Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

SCHEDULES

SCHEDULE 5 E+W Legal aid: consequential amendments

Part 1 E+W Amendments

Magistrates' Courts Act 1980 (c. 43) E+W

12 E+W The Magistrates' Courts Act 1980 is amended as follows.

13 E+W In section 8(4) (matters which may be contained in report of committal proceedings without an order) for paragraph (i) substitute—

“(i) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.”

14 E+W In section 8A(5) (power to make ruling at pre-trial hearing)—

(a) in paragraph (a) for the words from “to be granted” to “Criminal Defence Service” substitute “ to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b) in paragraph (b) for “the Legal Services Commission must decide whether or not to grant him that right” substitute “ the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it ”.

15 E+W In section 8C(7) (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

“(g) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.”

16 E+W In section 92(1)(b) (exception to restriction on power to impose imprisonment for default) for the words from “under section 17(2)” to “criminal case” substitute “ made by a court under regulations under section 23 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (payment by individual in respect of legal aid) ”.

17 E+W In section 130(3) (powers of alternate court on transfer of remand hearing) for the words from “all the powers” to end substitute “all of the following powers which that court would have had but for the order—

(a) powers in relation to further remand (whether in custody or on bail), and

(b) powers under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.”

18 E+W In section 145A(4) (rules about costs orders against legal representatives) for “the Legal Services Commission” substitute “ the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.