The Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2002

Statutory Instruments

2002 No. 2785

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2002

Made

11th November 2002

Laid before Parliament

11th November 2002

Coming into force

2nd December 2002

The Lord Chancellor, in exercise of the powers conferred upon him by sections 12 and 13 of the Access to Justice Act 1999(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2002 and shall come into force on 2nd December 2002.

Amendment to the Criminal Defence Service (General) (No. 2) Regulations 2001

2.  In the Criminal Defence Service (General) (No. 2) Regulations 2001(2)—

(a) in regulation 3(2)(b) for “1, 2 and 4” substitute “1, 1D, 2, 2A and 4”(3);

(b) in regulation 5(1)—

(i) at the end of sub-paragraph (d) omit “and”; and

(ii) after sub-paragraph (e) insert:

• “; and

  (f)

  all advice and assistance provided in respect of an individual who is the subject of an identification procedure carried out by means of video recordings in connection with that procedure, notwithstanding the individual’s non-attendance at a police station at the time the procedure is carried out.”.

Signed by authority of the Lord Chancellor

Baroness Scotland of Asthal QC

Parliamentary Secretary

Lord Chancellor’s Department

Dated 11th November 2002

Explanatory Note

(This note is not part of the Regulations)

These regulations amend the Criminal Defence Service (General) (No. 2) Regulations 2001.

Regulation 2(a) provides for proceedings for interim anti-social behaviour orders and interim sex offender orders to be included as criminal proceedings for the purposes of the Criminal Defence Service, as are proceedings for anti-social behaviour orders and sex offender orders.

Regulation 2(b) provides for non-means tested advice and assistance for individuals who are the subject of identity parades conducted in their absence by means of video recordings.

(1)

1999 c. 22; amended by the Criminal Defence Service (Advice and Assistance) Act 2001 (c. 4), section 1.

(2)

S.I. 2001/1437; amended by S.I. 2002/712.

(3)

Sections 1D and 2A are inserted by, respectively, sections 65(1) and 68(1) of the Police Reform Act 2002 (c. 30).