The Criminal Legal Aid (General) Regulations 2013

PART 3 E+W Criminal proceedings

Criminal proceedings E+W

9.  The following proceedings are criminal proceedings for the purposes of section 14(h) of the Act (criminal proceedings)—

(a) civil proceedings in a magistrates’ court arising from a failure to pay a sum due or to obey an order of that court where such failure carries the risk of imprisonment;

(b) proceedings under sections 14B, 14D, 14G, 14H, 21B and 21D of the Football Spectators Act 1989(1) in relation to banning orders and references to a court;

(c) proceedings under section 5A of the Protection from Harassment Act 1997(2) in relation to restraining orders on acquittal;

(d) proceedings under sections 1, 1D and 4 of the Crime and Disorder Act 1998(3) in relation to anti-social behaviour orders;

(e) proceedings under sections 1G and 1H of the Crime and Disorder Act 1998(4) in relation to intervention orders, in which an application for an anti-social behaviour order has been made;

(f) proceedings under section 8(1)(b) of the Crime and Disorder Act 1998(5) in relation to parenting orders made where an anti-social behaviour order or a sex offender order is made in respect of a child;

(g) proceedings under section 8(1)(c) of the Crime and Disorder Act 1998(6) in relation to parenting orders made on the conviction of a child;

(h) proceedings under section 9(5) of the Crime and Disorder Act 1998 to discharge or vary a parenting order made as set out in sub-paragraph (f) or (g);

(i) proceedings under section 10 of the Crime and Disorder Act 1998(7) in relation to an appeal against a parenting order made as set out in sub-paragraph (f) or (g);

(j) proceedings under Part 1A of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000(8) in relation to parenting orders for failure to comply with orders under section 20 of that Act;

(k) proceedings under sections 2, 5 and 6 of the Anti-social Behaviour Act 2003(9) in relation to closure orders;

(l) proceedings under sections 20, 22, 26 and 28 of the Anti-social Behaviour Act 2003(10) in relation to parenting orders—

(i) in cases of exclusion from school; or

(ii) in respect of criminal conduct and anti-social behaviour;

(m) proceedings under sections 97, 100 and 101 of the Sexual Offences Act 2003(11) in relation to notification orders and interim notification orders;

(n) proceedings under sections 104, 108(12), 109 and 110 of the Sexual Offences Act 2003 in relation to sexual offences prevention orders and interim sexual offences prevention orders;

(o) proceedings under sections 114, 118 and 119 of the Sexual Offences Act 2003 in relation to foreign travel orders;

(p) proceedings under sections 123, 125, 126 and 127 of the Sexual Offences Act 2003 in relation to risk of sexual harm orders and interim risk of sexual harm orders;

(q) proceedings under sections 3, 5, 9 and 10 of the Violent Crime Reduction Act 2006(13) in relation to drinking banning orders and interim drinking banning orders;

(r) proceedings under section 13 of the Tribunals, Courts and Enforcement Act 2007(14) on appeal against a decision of the Upper Tribunal in proceedings in respect of—

(i) a decision of the [F1 Financial Conduct Authority];

[F2 (ia) a decision of the Prudential Regulation Authority;]

(ii) a decision of the Bank of England; or

(iii) a decision of a person in relation to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008(15) or the Banking Act 2009(16);

(s) proceedings before the Crown Court or the Court of Appeal in relation to serious crime prevention orders under sections 19, 20, 21 and 24 of the Serious Crime Act 2007(17);

(t) proceedings under sections 100, 101, 103, 104 and 106 of the Criminal Justice and Immigration Act 2008(18) in relation to violent offender orders and interim violent offender orders;

(u) proceedings under sections 26, 27 and 29 of the Crime and Security Act 2010(19) in relation to—

(i) domestic violence protection notices; or

(ii) domestic violence protection orders; and

(v) any other proceedings that involve the determination of a criminal charge for the purposes of Article 6(1) of the European Convention on Human Rights.

Textual Amendments

F1 Words in reg. 9(r) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 249(a)

F2 Reg. 9(r)(ia) inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 249(b)

Commencement Information

I1 Reg. 9 in force at 1.4.2013, see reg. 1

Criminal proceedings: specified individual E+W

10.  An individual who is or may be brought before a court or tribunal in proceedings specified in regulation 9 is a specified individual for the purposes of section 16(6) of the Act (representation for criminal proceedings).

