Access to Justice Act 1999

Criteria for grant of right E+W

5 (1) Any question as to whether [F1 power to grant [F2 , or provisionally grant,] a right to representation should be exercised] shall be determined according to the interests of justice. E+W

(2) In deciding what the interests of justice consist of in relation to any individual, the following factors must be taken into account—

(a) whether the individual would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer serious damage to his reputation,

(b) whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law,

(c) whether the individual may be unable to understand the proceedings or to state his own case,

(d) whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and

(e) whether it is in the interests of another person that the individual be represented.

[F3 (2A) For the purposes of sub-paragraph (2), “proceedings” includes, in the context of a provisional grant of a right to representation, proceedings that may result from the investigation in which the individual is involved.]

(3) The [F4 Lord Chancellor] may by order amend sub-paragraph (2) by adding new factors or varying any factor.

[F5 (4) Regulations may prescribe circumstances in which the grant [F6 , or provisional grant,] of a right to representation shall be taken to be in the interests of justice.]

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 Words in Sch. 3 para. 5(1) substituted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 2(3), 5(2); S.I. 2006/2491, art. 2

F2 Words in Sch. 3 para. 5(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 56(11)(a), 153; S.I. 2008/1586, art. 2, Sch. 1

F3 Sch. 3 para. 5(2A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 56(11)(b), 153; S.I. 2008/1586, art. 2, Sch. 1

F4 Words in Sch. 3 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(d)

F5 Sch. 3 para. 5(4) substituted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 2(4), 5(2); S.I. 2006/2491, art. 2

F6 Words in Sch. 3 para. 5(4) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 56(11)(c), 153; S.I. 2008/1586, art. 2, Sch. 1