acthub.beta

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Sections547

Legal Aid, Sentencing and Punishment of Offenders Act 2012

2012 c. 10

An Act to make provision about legal aid; to make further provision about funding legal services; to make provision about costs and other amounts awarded in civil and criminal proceedings; to make provision about referral fees in connection with the provision of legal services; to make provision about sentencing offenders, including provision about release on licence or otherwise; to make provision about the collection of fines and other sums; to make provision about bail and about remand otherwise than on bail; to make provision about the employment, payment and transfer of persons detained in prisons and other institutions; to make provision about penalty notices for disorderly behaviour and cautions; to make provision about the rehabilitation of offenders; to create new offences of threatening with a weapon in public or on school premises and of causing serious injury by dangerous driving; to create a new offence relating to squatting; to increase penalties for offences relating to scrap metal dealing and to create a new offence relating to payment for scrap metal; and to amend section 76 of the Criminal Justice and Immigration Act 2008.

Enacted[1st May 2012]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C23

Part 1  Legal aid

Financial resources

21 Financial resources

1 A person may not make a relevant determination that an individual qualifies under this Part for services unless the person has determined that the individual's financial resources are such that the individual is eligible for the services (and has not withdrawn the determination).
2 Regulations may—
a make provision about when an individual's financial resources are such that the individual is eligible under this Part for services, and
b make provision for exceptions from subsection (1).
3 Regulations may provide that an individual is to be treated, for the purposes of regulations under subsection (2), as having or not having financial resources of a prescribed description.
4 Regulations under subsection (3) may, in particular, provide that the individual is to be treated as having prescribed financial resources of a person of a prescribed description.
5 Regulations may make provision about the making and withdrawal of determinations under this section.
6 Regulations under subsection (5) may, in particular, include—
a provision about the form and content of determinations,
b provision permitting or requiring determinations to be made and withdrawn in writing, by telephone or by other prescribed means,
c provision setting time limits for determinations,
d provision about conditions which must be satisfied before a determination is made,
e provision about the circumstances in which a determination may or must be withdrawn,
f provision requiring information and documents to be provided,
g provision requiring individuals who are the subject of a determination to be informed of the reasons for making or withdrawing the determination, and
h provision for the review of a determination in respect of an individual's financial resources.
7 The circumstances prescribed under subsection (6)(e) may, in particular, relate to whether the individual who is the subject of the determination has complied with requirements imposed by or under this Part.
8 In this section “relevant determination” means a determination that is required to be carried out in accordance with this section by—
a section 11 or 17, or
b regulations under section 15 or paragraph 4 of Schedule 3.

22 Information about financial resources

1 The relevant authority may make an information request to—
a the Secretary of State,
b a relevant Northern Ireland Department, or
c the Commissioners for Her Majesty's Revenue and Customs (“the Commissioners”).
2 An information request may be made only for the purposes of facilitating a determination about an individual's financial resources for the purposes of this Part.
3 An information request made to the Secretary of State or a relevant Northern Ireland Department under this section may request the disclosure of some or all of the following information—
a a relevant individual's full name and any previous names;
b a relevant individual's address and any previous addresses;
c a relevant individual's date of birth;
d a relevant individual's national insurance number;
e a relevant individual's benefit status at a time specified in the request;
f information of a prescribed description.
4 An information request made to the Commissioners under this section may request the disclosure of some or all of the following information—
a whether or not a relevant individual is employed or was employed at a time specified in the request;
b the name and address of the employer;
c whether or not a relevant individual is carrying on a business, trade or profession or was doing so at a time specified in the request;
d the name under which it is or was carried on;
e the address of any premises used for the purposes of carrying it on;
f a relevant individual's national insurance number;
g a relevant individual's benefit status at a time specified in the request;
h information of a prescribed description.
5 The information that may be prescribed under subsections (3)(f) and (4)(h) includes, in particular, information relating to—
a prescribed income of a relevant individual for a prescribed period, and
b prescribed capital of a relevant individual.
6 Information may not be prescribed under subsection (4)(h) without the Commissioners' consent.
7 The Secretary of State, the relevant Northern Ireland Departments and the Commissioners may disclose to the relevant authority information specified in an information request made under this section.
8 In this section—
  • “benefit status”, in relation to an individual, means whether or not the individual is in receipt of a prescribed benefit or benefits and, if so—
    1. which benefit or benefits the individual is receiving,
    2. whether the individual is entitled to the benefit or benefits alone or jointly,
    3. in prescribed cases, the amount the individual is receiving by way of the benefit (or each of the benefits) (“the benefit amount”), and
    4. in prescribed cases, where the benefit consists of a number of elements, what those elements are and the amount included in respect of each element in calculating the benefit amount;
  • “the relevant authority” means—
    1. a prescribed person, or
    2. in relation to circumstances for which no person is prescribed, the Director;
  • “a relevant individual”, in relation to an information request for the purposes of a determination about an individual's financial resources, means—
    1. that individual, and
    2. any other individual whose financial resources are or may be relevant for the purposes of the determination;
  • “relevant Northern Ireland Department” means the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland.

