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Criminal Justice and Immigration Act 2008

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This is the original version (as it was originally enacted).

56Provisional grant of right to representation

This section has no associated Explanatory Notes

(1)Part 1 of the Access to Justice Act 1999 (c. 22) is amended as follows.

(2)In section 14(1) (representation)—

(a)after “criminal proceedings” insert “and about the provisional grant of a right to representation in prescribed circumstances”;

(b)after “granted” insert “, or provisionally granted,”.

(3)In section 15(1) (selection of representative) after “granted” insert “, or provisionally granted,”.

(4)In section 25(9) (orders, regulations and directions subject to affirmative resolution procedure) for “paragraph 2A” substitute “paragraph 1A, 2A,”.

(5)In section 26 (interpretation) after the definition of “representation” insert—

and, for the purposes of the definition of “representation”, “proceedings” includes, in the context of a provisional grant of a right to representation, proceedings that may result from the investigation concerned.

(6)After paragraph 1 of Schedule 3 (individuals to whom right may be granted) insert—

Individuals to whom right may be provisionally granted

1A(1)Regulations may provide that, in prescribed circumstances, and subject to any prescribed conditions, a right to representation may be provisionally granted to an individual where—

(a)the individual is involved in an investigation which may result in criminal proceedings, and

(b)the right is so granted for the purposes of criminal proceedings that may result from the investigation.

(2)Regulations under sub-paragraph (1) may, in particular, make provision about—

(a)the stage in an investigation at which a right to representation may be provisionally granted;

(b)the circumstances in which a right which has been so granted—

(i)is to become, or be treated as if it were, a right to representation under paragraph 1, or

(ii)is to be, or may be, withdrawn.

(7)In paragraph 2A of Schedule 3 (grant of right by Commission) at the end of sub-paragraph (1)(b) insert—

(c)provide that any provisional grant of a right to representation, or any withdrawal of a right so granted, in accordance with regulations under paragraph 1A is to be made by the Commission.

(8)In paragraph 3A(1) of Schedule 3 (form of the grant of a right to representation) after “grant” insert “, or provisional grant,”.

(9)In paragraph 3B of Schedule 3 (financial eligibility)—

(a)in sub-paragraph (1)—

(i)after “grant” insert “, or provisionally grant,”,

(ii)after “granted” insert “, or provisionally granted,”;

(b)in sub-paragraph (2)(a), after “granted” insert “, or provisionally granted,”.

(10)In paragraph 4 of Schedule 3 (appeals) at the end insert—

This paragraph does not apply in relation to any right to representation granted in accordance with paragraph 1A.

(11)In paragraph 5 of Schedule 3 (criteria for grant of right)—

(a)in sub-paragraph (1), after “grant” insert “, or provisionally grant,”;

(b)after sub-paragraph (2) insert—

(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.;

(c)in sub-paragraph (4), after “grant” insert “, or provisional grant,”.

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