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The Criminal Legal Aid (General) (Amendment) Regulations 2022

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Statutory Instruments

2022 No. 1370

Legal Aid And Advice, England And Wales

The Criminal Legal Aid (General) (Amendment) Regulations 2022

Made

19th December 2022

Laid before Parliament

20th December 2022

Coming into force

17th January 2023

The Lord Chancellor, in exercise of the powers conferred by sections 14(h), 41(1)(a) and 41(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1), makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Criminal Legal Aid (General) (Amendment) Regulations 2022.

(2) These Regulations come into force on 17th January 2023.

Amendment to the Criminal Legal Aid (General) Regulations 2013

2.  After regulation 9(f) (criminal proceedings) of the Criminal Legal Aid (General) Regulations 2013(2) insert—

(fa)proceedings under sections 342H and 342I of the Sentencing Code(3) in relation to serious violence reduction orders;.

Mike Freer

Parliamentary Under Secretary of State

Ministry of Justice

19th December 2022

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend regulation 9 of the Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9) which prescribes “criminal proceedings” for the purposes of section 14(h) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

These amending Regulations add the following to the list of “criminal proceedings”: i) proceedings under section 342H of the Sentencing Act 2020 (c.17) which concern the variation, renewal and discharge of serious violence reduction orders (“SVROs”) and ii) proceedings under section 342I which concern appeals related to SVROs.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary or public sectors is foreseen.

(2)

)S.I. 2013/9, relevant amending instruments are S.I. 2015/326, S.I. 2015/472, S.I. 2015/838, S.I. 2015/1416 and S.I. 2020/8.

(3)

2020 c. 17. Pursuant to section 1 of the Sentencing Act 2020, Parts 2 to 13 of the Act make up the Sentencing Code.

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