Contributions and costs

23 Payment for services

1 An individual to whom services are made available under this Part is not to be required to make a payment in connection with the provision of the services, except where regulations provide otherwise.
2 The regulations may, in particular, provide that in prescribed circumstances an individual must do one or more of the following—
a pay the cost of the services;
b pay a contribution in respect of the cost of the services of a prescribed amount;
c pay a prescribed amount in respect of administration costs.
3 The regulations may, in particular, provide that where—
a civil legal services are provided to an individual under this Part in relation to a dispute, and
b prescribed conditions are met,
the individual must pay a prescribed amount which may exceed the cost of the civil legal services provided.
4 The regulations may, in particular, make provision about the determination of the cost of services for the purposes of the regulations.
5 The regulations may, in particular—
a provide for an individual's liability under the regulations to make a payment to change or cease in prescribed circumstances,
b provide for an individual's liability under the regulations to arise on a determination by a prescribed person,
c provide for such a determination to be varied or withdrawn by a prescribed person, and
d provide for the review of such a determination in respect of an individual's liability to make a payment.
6 The regulations may, in particular, provide that an individual is to be treated, for the purposes of the regulations, as having or not having financial resources of a prescribed description.
7 Regulations under subsection (6) may, in particular, provide that the individual is to be treated as having prescribed financial resources of a person of a prescribed description.
8 The regulations may, in particular, include provision for an amount to be payable entirely or partly—
a by periodical payments;
b by one or more lump sums;
c out of income;
d out of capital.
9 The regulations may, in particular, include—
a provision requiring information and documents to be provided,
b provision about the time and manner in which payments must be made,
c provision about the person to whom payments must be made, and
d provision about what that person must do with the payments.
10 The regulations may, in particular, make provision for the payment by an individual of interest, on such terms as may be prescribed, in respect of—
a a loan made to the individual under this Part,
b a payment in connection with the provision of services which is not required by the regulations to be made by the individual until after the time when the services are provided, and
c so much of a payment as remains unpaid after the time when it is required by the regulations to be made by the individual.
11 The regulations—
a must make provision for the repayment to an individual of any amount in excess of the individual's liability under the regulations or under section 24, and
b may make provision for the payment of interest on the excess.
12 In this section—
  • “administration costs” means costs in connection with the administration of legal aid, including the administration of charges arising under section 25;
  • “prescribed amount” includes an amount calculated in a prescribed manner.

24 Enforcement

1 Regulations may make provision about the enforcement of an obligation to make a payment imposed under section 23.
2 The regulations may, in particular, make provision for costs incurred in connection with the enforcement of an individual's obligation to make a payment to be recovered from the individual.
3 Regulations under this section may, in particular—
a provide that overdue amounts are recoverable summarily as a civil debt;
b provide that overdue amounts are recoverable as if they were payable under an order of the High Court or the county court, if the court in question so orders on the application of the person to whom the amounts are due.
4 Regulations under this section may include provision requiring information and documents to be provided.
5 Schedule 2 (criminal legal aid: motor vehicle orders) has effect.

