http://www.legislation.gov.uk/ukpga/2012/10/schedule/3Legal Aid, Sentencing and Punishment of Offenders Act 2012An Act to make provision about legal aid; to make further provision about funding legal services; to make provision about costs and other amounts awarded in civil and criminal proceedings; to make provision about referral fees in connection with the provision of legal services; to make provision about sentencing offenders, including provision about release on licence or otherwise; to make provision about the collection of fines and other sums; to make provision about bail and about remand otherwise than on bail; to make provision about the employment, payment and transfer of persons detained in prisons and other institutions; to make provision about penalty notices for disorderly behaviour and cautions; to make provision about the rehabilitation of offenders; to create new offences of threatening with a weapon in public or on school premises and of causing serious injury by dangerous driving; to create a new offence relating to squatting; to increase penalties for offences relating to scrap metal dealing and to create a new offence relating to payment for scrap metal; and to amend section 76 of the Criminal Justice and Immigration Act 2008.texttext/xmlenStatute Law Database2026-10-27Expert Participation2026-10-26 SCHEDULESSCHEDULE 3Legal aid for legal persons Section 31<Emphasis>Legal persons</Emphasis>1In this Schedule “legal person” means a person other than an individual.<Emphasis>Exceptional case determinations</Emphasis>21For the purposes of this Schedule, in relation to a legal person and civil legal services, advice, assistance or representation for the purposes of criminal proceedings, an exceptional case determination is a determination that sub-paragraph (2) or (3) is satisfied.2This sub-paragraph is satisfied if it is necessary to make the services available to the legal person under this Part because failure to do so would be a breach of—athe person's Convention rights (within the meaning of the Human Rights Act 1998), orbany rights of the person to the provision of legal services that are assimilated enforceable rights.3This sub-paragraph is satisfied if it is appropriate to make the services available to the legal person under this Part, in the particular circumstances of the case, having regard to any risk that failure to do so would be such a breach.<Emphasis>Civil legal aid</Emphasis>31Civil legal services are to be available to a legal person under this Part only if the Director—ahas made an exceptional case determination in relation to the person and the services, andbhas determined that the person qualifies for the services in accordance with this Part,(and has not withdrawn either determination).2Sections 11 and 12(1) apply in relation to a determination under sub-paragraph (1)(b) as they apply in relation to a determination under section 10(2)(b).3Subsections (2) to (6) of section 12 apply in relation to a determination under this paragraph as they apply in relation to a determination under section 10.4In sections 11 and 12 as applied by this paragraph, references to an individual include a legal person.<Emphasis>Advice and assistance for criminal proceedings</Emphasis>41Regulations may provide that prescribed advice and assistance is to be available under this Part to a legal person described in sub-paragraph (2) if—aprescribed conditions are met,bthe Director has made an exceptional case determination in relation to the person and the advice and assistance (and has not withdrawn that determination), andcthe Director has determined that the legal person qualifies for such advice and assistance in accordance with the regulations (and has not withdrawn that determination).2Those legal persons are—alegal persons who are involved in investigations which may lead to criminal proceedings, andblegal persons who are before a court, tribunal or other person in criminal proceedings.3Subsections (3) to (9) of section 15 apply in relation to regulations under this paragraph (and decisions made under such regulations) as they apply in relation to regulations under that section (and decisions made under such regulations).4In those subsections as applied by this paragraph, references to an individual include a legal person.5In this paragraph “assistance” includes, in particular, assistance in the form of advocacy.<Emphasis>Representation for criminal proceedings</Emphasis>51Representation for the purposes of criminal proceedings is to be available under this Part to a legal person if—athe person is a specified legal person in relation to the proceedings, orbthe proceedings involve the person resisting an appeal to the Crown Court otherwise than in an official capacity,and the conditions in sub-paragraph (2) are met.2Those conditions are that the Director—ahas made an exceptional case determination in relation to the legal person and representation for the purposes of the proceedings, andbhas determined (provisionally or otherwise) that the legal person qualifies for such representation in accordance with this Part,(and has not withdrawn either determination).3Where a legal person qualifies under this Part for representation for the purposes of criminal proceedings, representation is also to be available to the legal person for the purposes of any preliminary or incidental proceedings.4Regulations under section 16(4) and (5) apply for the purposes of sub-paragraph (3) as they apply for the purposes of section 16(3), except to the extent that the regulations provide otherwise.5Section 17(1)(b) applies in relation to an exceptional case determination under sub-paragraph (2)(a) as it applies in relation to a determination under section 16.6Paragraphs (a) and (b) of section 17(1) apply in relation to a determination under sub-paragraph (2)(b) as they apply in relation to a determination under section 16.7Subsections (2) to (7) of section 18 apply in relation to a determination under sub-paragraph (2) (and a decision in relation to the interests of justice for the purposes of such a determination) as they apply in relation to a determination under section 16 (and a decision for the purposes of such a determination).8The Director may not make a provisional determination under sub-paragraph (2)(b) unless authorised to do so by regulations under sub-paragraph (9).9Regulations may provide that the Director may make a provisional determination that a legal person qualifies under this Part for representation for the purposes of criminal proceedings where—athe legal person is involved in an investigation which may result in criminal proceedings,bthe determination is made for the purposes of criminal proceedings that may result from the investigation, andcany prescribed conditions are met.10Subsections (2) and (3) of section 20 apply in relation to regulations under sub-paragraph (9) (and determinations and decisions made under such regulations) as they apply in relation to regulations under that section (and determinations and decisions made under such regulations).11In sections 17, 18 and 20 as applied by this paragraph—areferences to an individual include a legal person,breferences to the relevant authority have effect as if they were references to the Director, andcthe reference in section 20(2)(d) to a determination made by the Director or a court in reliance on section 18 or 19 has effect as if it were a reference to a determination by the Director under sub-paragraph (2)(b) made otherwise than in reliance on regulations under sub-paragraph (9).12Regulations may prescribe circumstances in which making representation available to a legal person for the purposes of criminal proceedings is to be taken to be in the interests of justice for the purposes of a determination under this paragraph.13In this paragraph “specified legal person”, in relation to criminal proceedings, means a description of legal person specified in regulations in relation to those proceedings.<Emphasis>Financial resources</Emphasis>6Section 21 applies for the purposes of a determination under paragraph 3(1)(b) or 5(2)(b), or under regulations under paragraph 4 or 5(9), as if the references to an individual included a legal person.<Emphasis>Contributions and costs</Emphasis>7In sections 23, 24, 25 and 26 and Schedule 2, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.8In Schedule 2, references to criminal legal aid include advice, assistance and representation required to be made available under paragraph 4 or 5 of this Schedule.<Emphasis>Providers of services <Abbreviation Expansion="Et cetera" xml:lang="la">etc</Abbreviation></Emphasis>91Section 27 applies in relation to the provision of services to a legal person in accordance with this Schedule or regulations under this Schedule as it applies in relation to the provision of services to an individual under this Part.2In that section as applied by this paragraph—areferences to an individual include a legal person,bthe reference to a determination under section 16 includes a determination under paragraph 5(2)(b) of this Schedule, andcthe reference to regulations under section 15 includes regulations under paragraph 4 of this Schedule.3In sections 28, 29 and 30, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.<Emphasis>Supplementary matters</Emphasis>10In sections 34, 35 and 41(2), references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule or who is seeking the provision of such services.Words in Sch. 3 para. 2(2)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(5)