The Criminal Legal Aid (General) (Amendment) Regulations 2013

Prison law

7.—(1) The amendments made by regulation 4 do not apply to an application for advice and assistance under section 15 of the Act (advice and assistance for criminal proceedings) which is made before 2nd December 2013.

(2) For the purpose of this regulation, where the application relates to the individual’s treatment in a prison, young offender institution or secure training centre, an application is made before 2nd December 2013 if the application is—

(a) in paper form and is—

(i) signed and dated by the provider before 2nd December 2013; and

(ii) received by the Director by 5:00pm on 2nd January 2014; or

(b) made over the telephone to the provider and—

(i) the telephone call is made before 2nd December 2013; and

(ii) the application form is signed and dated by the provider and is received by the Director within 30 days of the telephone call.

(3) To the extent that paragraph (2) does not apply, an application is made before 2nd December 2013 if the application is—

(a) in paper form and is signed and dated by the individual before 2nd December 2013; or

(b) made over the telephone to the provider and—

(i) the telephone call is made before 2nd December 2013; and

(ii) the application form is signed and dated by the individual and is received by the provider within 30 days of the telephone call.

(4) In this regulation, “provider” means a person with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements) for the provision of criminal legal aid.