25 Charges on property in connection with civil legal services

1 Where civil legal services are made available to an individual under this Part, the amounts described in subsection (2) are to constitute a first charge on—
a any property recovered or preserved by the individual in proceedings, or in any compromise or settlement of a dispute, in connection with which the services were provided (whether the property is recovered or preserved for the individual or another person), and
b any costs payable to the individual by another person in connection with such proceedings or such a dispute.
2 Those amounts are—
a amounts expended by the Lord Chancellor in securing the provision of the services (except to the extent that they are recovered by other means), and
b other amounts payable by the individual in connection with the services under section 23 or 24.
3 Regulations may make provision for exceptions from subsection (1).
4 Regulations may make provision about the charge under subsection (1) including, in particular—
a provision as to whether the charge is in favour of the Lord Chancellor or a person by whom the services were made available,
b provision modifying the charge for the purposes of its application in prescribed cases or circumstances, and
c provision about the enforcement of the charge.
5 Regulations under subsection (4)(c) may, in particular, include—
a provision requiring amounts recovered by the individual in proceedings or as part of a compromise or settlement of a dispute, and costs payable to the individual, to be paid to the Lord Chancellor or a person by whom the services were made available,
b provision about the time and manner in which the amounts must be paid,
c provision about what the Lord Chancellor or the person by whom the services were made available must do with the amounts,
d provision for the payment of interest on all or part of the amounts,
e provision for the payment to the individual concerned of any amount in excess of the amounts described in subsection (2), and
f provision for the enforcement of requirements described in paragraph (a).
6 Regulations under this section may include provision requiring information and documents to be provided.

26 Costs in civil proceedings

1 Costs ordered against an individual in relevant civil proceedings must not exceed the amount (if any) which it is reasonable for the individual to pay having regard to all the circumstances, including—
a the financial resources of all of the parties to the proceedings, and
b their conduct in connection with the dispute to which the proceedings relate.
2 In subsection (1) “relevant civil proceedings”, in relation to an individual, means—
a proceedings for the purposes of which civil legal services are made available to the individual under this Part, or
b if such services are made available to the individual under this Part for the purposes of only part of proceedings, that part of the proceedings.
3 Regulations may make provision for exceptions from subsection (1).
4 In assessing for the purposes of subsection (1) the financial resources of an individual to whom civil legal services are made available, the following must not be taken into account, except so far as prescribed—
a the individual's clothes and household furniture, and
b the implements of the individual's trade.
5 Subject to subsections (1) to (4), regulations may make provision about costs in relation to proceedings for the purposes of which civil legal services are made available under this Part.
6 Regulations under subsection (5) may, in particular, make provision—
a specifying the principles to be applied in determining the amount of any costs which may be awarded against a party to whom civil legal services are made available under this Part,
b limiting the circumstances in which, or the extent to which, an order for costs may be enforced against such a party,
c as to the cases in which, and the extent to which, such a party may be required to give security for costs and the manner in which it is to be given,
d requiring the payment by the Lord Chancellor of the whole or part of any costs incurred by a party to whom civil legal services are not made available under this Part,
e specifying the principles to be applied in determining the amount of costs which may be awarded to a party to whom civil legal services are made available under this Part,
f as to the court, tribunal or other person by whom the amount of any costs is to be determined, and
g as to the extent to which any determination of that amount is to be final.
7 Regulations may provide that an individual is to be treated, for the purposes of subsection (1) or regulations under subsection (3) or (5), as having or not having financial resources of a prescribed description (but such regulations have effect subject to subsection (4)).
8 Regulations under subsection (7) may, in particular, provide that the individual is to be treated as having prescribed financial resources of a person of a prescribed description.
9 Regulations under this section may include provision requiring information and documents to be provided.

