The Criminal Legal Aid (Financial Resources) Regulations 2013

Advice and assistance: exceptions from requirement to make a determination in respect of an individual’s financial resources

5.—(1) The Director must make a determination in respect of an individual’s application for relevant advice and assistance without making a determination in respect of that individual’s financial resources.

(2) In this regulation—

“2010 Standard Crime Contract” means the contract so named between the Lord Chancellor and providers for the provision of criminal legal aid(1);

“advocacy assistance” means advocacy and assistance provided under section 15(2)(a) or (b) of the Act;

“duty solicitor” means provider who is so authorised under the 2010 Standard Crime Contract;

“relevant advice and assistance” means the following advice and assistance made available under section 15 of the Act—

(a)

advocacy assistance before a magistrates’ court or the Crown Court;

(b)

advice and assistance provided by a duty solicitor acting as such in accordance with an arrangement with the Lord Chancellor under section 2(1) of the Act;

(c)

advice and assistance provided to a volunteer during voluntary attendance;

(d)

advice and assistance provided to an individual being interviewed in connection with a serious service offence; and

(e)

advice and assistance provided to an individual who is the subject of an identification procedure carried out by means of a video recording, in connection with that procedure.

“serious service offence” means an offence under the Armed Forces Act 2006(2) which cannot be dealt with summarily; and

“volunteer” means an individual who, for the purpose of assisting with an investigation, without having been arrested—

(a)

attends voluntarily at a police station, customs office or any other place where a constable is present; or

(b)

accompanies a constable to a police station, customs office or any other such place.

(1)

A copy of the 2010 Standard Crime Contract is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.

(2)

2006 c. 52.