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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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This is the original version (as it was originally enacted).

19Determinations by court

This section has no associated Explanatory Notes

(1)Regulations may—

(a)provide that a court before which criminal proceedings take place, or are to take place, is authorised to determine whether an individual qualifies under this Part for representation for the purposes of criminal proceedings of a prescribed description, and

(b)make provision about the making and withdrawal of such determinations by a court.

(2)The regulations may, in particular, include—

(a)provision about the form and content of determinations and applications for determinations,

(b)provision permitting or requiring applications and determinations to be made and withdrawn in writing, by telephone or by other prescribed means,

(c)provision setting time limits for applications and determinations,

(d)provision enabling a court to determine that an individual qualifies under this Part for representation for the purposes of criminal proceedings before another court,

(e)provision for the powers of a magistrates’ court of any area under the regulations to be exercised by a single justice of the peace for the area, and

(f)provision about the circumstances in which a determination may or must be withdrawn.

(3)The circumstances prescribed under subsection (2)(f) may, in particular, relate to whether the individual who is the subject of the determination has complied with requirements imposed by or under this Part.

(4)The regulations must provide that, subject to prescribed exceptions, an appeal lies to such court, tribunal or other person as may be prescribed against a decision by a court that the interests of justice do not require representation to be made available, or to continue to be made available, to an individual under this Part for the purposes of criminal proceedings.

(5)The regulations may include consequential provision modifying an Act or instrument.

(6)Regulations under this section may not authorise a court to make a provisional determination and accordingly—

(a)references in this section to a determination do not include a provisional determination, and

(b)references in this section to a decision do not include a decision made as part of such a determination.

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