Providers of services etc

27 Choice of provider of services etc

1 The Lord Chancellor's duty under section 1(1) does not include a duty to secure that, where services are made available to an individual under this Part, they are made available by the means selected by the individual.
2 The Lord Chancellor may discharge that duty, in particular, by arranging for the services to be provided by telephone or by other electronic means.
3 The Lord Chancellor's duty under section 1(1) does not include a duty to secure that, where services are made available to an individual under this Part, they are made available by a person selected by the individual, subject to subsections (4) to (10).
4 An individual who qualifies under this Part for representation for the purposes of criminal proceedings by virtue of a determination under section 16 may select any representative or representatives willing to act for the individual, subject to regulations under subsection (6).
5 Where an individual exercises that right, representation by the selected representative or representatives is to be available under this Part for the purposes of the proceedings.
6 Regulations may provide that in prescribed circumstances—
a the right conferred by subsection (4) is not to apply in cases of prescribed descriptions,
b an individual who has been provided with advice or assistance in accordance with section 13 or regulations under section 15 by a person selected by the individual is to be taken to have selected that person under subsection (4),
c the right conferred by subsection (4) is not to include a right to select a representative of a prescribed description,
d that right is to select only a representative located in a prescribed area or of a prescribed description,
e that right is to select not more than a prescribed number of representatives to act at any one time, and
f that right is not to include a right to select a representative in place of a representative previously selected.
7 Regulations under subsection (6)(b) may prescribe circumstances in which an individual is to be taken to have selected a person to provide advice or assistance.
8 Regulations may provide that in prescribed circumstances the Lord Chancellor is not required to make available representation for an individual by a prescribed representative.
9 Provision made under subsection (8) does not prejudice any right of the individual to select another representative.
10 The circumstances which may be prescribed under this section include that a determination has been made by a prescribed person.

28 Position of providers of services

1 The fact that services provided for an individual are or could be provided under arrangements made for the purposes of this Part does not affect—
a the relationship between the individual and the person by whom the services are provided,
b any privilege arising out of that relationship, or
c any right which the individual may have to be indemnified by another person in respect of expenses incurred by the individual,
except to the extent that regulations provide otherwise.
2 A person who provides services under arrangements made for the purposes of this Part must not take any payment in respect of the services apart from—
a payment made in accordance with the arrangements, and
b payment authorised by the Lord Chancellor to be taken.
3 Regulations may provide that the withdrawal of a determination that an individual qualifies for prescribed services under this Part does not affect the right of any person who has provided such services to the individual under arrangements made for the purposes of this Part to remuneration for work done before the date of the withdrawal.

29 Code of conduct

1 The Lord Chancellor must publish a code of conduct to be observed by the following persons when providing services to an individual under arrangements made for the purposes of this Part—
a civil servants, and
b employees of a body established and maintained by the Lord Chancellor.
2 The code must include—
a duties to avoid discrimination,
b duties to protect the interests of the individuals for whom services are provided,
c duties to courts and tribunals,
d duties to avoid conflicts of interest,
e duties of confidentiality, and
f duties on persons who are members of a professional body to comply with the rules of the body.
3 The Lord Chancellor must lay the code, and any revision of the code, before Parliament.
4 The persons described in subsection (1)(a) and (b) are not subject to the direction of the Lord Chancellor when providing services to an individual under arrangements made for the purposes of this Part.

30 Position of other parties, courts and tribunals

1 Except as expressly provided by regulations, any rights conferred by or under this Part on an individual for whom services are provided under this Part for the purposes of proceedings do not affect—
a the rights or liabilities of other parties to the proceedings, or
b the principles on which the discretion of a court or tribunal is normally exercised.
2 Regulations may make provision about the procedure of a court or tribunal in relation to services made available under this Part.
3 Regulations under subsection (2) may, in particular, authorise the exercise of the functions of a court or tribunal by—
a a member or officer of that court or tribunal, or
b another court or tribunal.

Supplementary

31 Legal aid for legal persons

Schedule 3 (legal aid for legal persons) has effect.

32 Foreign law

1 The civil legal services described in Part 1 of Schedule 1 do not include services relating to any law other than the law of England and Wales, except—
a where express provision to the contrary is made by or under Part 1 of Schedule 1;
b where such law is relevant for determining any issue relating to the law of England and Wales;
c in other circumstances specified by the Lord Chancellor by order.
2 A determination by the Director or a court under section 13, 15 or 16 that an individual qualifies for advice, assistance or representation under this Part does not impose a duty on the Lord Chancellor to secure that services relating to any law other than the law of England and Wales are made available, except—
a where such law is relevant for determining any issue relating to the law of England and Wales;
b in other circumstances specified by the Lord Chancellor by order.
3 The Lord Chancellor may not make an order under subsection (1) or (2) unless the Lord Chancellor considers—
a that it is necessary to make the order because failure to do so would result in a breach of—
i an individual's Convention rights (within the meaning of the Human Rights Act 1998), or
ii any rights of an individual to the provision of legal services that are assimilated enforceable rights, or
b that it is appropriate to make the order having regard to any risk that failure to do so would result in such a breach.

