Criminal Defence Service Act 2006

4 Consequential amendments E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subsection (3) applies to the following enactments—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 83(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (cases in which restriction on imposing custodial sentences on persons not legally represented in court does not apply),

(d) paragraph 5(7) of Schedule 6 to that Act (local authority residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases), and

(e) paragraph 5A(6) of that Schedule (foster parent residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases).

(3) In each of the enactments to which this subsection applies—

(a) in paragraph (a) (right to representation funded by the Legal Services Commission as part of the Criminal Defence Service withdrawn because of conduct), after “conduct” there is inserted “ or because it appeared that his financial resources were such that he was not eligible to be granted such a right ”, and

(b) for “or” at the end of that paragraph there is substituted—

“(aa) he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible to be granted a right to it; or”.

Textual Amendments

F1 S. 4(1) repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F2 S. 4(2)(a)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 53; S.I. 2012/2906, art. 2(j) (with art. 7(2)(h)(3)); S.I. 2012/2906, art. 2(j) (with art. 7(2)(h)(3))