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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Legal aid

    1. Provision of legal aid

      1. 1.Lord Chancellor’s functions

      2. 2.Arrangements

      3. 3.Standards of service

      4. 4.Director of Legal Aid Casework

      5. 5.Delegation

      6. 6.Authorisations

      7. 7.Annual report

    2. Civil legal aid

      1. 8.Civil legal services

      2. 9.General cases

      3. 10.Exceptional cases

      4. 11.Qualifying for civil legal aid

      5. 12.Determinations

    3. Criminal legal aid

      1. 13.Advice and assistance for individuals in custody

      2. 14.Criminal proceedings

      3. 15.Advice and assistance for criminal proceedings

      4. 16.Representation for criminal proceedings

      5. 17.Qualifying for representation

      6. 18.Determinations by Director

      7. 19.Determinations by court

      8. 20.Provisional determinations

    4. Financial resources

      1. 21.Financial resources

      2. 22.Information about financial resources

    5. Contributions and costs

      1. 23.Payment for services

      2. 24.Enforcement

      3. 25.Charges on property in connection with civil legal services

      4. 26.Costs in civil proceedings

    6. Providers of services etc

      1. 27.Choice of provider of services etc

      2. 28.Position of providers of services

      3. 29.Code of conduct

      4. 30.Position of other parties, courts and tribunals

    7. Supplementary

      1. 31.Legal aid for legal persons

      2. 32.Foreign law

      3. 33.Restriction on disclosure of information about financial resources

      4. 34.Restriction on disclosure of other information

      5. 35.Exceptions from restriction under section 34

      6. 36.Misrepresentation

      7. 37.Status of Director and Lord Chancellor

      8. 38.Abolition of Legal Services Commission

      9. 39.Consequential and transitional provision

      10. 40.Northern Ireland: information about financial resources

      11. 41.Orders, regulations and directions

      12. 42.Interpretation

      13. 43.Crown application

  3. Part 2 Litigation funding and costs

    1. Payments for legal services in civil cases

      1. 44.Conditional fee agreements: success fees

      2. 45.Damages-based agreements

      3. 46.Recovery of insurance premiums by way of costs

      4. 47.Recovery where body undertakes to meet costs liabilities

      5. 48.Sections 44 and 46 and diffuse mesothelioma proceedings

      6. 49.Divorce etc proceedings: orders for payment in respect of legal services

      7. 50.Divorce etc proceedings: matters to be considered by court making legal services order

      8. 51.Divorce etc proceedings: orders for sale of property

      9. 52.Dissolution etc proceedings: orders for payment in respect of legal services

      10. 53.Dissolution etc proceedings: matters to be considered by court making legal services order

