selected.

(3) Regulations under subsection (2)(b) may prescribe circumstances in which an individual is to be taken to have chosen a person to provide advice or assistance for him.

(4) Regulations under subsection (2) may not provide that only a person employed by the Commission, or by a body established and maintained by the Commission, may be selected.

(5) Regulations may provide that in prescribed circumstances the Commission is not required to fund, or to continue to fund, representation for an individual by a particular representative (but such provision shall not prejudice any right of the individual to select another representative).

(6) The circumstances which may be prescribed by regulations under subsection (2) or (5) include that a determination has been made by a prescribed body or person.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 Words in s. 15(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 56(3), 153; S.I. 2008/1586, art. 2, Sch. 1

16 Code of conduct. E+W

(1) The Commission shall prepare a code of conduct to be observed by employees of the Commission, and employees of any body established and maintained by the Commission, in the provision of services as part of the Criminal Defence Service.

(2) The code shall include—

(a) duties to avoid discrimination,

(b) duties to protect the interests of the individuals for whom services are provided,

(c) duties to the court,

(d) duties to avoid conflicts of interest, and

(e) duties of confidentiality,

and duties on employees who are members of a professional body to comply with the rules of the body.

(3) The Commission may from time to time prepare a revised version of the code.

(4) Before preparing or revising the code the Commission shall consult [F9 the Legal Services Board,] the Law Society and the General Council of the Bar and such other bodies or persons as it considers appropriate.

(5) After preparing the code or a revised version of the code the Commission shall send a copy to the [F10 Lord Chancellor] .

(6) If he approves it he shall lay it before each House of Parliament.

(7) The Commission shall publish—

(a) the code as first approved by the [F10 Lord Chancellor] , and

(b) where he approves a revised version, either the revisions or the revised code as appropriate.

(8) The code, and any revised version of the code, shall not come into force until it has been approved by a resolution of each House of Parliament.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9 Words in s. 16(4) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 128 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)

F10 Words in s. 16 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 4(a)

17 Terms of provision of funded services. E+W

(1) An individual for whom services are funded by the Commission as part of the Criminal Defence Service shall not be required to make any payment in respect of the services except where subsection (2) applies [F11 or regulations under section 17A otherwise provide].

(2) Where representation for an individual in respect of criminal proceedings in any court other than a magistrates’ court is funded by the Commission as part of the Criminal Defence Service, the court may, subject to regulations under subsection (3), make an order requiring him to pay some or all of the cost of any representation so funded for him (in proceedings in that or any other court) [F12 , except insofar as he has already been ordered under regulations under section 17A to pay that cost].

(3) Regulations may make provision about—

(a) the descriptions of individuals against whom an order under subsection (2) may be made,

(b) the circumstances in which such an order may be made and the principles to be applied in deciding whether to make such an order and the amount to be paid,

(c) the determination of the cost of representation for the purposes of the making of such an order,

(d) the furnishing of information and evidence to the court or the Commission for the purpose of enabling the court to decide whether to make such an order and (if so) the amount to be paid,

(e) prohibiting individuals who are required to furnish information or evidence from dealing with property until they have furnished the information or evidence or until a decision whether to make an order, or the amount to be paid, has been made,

(f) the person or body to which, and manner in which, payments required by such an order must be made and what that person or body is to do with them, and

(g) the enforcement of such an order F13 ....

[F14 (4) Regulations under subsection (3)(g) may in particular—

(a) make provision for costs incurred in connection with the enforcement of an order under subsection (2) to be recovered from the individual against whom the order is made;

(b) provide that any overdue sums are—

(i) recoverable summarily as a civil debt;

(ii) recoverable, if the High Court or a county court so orders on the application of the person or body to which the sums are due, as if they were payable under an order of the court in question.

(5) In this section “overdue sum” means—

(a) a sum which is unpaid after the time when it is required by an order under subsection (2) to be paid;

(b) a sum which is required to be paid under regulations made by virtue of subsection (4)(a).]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11 Words in s. 17(1) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 3(2)(a), 5(2); S.I. 2006/2491, art. 2

F12 Words in s. 17(2) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 3(2)(b), 5(2); S.I. 2006/2491, art. 2

F13 Words in s. 17(3)(g) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 152(2)(a), 178, 182, Sch. 23 (with s. 180)

F14 S. 17(4)(5) added (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 152(2)(b), 182 (with s. 180)

[F15 17A Contribution orders E+W

(1) Regulations may provide that, in prescribed circumstances, where—

(a) an individual has been granted a right to representation, and

(b) his financial resources are such as to make him liable under the regulations to do so,

the relevant authority shall order him to pay the cost of his representation or to make a contribution in respect of that cost of such amount as is fixed by or determined under the regulations.

(2) Regulations under subsection (1) may include—

(a) provision requiring the furnishing of information;

(b) provision for the determination of the cost of representation for the purposes of liability under a contribution order;

(c) provision enabling the relevant authority to require that an amount payable under a contribution order be paid by periodical payments or one or more capital sums, or both;

(d) provision for the payment by an individual of interest (on such terms as may be prescribed) in respect of—

(i) any payment in respect of the cost of representation required by a contribution order to be made by him later than the time when the representation is provided;

(ii) so much of any payment which he is required by a contribution order [F16 , or regulations made by virtue of subsection (2A)(a),] to make which remains unpaid after the time when it is required to be made;

(e) provision about the enforcement of any liability under a contribution order, F17 ...

(f) provision for the variation or revocation of contribution orders;

(g) provision for an appeal to lie to such court or other person or body as may be prescribed against a contribution order;

(h) such transitional provision as the Lord Chancellor may consider appropriate.