Commencement Information

I2 Reg. 10 in force at 1.4.2013, see reg. 1

(1)

1989 c. 37. Sections 14B, 14D, 14G and 14H were inserted by section 1 of, and paragraphs 1 and 2 of Schedule 1 to, the Football (Disorder) Act 2000 (c. 25). Section 14B was amended by section 52(2) of, and paragraphs 1 and 4 of Schedule 3 to, the Violent Crime Reduction Act 2006 (c. 38). Sections 21B and 21D were inserted by section 1 of, and paragraphs 1 and 4 of Schedule 1 to, the Football (Disorder) Act 2000. Section 21B was amended by section 12 of, and paragraphs 3 and 4 of the Schedule to, the Identity Documents Act 2010 (c. 40) and section 52(2) of, and paragraphs 1 and 4 of Part 1 of Schedule 3 to, the Violent Crime Reduction Act 2006 (c. 38).

(2)

1997 c. 40. Section 5A was inserted by section 12(5) of the Domestic Violence, Crime and Victims Act 2004 (c. 28).

(3)

1998 c. 37. Section 1 was amended by sections 61(1) to (5), (8) and (9)(a) and (b) and 107(2) of, and Schedule 8 to, the Police Reform Act 2002 (c. 30); sections 123(2) and 124(4) of the Criminal Justice and Immigration Act 2008 (c. 4); sections 85(1) to (4) and 92 of, and Schedule 3 to, the Anti-social Behaviour Act 2003 (c. 38); section 59(1) of the Violent Crime Reduction Act 2006 (c. 38); section 139(1) and (2) and 141(1) and (2)(a) and (b) of the Serious Organised Crime and Police Act 2005 (c. 15); and section 29(a) of the Transport for London Act 2008 (c. i); and by article 12(5)(a), (b) and (d) of S.I. 2004/1573; article 2 of, and paragraph 55 of the Schedule to, S.I. 2005/886; and article 5 of, and paragraphs 109 and 110 of Schedule 2 to, S.I. 2010/866. Section 1 will also be amended by section 40(1) and (2) of the Crime and Security Act 2010 (c. 17) at a date to be appointed. Section 1D was inserted by section 65(1) of the Police Reform Act 2002 (c.30) and amended by section 139(1) and (5) to (9) of the Serious Organised Crime and Police Act 2005 (c. 15). Section 4 has been amended by section 65(2) of the Police Reform Act 2002 (c.30); section 323(1) and (2)of the Criminal Justice Act 2003 (c. 44); and sections 139 and 140 of, and paragraph 38(3) of Schedule 6 and Schedule 7 to, the Sexual Offences Act 2003 (c. 42).

(4)

Sections 1G and 1H were inserted by section 20(1) of the Drugs Act 2005 (c. 17).

(5)

Section 8(1)(b) was amended by section 60(1) and (2) of the Violent Crime Reduction Act 2006 (c. 38).

(6)

Section 8(1)(c) will be amended by section 41(1) and (2) of the Crime and Security Act 2010 (c. 17) at a date to be appointed.

(7)

Section 10 was amended by section 15 of, and paragraphs 276 and 277 of Part 1 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4) and article 9 of S.I. 2009/871. Section 10 will also be amended by section 40(1) and (5) of the Crime and Security Act 2010 (c. 17) at a date to be appointed.

(8)

2000 c. 6. Part 1A was inserted by section 324 of, and paragraph 6 of Schedule 34 to, the Criminal Justice Act 2003 (c. 44) and amended by article 2 of and paragraph 81(b) of the Schedule to S.I. 2005/886.

(9)

2003 c. 38. Section 5 was amended by article 2 of and paragraph 98 of the Schedule to S.I. 2005/886.

(10)

Section 20 was amended by section 98 of the Education and Inspections Act 2006 (c. 40) and article 5(1) of and paragraph 52 of Part 2 of Schedule 2 to S.I. 2010/1158. Section 26 was amended by section 52 of and paragraph 54 of Schedule 14 to the Police and Justice Act 2006 (c. 48) in relation to England only. Section 28 was amended by section 52 of and paragraph 56 of Schedule 14 to the Police and Justice Act 2006 (c. 48) in relation to England only.

(11)

2003 c. 42.

(12)

Section 108 will be amended by section 17(2) of the Armed Forces Act 2011 (c. 18) at a date to be appointed.

(13)

2006 c. 38. Sections 9 and 10 are in force for specified purposes in specified areas only.

(14)

2007 c. 15.

(15)

2008 c. 2.

(16)

2009 c. 1.

(17)

2007 c. 27.

(18)

2008 c. 4.

(19)

2010 c. 17.