33 Restriction on disclosure of information about financial resources

1 A person to whom information is disclosed under section 22 or this subsection may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating a determination in respect of an individual's financial resources that is required under section 21.
2 A person to whom such information is disclosed must not—
a disclose the information other than in accordance with subsection (1), or
b use the information other than for the purpose of facilitating a determination described in subsection (1).
3 Subsection (2) does not prevent—
a the disclosure of information in accordance with an enactment or an order of a court,
b the disclosure of information for the purposes of the investigation or prosecution of an offence (or suspected offence) under the law of England and Wales or Northern Ireland or any other jurisdiction, except where regulations otherwise provide,
c the disclosure of information for the purposes of instituting, or otherwise for the purposes of, proceedings before a court, or
d the disclosure of information which has previously been lawfully disclosed to the public.
4 A person who discloses or uses information in contravention of this section is guilty of an offence and liable—
a on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);
b on summary conviction—
i in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum (or both), and
ii in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).
5 It is a defence for a person charged with an offence under this section to prove that the person reasonably believed that the disclosure or use was lawful.
6 In this section “enactment” includes—
a an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
b an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation.
7 In relation to an offence under this section committed before 2 May 2022, the reference in subsection (4)(b)(i) to the general limit in a magistrates’ court has effect as if it were a reference to 6 months.

34 Restriction on disclosure of other information

1 This section applies to information that is provided—
a to the Lord Chancellor, the Director, a court, a tribunal or any other person on whom functions are imposed or conferred by or under this Part, and
b in connection with the case of an individual seeking or receiving services provided under arrangements made for the purposes of this Part.
2 Such information must not be disclosed, subject to the exceptions in section 35.
3 A person who discloses information in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4 It is a defence for a person charged with an offence under this section to prove that the person reasonably believed that the disclosure was lawful.
5 Proceedings for an offence under this section may not be brought without the consent of the Director of Public Prosecutions.
6 Nothing in this section applies to information if—
a it is provided to a person providing services under arrangements made for the purposes of this Part, and
b it is provided by or on behalf of an individual seeking or receiving the services.
7 Nothing in this section applies to information to which section 33 applies.

35 Exceptions from restriction under section 34

1 Section 34(2) does not prevent the disclosure of information—
a for the purpose of enabling or assisting the Lord Chancellor or the Secretary of State for Justice to carry out their functions (whether conferred or imposed by an Act or otherwise),
b for the purpose of enabling or assisting the Director to carry out functions imposed or conferred on the Director by or under this Part, or
c for the purpose of enabling or assisting a court, tribunal or other person on whom functions are imposed or conferred by or under this Part to carry out those functions.
2 Section 34(2) does not prevent—
a the disclosure of information in accordance with the law of England and Wales or an order of a court,
b the disclosure of information for the purposes of the investigation or prosecution of an offence (or suspected offence) under the law of England and Wales or any other jurisdiction, except where regulations otherwise provide,
c the disclosure of information for the purposes of instituting, or otherwise for the purposes of, proceedings before a court,
d the disclosure of information which has previously been lawfully disclosed to the public, or
e the disclosure of information for the purpose of facilitating the proper performance by a tribunal of disciplinary functions.
3 Section 34(2) does not prevent the disclosure of—
a information in the form of a summary or collection of information that is framed so that information relating to an individual cannot be ascertained from it, or
b information about the amount of any grant, loan or other payment made to a person by the Lord Chancellor under arrangements made for the purposes of this Part.
4 Section 34(2) does not prevent the disclosure of information for any purpose—
a with the consent of the individual in connection with whose case it was provided, and
b if the information was provided other than by that individual, with the consent of the person who provided the information.
5 Section 34(2) does not prevent the disclosure of information after the end of the restricted period if—
a the disclosure is by a person who is a public authority for the purposes of the Freedom of Information Act 2000 or who is acting on behalf of such a person, and
b the information is not held by the public authority on behalf of another person.
6 The restricted period is the period of 100 years beginning with the end of the calendar year in which a record containing the information was first created by a person to whom the information was provided in connection with a case described in section 34(1)(b).