[F18 (2A) Enforcement regulations may in particular—

(a) make provision for costs incurred in connection with the enforcement of a contribution order to be recovered from the individual against whom the order is made;

(b) provide for the withdrawal of an individual's right to representation in certain circumstances;

(c) provide that any overdue sums are—

(i) recoverable summarily as a civil debt;

(ii) recoverable, if the High Court or a county court so orders on the application of the person or body to which the sums are due, as if they were payable under an order of the court in question;

(d) authorise a court to make motor vehicle orders in respect of an individual for the purpose of enabling any overdue sum required to be paid by that individual to be recovered by the person or body to which the sum is due.

(2B) In subsection (2A)(d)—

• “court” means the High Court, a county court or a magistrates' court;

• “motor vehicle order” means—

  (a)

  a clamping order;

  (b)

  a vehicle sale order.

(2C) A clamping order is an order—

(a) that a motor vehicle be fitted with an immobilisation device (“clamped”), and

(b) which complies with any requirements that are imposed by enforcement regulations with respect to the making of clamping orders.

(2D) A vehicle sale order is an order that—

(a) a motor vehicle which is the subject of a clamping order is to be sold or otherwise disposed of in accordance with any provision made by enforcement regulations, and

(b) any proceeds are to be applied, in accordance with enforcement regulations, in discharging the individual's liability in respect of the overdue sum.

(2E) Schedule 3A makes provision about the content of enforcement regulations if provision of the kind mentioned in subsection (2A)(d) is made.]

(3) Regulations under subsection (1) shall include provision for the repayment to an individual of any payment made by him in excess of his liability under a contribution order.

(4) Regulations under subsection (1) shall provide that an order made under the regulations may not order the payment of costs to the extent that they are already the subject of an order under section 17(2).

(5) F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20 (5A) In paragraphs 6(1) and 7(1) of Schedule 3 (information requests) the reference to regulations under paragraph 3B(3) is to be read as including a reference to regulations under this section.]

[F21 (6) In this section—

• “contribution order” means an order made under regulations under subsection (1);

• “enforcement regulations” means regulations made by virtue of subsection (2)(e);

• “immobilisation device” has the meaning given by paragraph 8 of Schedule 3A;

• “motor vehicle” has the meaning given by that paragraph;

• “overdue sum” means—

  (a)

  a sum which is unpaid after the time when it is required by a contribution order to be paid;

  (b)

  any interest which is required to be paid by regulations made by virtue of subsection (2)(d);

  (c)

  a sum which is required to be paid under regulations made by virtue of subsection (2A)(a).]]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F15 S. 17A inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 3(3), 5(2); S.I. 2006/2491, art. 2

F16 Words in s. 17A(2)(d)(ii) inserted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 152(3)(a)(i), 182(1)(d) (with s. 180)

F17 Words in s. 17A(2)(e) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 152(3)(a)(ii), 178, 182, Sch. 23 Pt. 6 (with s. 180)

F18 S. 17A(2A)-(2E) inserted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 152(3)(b), 182(1)(d) (with s. 180)

F19 S. 17A(5) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 58(2), 149, 153, Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1

F20 S. 17A(5A) inserted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 151(1), 182(1)(d) (with s. 180)

F21 S. 17A(6) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 152(3)(c), 182(1)(d) (with s. 180)

18 Funding. E+W

(1) The [F22 Lord Chancellor] shall pay to the Commission such sums as are required to meet the costs of any advice, assistance and representation funded by the Commission as part of the Criminal Defence Service.

(2) The [F22 Lord Chancellor] may—

(a) determine the manner in which and times at which the sums referred to in subsection (1) shall be paid to the Commission, and

(b) impose conditions on the payment of the sums.

(3) In funding services as part of the Criminal Defence Service the Commission shall aim to obtain the best possible value for money.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F22 Words in s. 18 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 4(a)

[F23 18A Pilot schemes E+W

(1) This section applies to the following instruments—

(a) any order under section 14 or paragraph 5 of Schedule 3,

(b) any regulations under section 12, 13, 15, 17 or 17A or any of paragraphs 1A to 5 of Schedule 3, and

(c) any regulations under section 22(5) having effect in relation to the Criminal Defence Service.

(2) Any instrument to which this section applies may be made so as to have effect for a specified period not exceeding 12 months.

(3) But if the Lord Chancellor thinks that it is necessary or expedient for either of the purposes in subsection (4), the period specified in the instrument—

(a) may in the first instance be a period not exceeding 18 months;

(b) may be varied so as to become a period not exceeding 18 months.

(4) The purposes are—

(a) ensuring the effective operation of the instrument;

(b) co-ordinating the operation of the instrument with the operation of any other provision made under an enactment relating to any aspect of the criminal justice system.

(5) The period for the time being specified in an instrument to which this section applies may also be varied so that the instrument has effect for such further period as the Lord Chancellor thinks necessary for the purpose of securing that it remains in operation until the coming into force of any order or regulations made under the same provision of this Act that will have effect—

(a) generally, or

(b) for purposes wider than those for which the instrument has effect.

(6) In the following provisions of this section “pilot scheme” means any instrument which, in accordance with subsections (2) to (5), is to have effect for a limited period.

(7) A pilot scheme may provide that its provisions are to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified descriptions of court;

(c) one or more specified offences or descriptions of offence;

(d) one or more specified classes of person;

(e) persons selected—

(i) by reference to specified criteria; or

(ii) on a sampling basis.

(8) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period (or that period as varied under subsection (3)(b) or (5)).

(9) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F23 S. 18A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 58(3), 153; S.I. 2008/1586, art. 2, Sch. 1