      11. 54.Dissolution etc proceedings: orders for sale of property

    2. Offers to settle

      1. 55.Payment of additional amount to successful claimant

    3. Referral fees

      1. 56.Rules against referral fees

      2. 57.Effect of rules against referral fees

      3. 58.Regulation by FSA

      4. 59.Regulators and regulated persons

      5. 60.Referral fees: regulations

    4. Pro bono representation

      1. 61.Payments in respect of pro bono representation before the Supreme Court

    5. Costs in criminal cases

      1. 62.Costs in criminal cases

  4. Part 3 Sentencing and Punishment of Offenders

    1. CHAPTER 1 Sentencing

      1. General

        1. 63.Duty to consider compensation order

        2. 64.Duty to give reasons for and to explain effect of sentence

        3. 65.Sentencing where there is aggravation related to transgender identity

      2. Community orders

        1. 66.Duration of community order

        2. 67.Breach of community order

      3. Suspended sentence orders

        1. 68.Changes to powers to make suspended sentence order

        2. 69.Fine for breach of suspended sentence order

      4. Requirements under community orders and suspended sentence orders

        1. 70.Programme requirement

        2. 71.Curfew requirement

        3. 72.Foreign travel prohibition requirement

        4. 73.Mental health treatment requirement

        5. 74.Drug rehabilitation requirement

        6. 75.Alcohol treatment requirement

        7. 76.Alcohol abstinence and monitoring requirement

        8. 77.Piloting of alcohol abstinence and monitoring requirements

      5. Overseas community orders and service community orders

        1. 78.Overseas community orders and service community orders

      6. Youth sentences

        1. 79.Referral orders for young offenders

        2. 80.Breach of detention and training order

        3. 81.Youth rehabilitation order: curfew requirement

        4. 82.Youth rehabilitation order: mental health treatment requirement

        5. 83.Youth rehabilitation order: duration

        6. 84.Youth rehabilitation order: fine for breach

      7. Fines

        1. 85.Removal of limit on certain fines on conviction by magistrates’ court

        2. 86.Power to increase certain other fines on conviction by magistrates’ court

        3. 87.Power to amend standard scale of fines for summary offences

        4. 88.Withdrawal of warrants of control issued by fines officer

      8. Repeal of uncommenced provisions

        1. 89.Custody plus orders and intermittent custody orders

    2. CHAPTER 2 Bail

      1. 90.Amendment of bail enactments

    3. CHAPTER 3 Remands of children otherwise than on bail

      1. Remands

        1. 91.Remands of children otherwise than on bail

      2. Remands to local authority accommodation

        1. 92.Remands to local authority accommodation

        2. 93.Conditions etc on remands to local authority accommodation

        3. 94.Requirements for electronic monitoring

        4. 95.Requirements for electronic monitoring: extradition cases

        5. 96.Further provisions about electronic monitoring

        6. 97.Liability to arrest for breaking conditions of remand

      3. Remands to youth detention accommodation

        1. 98.First set of conditions for a remand to youth detention accommodation

        2. 99.Second set of conditions for a remand to youth detention accommodation

        3. 100.First set of conditions for a remand to youth detention accommodation: extradition cases

        4. 101.Second set of conditions for a remand to youth detention accommodation: extradition cases

        5. 102.Remands to youth detention accommodation

      4. Supplementary

        1. 103.Arrangements for remands

        2. 104.Looked after child status

        3. 105.Minor and consequential amendments

        4. 106.Regulations under this Chapter

        5. 107.Interpretation of Chapter

    4. CHAPTER 4 Release on licence etc

      1. Calculation of days to be served

        1. 108.Crediting of periods of remand in custody

        2. 109.Crediting of periods of remand on bail

        3. 110.Amendments consequential on sections 108 and 109

      2. Release

        1. 111.Prisoners serving less than 12 months

        2. 112.Restrictions on early release subject to curfew

      3. Further release after recall

        1. 113.Cancellation of revocation of licence

        2. 114.Further release after recall

      4. Other provisions about release

        1. 115.Supervision of young offenders after release

        2. 116.Miscellaneous amendments relating to release and recall

        3. 117.Replacement of transitory provisions

        4. 118.Repeal of uncommenced provisions

      5. Life sentence prisoners

        1. 119.Removal of prisoners from the United Kingdom

      6. Application and transitional provision

        1. 120.Application and transitional etc provision

      7. Simplification of existing transitional provisions

        1. 121.Simplification of existing transitional provisions

    5. CHAPTER 5 Dangerous offenders

      1. 122.Life sentence for second listed offence

      2. 123.Abolition of certain sentences for dangerous offenders

      3. 124.New extended sentences

      4. 125.New extended sentences: release on licence etc

      5. 126.Sections 123 to 125: consequential and transitory provision

      6. 127.Dangerous offenders subject to service law etc

      7. 128.Power to change test for release on licence of certain prisoners

    6. CHAPTER 6 Prisoners etc

      1. 129.Employment in prisons: deductions etc from payments to prisoners

      2. 130.Transfer of prisoners: prosecution of other offences

      3. 131.Transit of prisoners

    7. CHAPTER 7 Out of court disposals

      1. Penalty notices

        1. 132.Penalty notices for disorderly behaviour

      2. Cautions

        1. 133.Conditional cautions: involvement of prosecutors

        2. 134.Conditional cautions: removal etc of certain foreign offenders

      3. Youth cautions

        1. 135.Youth cautions

        2. 136.Youth conditional cautions: previous convictions

        3. 137.Youth conditional cautions: references to youth offending teams

        4. 138.Youth conditional cautions: involvement of prosecutors

    8. CHAPTER 8 Rehabilitation of offenders

      1. 139.Establishment or alteration of rehabilitation periods

      2. 140.No rehabilitation for certain immigration or nationality purposes

      3. 141.Transitional and consequential provision

    9. CHAPTER 9 Offences

      1. 142.Offences of threatening with article with blade or point or offensive weapon in public or on school premises

