The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1997

Made7th August 1997

Laid before Parliament13th August 1997

Coming into force8th September 1997

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 19881, hereby makes the following Regulations:—

Citation and commencement1.

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1997 and shall come into force on 8th September 1997.

Amendment to the Legal Aid in Criminal and Care Proceedings (General) Regulations 19892.

The following shall be inserted after regulation 44(3)(a) of the Legal Aid in Criminal and Care Proceedings (General) Regulations 19892:—

“or,
(b)
in the case of proceedings under section 9 of the Extradition Act 19893 or paragraph 6 of Schedule 1 to that Act, where the court is of the opinion that, because of circumstances which make the proceedings unusually grave or difficult, representation by both solicitor and counsel would be desirable.”.

Irvine of Lairg, C.

Dated 7th August 1997

(This note is not part of the Regulations)

Section 158 of the Criminal Justice and Public Order Act 1994 changes the procedure for extradition hearings before magistrates to one similar to that for summary trials. These Regulations make consequential amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 in order to allow defendants to be represented at such hearings by counsel where appropriate.