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The Legal Advice and Assistance Regulations 1989

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Advice and assistance in criminal proceedings in magistrates' courts

8.—(1) Arrangements under regulation 7 may provide for a solicitor who gives ABWOR in accordance with them also to give–

(a)advice to a defendant who is in custody;

(b)advice to a defendant who is before the court as a result of a failure to pay a fine or other sum which he was ordered on conviction to pay, or to obey an order of the court, where such failure may lead to his being at risk of imprisonment;

(c)advice, where in the opinion of the solicitor the defendant requires it, to a defendant who is not in custody;

(d)assistance to a defendant to make an application for representation under the Act in respect of any subsequent appearance of the defendant before the court.

(2) Advice and assistance given under this regulation shall be available without reference to the client’s financial resources.

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