      2. 143.Offence of causing serious injury by dangerous driving

      3. 144.Offence of squatting in a residential building

      4. 145.Scrap metal dealing: increase in penalties for existing offences

      5. 146.Offence of buying scrap metal for cash etc

      6. 147.Review of offence of buying scrap metal for cash etc

      7. 148.Reasonable force for the purposes of self-defence etc

  5. Part 4 Final provisions

    1. 149.Power to make consequential and supplementary provision etc

    2. 150.Financial provision

    3. 151.Commencement

    4. 152.Extent

    5. 153.Channel Islands, Isle of Man and British overseas territories

    6. 154.Short title

    1. Schedule 1

      Civil legal services

      1. Part 1 Services

      2. Part 2 Excluded services

      3. Part 3 Advocacy: exclusion and exceptions

      4. Part 4 Interpretation

    2. Schedule 2

      Criminal legal aid: motor vehicle orders

    3. Schedule 3

      Legal aid for legal persons

    4. Schedule 4

      Transfer of employees and property etc of Legal Services Commission

      1. Part 1 Transfer of employees etc

      2. Part 2 Transfer of property etc

      3. Part 3 Supplementary

    5. Schedule 5

      Legal aid: consequential amendments

      1. Part 1 Amendments

      2. Part 2 Repeals consequential on Part 1 of this Schedule

    6. Schedule 6

      Northern Ireland: information about financial resources

    7. Schedule 7

      Costs in criminal cases

      1. Part 1 Prosecution of Offences Act 1985

      2. Part 2 Attorney General’s references

      3. Part 3 Extradition Act 2003

      4. Part 4 Savings

    8. Schedule 8

      Costs in criminal cases: service courts

      1. Part 1 Appeals from Court Martial

      2. Part 2 Appeals from Court Martial Appeal Court

      3. Part 3 Savings

    9. Schedule 9

      Changes to powers to make suspended sentence orders: consequential and transitory provision

      1. Part 1 Consequential amendments

      2. Part 2 Transitory provision

    10. Schedule 10

      Repeal of sections 181 to 188 of Criminal Justice Act 2003: consequential amendments

    11. Schedule 11

      Amendment of enactments relating to bail

    12. Schedule 12

      Remands of children otherwise than on bail: minor and consequential amendments

    13. Schedule 13

      Crediting of time in custody

      1. Part 1 Armed Forces amendments

      2. Part 2 Other amendments

    14. Schedule 14

      Prisoners serving less than 12 months: consequential amendments

    15. Schedule 15

      Application of sections 108 to 119 and transitional and transitory provision

    16. Schedule 16

      Amendments of Criminal Justice Act 2003: transitional and consequential provision

      1. Part 1 Transitional provision

      2. Part 2 Consequential amendments

    17. Schedule 17

      Criminal Justice Act 2003: restatement of transitional provision

    18. Schedule 18

      Life sentence for second listed offence etc: new Schedule 15B to Criminal Justice Act 2003

    19. Schedule 19

      Life sentence for second listed offence: consequential and transitory provision

      1. Part 1 Consequential provision

      2. Part 2 Transitory provision

    20. Schedule 20

      Release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003

    21. Schedule 21

      Abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision

      1. Part 1 Consequential provision

      2. Part 2 Transitory provision

    22. Schedule 22

      Dangerous offenders subject to service law etc

      1. Part 1 Sentences for dangerous offenders subject to service law etc

      2. Part 2 Consequential provision

      3. Part 3 Transitory provision

    23. Schedule 23

      Penalty notices for disorderly behaviour

    24. Schedule 24

      Youth cautions: consequential amendments

    25. Schedule 25

      Rehabilitation of offenders: consequential provision

      1. Part 1 Rehabilitation of offenders: general

      2. Part 2 Rehabilitation of offenders: consequential repeals

    26. Schedule 26

      Knives and offensive weapons: minor and consequential amendments

    27. Schedule 27

      Causing serious injury by dangerous driving: minor and consequential amendments

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