36 Misrepresentation

1 This section applies where a person—
a intentionally fails to comply with a requirement imposed by or under this Part to provide documents or information, or
b in providing documents or information in accordance with such a requirement, makes a statement or representation knowing or believing it to be false.
2 The person is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3 Proceedings in respect of an offence under this section may (despite anything in the Magistrates' Courts Act 1980) be brought at any time within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify a prosecution comes to the prosecutor's knowledge.
4 Subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.
5 The county court is to have jurisdiction to hear and determine an action brought by the Lord Chancellor to recover loss sustained by reason of—
a the failure by a person to comply with a requirement imposed by or under this Part to provide documents or information, or
b a false statement or false representation made by a person in providing documents or information in accordance with such a requirement.

37 Status of Director and Lord Chancellor

1 The Director is to carry out the functions of the office on behalf of the Crown.
2 Service as the Director is service in the civil service of the State.
3 The Lord Chancellor is to be treated as a corporation sole—
a for all purposes relating to the acquisition, holding, management and disposal of property and interests in property under this Part, and
b for all other purposes relating to the Lord Chancellor's functions in connection with legal aid and other functions under this Part.
4 An instrument in connection with the acquisition, holding, management or disposal by the Lord Chancellor of property or an interest in property under this Part or for a purpose mentioned in subsection (3)(b) may be executed on the Lord Chancellor's behalf by a person authorised by the Lord Chancellor for that purpose.
5 Any such instrument purporting to have been executed by the Lord Chancellor or on the Lord Chancellor's behalf is to be received in evidence and, unless the contrary is proved, to be treated as having been so executed.

I6938 Abolition of Legal Services Commission

1 The Legal Services Commission ceases to exist.
2 Schedule 4 (transfer of employees and property etc of Legal Services Commission) has effect.
3 The Lord Chancellor must, as soon as practicable after subsection (1) comes into force—
a prepare a report on how the Legal Services Commission has carried out its functions in the final period,
b lay a copy of the report before Parliament, and
c once it has been laid, publish the report.
4 The Lord Chancellor must, as soon as practicable after subsection (1) comes into force—
a prepare a statement of accounts for the Legal Services Commission for the final period, and
b send a copy of the statement to the Comptroller and Auditor General.
5 The Comptroller and Auditor General must—
a examine, certify and report on the statement, and
b arrange for a copy of the statement and the report to be laid before Parliament.
6 In this section—
  • “the final period” means the period—
    1. beginning with end of the last financial year for which the Legal Services Commission produced a report and accounts in accordance with paragraphs 14 and 16 of Schedule 1 to the Access to Justice Act 1999, and
    2. ending immediately before the day on which subsection (1) comes into force;
  • “financial year” means a period of 12 months ending with 31 March.

39 Consequential and transitional provision

1 Schedule 5 (legal aid: consequential amendments) has effect.
2 Where the Lord Chancellor considers it appropriate as part of the arrangements for effecting the transition from the operation of Part 1 of the Access to Justice Act 1999 to the operation of this Part of this Act, the Lord Chancellor may by regulations make provision requiring or enabling prescribed 1999 Act services to be made available to individuals or other persons under this Part for a period specified or described in the regulations.
3 In subsection (2) “1999 Act services” means services which, immediately before the day on which the first regulations under that subsection come into force, may be funded under Part 1 of the Access to Justice Act 1999.
4 Where the Lord Chancellor considers it appropriate for the Legal Services Commission to cease to exist before this Part is brought fully into force, the Lord Chancellor may by regulations make provision for the purpose of requiring or enabling the Lord Chancellor and the Director, or persons authorised by the Lord Chancellor or the Director, to carry out LSC functions for a period specified or described in the regulations.
5 In subsection (4) “LSC functions” means functions conferred or imposed on the Legal Services Commission by or under Part 1 of the Access to Justice Act 1999.
6 Regulations under subsection (4) may not include provision requiring or enabling the Lord Chancellor—
a to take decisions about whether services should be funded in individual cases, or
b to give directions or guidance about the carrying out of functions under Part 1 of the Access to Justice Act 1999 in relation to individual cases.
7 Regulations under this section—
a may amend, repeal, revoke or otherwise modify Part 1 of the Access to Justice Act 1999, this Part of this Act, any other Act and any instrument made under an Act;
b may describe a period, in particular, by reference to the coming into force of a provision of this Part of this Act or the repeal of a provision of Part 1 of the Access to Justice Act 1999.
8 The requirement for regulations under this section to specify or describe a period does not prevent the making of further regulations under this section.
9 The powers to make regulations under this section are without prejudice to the generality of the powers to make regulations under the other provisions of this Part and under section 149.
10 In this section “Act” includes an Act or Measure of the National Assembly for Wales.

