SCHEDULES

SCHEDULE 1Civil legal services

C1Part 1Services

Annotations:
Modifications etc. (not altering text)

Sexual offences

39

1

Civil legal services provided in relation to a sexual offence, but only where—

a

the services are provided to the victim of the offence, or

b

the victim of the offence has died and the services are provided to the victim's personal representative.

2Exclusions

Sub-paragraph (1) is subject to—

a

the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, and

b

the exclusion in Part 3 of this Schedule.

Definitions

3

In this paragraph—

  • “personal representative”, in relation to an individual who has died, means—

    1. a

      a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or

    2. b

      a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;

  • “sexual offence” means—

    1. a

      an offence under a provision of the Sexual Offences Act 2003 (“the 2003 Act”), F1...

    2. b

      an offence under section 1 of the Protection of Children Act 1978 (“the 1978 Act”) (indecent photographs of children)F2, and

    3. c

      an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

4

The references in sub-paragraph (1) to a sexual offence include—

a

incitement to commit a sexual offence,

b

an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which a sexual offence is the offence which the person intended or believed would be committed,

c

conspiracy to commit a sexual offence, and

d

an attempt to commit a sexual offence.

5

In this paragraph references to a sexual offence include conduct which would be an offence under a provision of the 2003 Act or section 1 of the 1978 Act but for the fact that it took place before that provision or section came into force.

6

Conduct falls within the definition of a sexual offence for the purposes of this paragraph whether or not there have been criminal proceedings in relation to the conduct and whatever the outcome of any such proceedings.