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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Section 29: Code of conduct

204.Section 29 makes provision about a code of conduct to be observed by certain types of persons when providing legal aid.

205.Subsection (1) provides that the Lord Chancellor must publish a code of conduct to be followed by civil servants and by employees of any body set up by the Lord Chancellor to provide legal aid, such as a body like the Public Defender Service that has been established by the LSC.

206.Subsection (2) provides that the code is to include the same range of duties currently listed at section 16(2) of the Access to Justice Act 1999, namely duties to avoid discrimination, duties to protect the interests of the individuals for whom services are provided, duties to the courts and tribunals, duties to avoid conflicts of interest, duties of confidentiality and duties to act in accordance with professional rules.

207.Subsection (4) provides that the persons to whom the code applies are not subject to the direction of the Lord Chancellor when they provide services. This is to ensure their independence in providing such services.

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