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(This note is not part of the Regulations)
These Regulations amend the Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9) (the “General Regulations”) and the Criminal Legal Aid (Financial Resources) Regulations 2013 (S.I. 2013/471) (the “Financial Resources Regulations”).
The amendments made by these Regulations expand the scope of criminal legal aid to include advice and assistance regarding reviews of an individual’s classification as a Restricted Status Inmate or Restricted Status Prisoner. A “Restricted Status Inmate” is a person who is required to be detained in a young offender institution and whose escape would present a serious risk to the public and a “Restricted Status Prisoner” is a prisoner whose escape would present a serious risk to the public. They also expand the scope of criminal legal aid to include advice and assistance for reviews of an inmate’s classification as a Category A Inmate (a “Category A Inmate” meaning an inmate of a young offender institution whose escape would be highly dangerous to the public, the police or national security, and for whom the aim is to make escape impossible).
Regulation 2 amends regulation 12 of the General Regulations. Regulation 12(2) of the General Regulations sets out the prescribed conditions that must be met before advice and assistance may be made available to an individual under section 15 (advice and assistance for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (“the Act”). Regulation 2 expands the prescribed conditions to include reviews of an individual’s classification as a Restricted Status Inmate, a Restricted Status Prisoner or a Category A Inmate.
Regulation 3 amends the Financial Resources Regulations. Regulation 7(1) of the Financial Resources Regulations sets out the categories of work for which the Director of Legal Aid Casework must make a determination that an individual’s financial resources are such that the individual is eligible for advocacy assistance under section 15(2)(c) of the Act (provided that certain additional criteria are met). Regulation 3 amends regulation 7(1) to include reviews of an individual’s classification as a Restricted Status Inmate, a Restricted Status Prisoner or a Category A Inmate.
Regulation 4 provides that the amendments made by these Regulations do not apply to matters in which a determination under section 15 (advice and assistance for criminal proceedings) of the Act is made before the Regulations come into force.
An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published with an Explanatory Memorandum alongside the instrument on https://legislation.gov.uk.
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