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Criminal Defence Service (Advice and Assistance) Act 2001

The extent of the duty to fund advice and assistance as originally enacted

14.Section 13(1) as originally enacted provided that the Commission must fund such advice and assistance as it considers appropriate for individuals who are arrested and held in custody at a police station or other premises and for individuals involved in criminal investigations in such other circumstances as may be prescribed.

  • criminal investigations is defined for the purpose of section 13 as meaning investigations relating to offences or to individuals convicted of an offence.

15.The intention was that this advice and assistance would include some limited representation in the form of advocacy. It was intended that advocacy assistance would be available in broadly the same situations as those in which was available under the Legal Aid Act 1988 as part of the ABWOR scheme.

Part III of the Legal Aid Act 1988 and regulations made under it set out the scope of the ABWOR scheme.

16.Advocacy assistance provided under the legal aid ABWOR scheme included-

  • the duty solicitor scheme at magistrates’ courts;

  • assistance to a prisoner who has been permitted to be legally represented in disciplinary proceedings;

  • assistance to a detained person whose case is referred to the Parole Board.

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