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Statutory Instrument 1991 No. 637

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 637

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1991

Made11th March 1991
Laid before Parliament18th March 1991
Coming into force8th April 1991

    The Lord Chancellor, in exercise of the powers conferred on him by sections 21(5), 23, 34 and 43 of the Legal Aid Act 1988[1], and with the consent of the Treasury, hereby makes the following Regulations:-
        1.    These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1991 and shall come into force on 8th April 1991.
        2.    In these Regulations a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989[2].
        3.—(1)  In regulation 40(2) after "11" there shall be inserted ",11A".

        (2)  In Schedule 2 Part 2 -
       (a) For Form 11 there shall be substituted the following new form:-

    Legal aid Order (Magistrates' Court)
    Form 11. Reg 40
    In accordance with the Legal Aid Act 1988 the Court now grants legal aid, to for the following purpose.
      Delete (1) to (4) as necessary.

        (1)  Proceedings before a magistrates' court in connection with

        (2)  Appealing to the Crown Court against a decision of the Magistrates' Court on

        (3)  Resisting an appeal to the Crown Court against a decision of the Magistrates' Court.

        (4)  Proceedings before (both a magistrates' court and*) the Crown Court in connection with
      including, in the event of his being convicted or sentenced in those proceedings, advice and assistance in regard to the making of an appeal to the criminal division of the Court of Appeal.

      * Delete as necessary

      The legal aid granted shall consist of the following representation:-
      Magistrates' court proceedings —Solicitor/solicitor and counsel
      Crown Court Proceedings —Solicitor/solicitor and counsel/solicitor, junior counsel and Queen's Counsel/counsel only

      including advice on the preparation of the case for the proceedings.

      The solicitor/Counsel assigned is

      of

      The legally assisted person has been committed to            prison/released on bail and may be communicated with at

      Dated this            day of            19 fill;

                 (Signed)

      A contribution order of £           was made in respect of this Order.
         (b) After Form 11 there shall be added the following new form:-

    Legal aid Order (Crown Court)
    Form 11A. Reg. 40
    In accordance with the Legal Aid Act 1988 the Court now grants legal aid, to for the following purpose.
      Delete (1) to (4) as necessary.

        (1)  Appealing to the Crown Court against a decision of the Magistrates' Court on

        (2)  Resisting an appeal to the Crown Court against a decision of the Magistrates' Court.

        (3)  Proceedings before the Crown Court in connection with
      including, in the event of his being convicted or sentenced in those proceedings, advice and assistance in regard to the making of an appeal to the criminal division of the Court of Appeal.

        (4)  A retrial by the Crown Court ordered by the Court of Appeal or the House of Lords.
      The legal aid granted shall consist of the following representation:-

      Solicitor/solicitor and counsel/solicitor and Queen's Counsel/solicitor, junior counsel and Queen's Counsel/solicitor and two junior counsel/counsel only

      including advice on the preparation of the case for the proceedings.

      The solicitor/Counsel assigned is

      of

      The legally assisted person has been committed to            prison/released on bail and may be communicated with at           

      Dated this            day of            19           

                 (Signed)

      A contribution order of £           was made in respect of this order.

        4.    For the table in Schedule 4 there shall be substituted the following new table:-
      Average Weekly Disposable IncomeWeekly Contribution
      Exceeding £60 but not exceeding £65£2
      Exceeding £65 but not exceeding £69£3
      Exceeding £69 but not exceeding £73£4
      Exceeding £73 but not exceeding £77£5
      Exceeding £77 but not exceeding £81£6
      Exceeding £81 but not exceeding £85£7



Mackay of Clashfern
C.

Dated 8th March 1991
We consent,

Thomas Sackville

Irvine Patnick

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 11th March 1991





EXPLANATORY NOTE

(This note is not part of the Regulations)
    These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 by providing for a separate form for the grant of legal aid in the magistrates' court and Crown Court and by amending the scale of weekly contributions payable in criminal and care proceedings.


ISBN 0 11 013637 3



Notes:

[1] 1988 c. 34; section 34 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word "regulations".

[2] S.I. 1989/344, as amended by S.I. 1990/489.

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