2017 No. 1319
The Criminal Legal Aid (Amendment) Regulations 2017
Made
Laid before Parliament
Coming into force
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 2(3), 15(1), 21(2) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.
In making these Regulations, in accordance with section 15(3) of that Act, the Lord Chancellor has had regard, in particular, to the interests of justice.
Citation and commencement1
These Regulations may be cited as the Criminal Legal Aid (Amendment) Regulations 2017 and come into force on 21st February 2018.
Amendments to the Criminal Legal Aid (General) Regulations 20132
1
Regulation 12 (prescribed conditions)2 of the Criminal Legal Aid (General) Regulations 2013 is amended as follows.
2
At the end of paragraph (2)(d)(i), omit “or”.
3
After paragraph (2)(d)(ii), insert—
iii
a review of a prisoner’s classification pursuant to rule 7 (classification of prisoners)3 of the Prison Rules as a Category A Prisoner;
iv
the application of rule 46 (close supervision centres)4 of the Prison Rules, which provides for directions by the Secretary of State in relation to a prisoner’s placement in a close supervision centre of a prison; or
v
the application of rule 46A (separation centres)5 of the Prison Rules, which provides for directions by the Secretary of State in relation to a prisoner’s placement in a separation centre within a prison;
4
In paragraph (2)(g), omit “where the Parole Board has the power to direct that individual’s release”.
5
Before paragraph (3)(a), insert—
za
“the Prison Rules” means the Prison Rules 1999;
zb
“Category A Prisoner” means a prisoner whose escape would be highly dangerous to the public, the police or national security, and for whom the aim is to make escape impossible;
zc
“close supervision centre” means any cell or other part of a prison designated by the Secretary of State for holding prisoners who are subject to a direction given under rule 46(1) of the Prison Rules;
6
At the end of paragraph (3)(a), omit “and”.
7
After paragraph (3)(a), insert—
aa
“separation centre” means any part of a prison for the time being used for holding prisoners who are subject to a direction under rule 46A(1) of the Prison Rules; and
Amendments to the Criminal Legal Aid (Financial Resources) Regulations 20133
1
Regulation 7 (advocacy assistance for individuals in prison)6 of the Criminal Legal Aid (Financial Resources) Regulations 2013 is amended as follows.
2
At the end of paragraph (1)(a), omit “or”.
3
At the end of paragraph (1)(b), for “,”, substitute “; or”.
4
After paragraph (1)(b), insert—
c
in relation to a review of the individual’s classification pursuant to rule 7 (classification of prisoners) of the Prison Rules 1999 as a Category A Prisoner,
5
After paragraph (2), insert—
3
In this regulation, a “Category A Prisoner” means a prisoner whose escape would be highly dangerous to the public, the police or national security, and for whom the aim is to make escape impossible.
Amendments to the Criminal Legal Aid (Remuneration) Regulations 20134
1
Paragraph 11(3) of Schedule 4 (rates payable for advice and assistance provided in prison law cases)7 to the Criminal Legal Aid (Remuneration) Regulations 2013 is amended as follows.
2
After “Advocacy Assistance in Disciplinary Cases”, insert “and Sentence Cases”.
3
For the title of the first table, substitute—
Hourly rates in Disciplinary Cases and Sentence Cases for determining application of Standard Fees
4
For the title of the second table, substitute—
Higher and Lower Standard Fees table for Disciplinary Cases and Sentence Cases
Transitional provision5
The amendments made by these Regulations do not apply to matters in which a determination under section 15 (advice and assistance for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is made before 21st February 2018.
(This note is not part of the Regulations)