40 Northern Ireland: information about financial resources

Schedule 6 (Northern Ireland: information about financial resources) has effect.

41 Orders, regulations and directions

1 Orders, regulations and directions under this Part—
a may make different provision for different cases, circumstances or areas,
b may make provision generally or only for specified cases, circumstances or areas, and
c may make provision having effect for a period specified or described in the order, regulations or direction.
2 They may, in particular, make provision by reference to—
a services provided for the purposes of proceedings before a particular court, tribunal or other person,
b services provided for a particular class of individual, or
c services provided for individuals selected by reference to particular criteria or on a sampling basis.
3 Orders and regulations under this Part—
a may provide for a person to exercise a discretion in dealing with any matter,
b may make provision by reference to a document produced by any person, and
c may make consequential, supplementary, incidental, transitional or saving provision.
4 Orders and regulations under this Part are to be made by statutory instrument.
5 A statutory instrument containing an order or regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament, unless it is an instrument described in subsection (6) or (9).
6 A statutory instrument containing an order or regulations listed in subsection (7) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
7 Those orders and regulations are—
a orders under section 9;
b regulations under section 11(1)(b), other than regulations in respect of which the Lord Chancellor has made an urgency statement;
c regulations under section 13(8);
d orders under section 17(3);
e regulations under section 18(7);
f regulations under section 19;
g regulations under section 20;
h regulations under section 22;
i regulations under section 26(3) or (6)(b) or (d);
j regulations under section 27(6)(a) or (8);
k regulations under section 39 that amend or repeal a provision of an Act (as defined in that section), other than regulations revoking such regulations or inserting or repealing provision previously repealed or inserted by such regulations;
l regulations under paragraph 5(9) of Schedule 3;
m regulations under paragraph 11 of Schedule 4 that amend or repeal a provision of an Act (as defined in that Schedule).
8 An urgency statement is a statement that the Lord Chancellor considers that it is desirable for the regulations to come into force without delay for the reasons given in the statement.
9 Where a statutory instrument contains regulations under section 11(1)(b) in respect of which the Lord Chancellor has made an urgency statement—
a the regulations may not come into force before the instrument and the statement are laid before Parliament, and
b the regulations cease to have effect at the end of the period of 120 days beginning with the day on which the instrument is made unless the instrument is approved by a resolution of each House of Parliament before the end of that period.
10 In reckoning the period of 120 days no account is to be taken of any time—
a during which Parliament is dissolved or prorogued, or
b during which both Houses are adjourned for more than 4 days.
11 Where regulations cease to have effect under subsection (9) that does not affect—
a anything previously done in reliance on the regulations, or
b the making of further regulations.

42 Interpretation

1 In this Part—
  • “advocacy” means the exercise of a right of audience before a court, tribunal or other person;
  • “assimilated enforceable right” means a right (as modified from time to time) which forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
  • “civil legal services” has the meaning given in section 8;
  • “civil servant” means an individual employed in the civil service of the State;
  • “criminal proceedings” has the meaning given in section 14;
  • “the Director” means the Director of Legal Aid Casework;
  • “functions” includes powers and duties;
  • “legal aid” has the meaning given in section 1;
  • “legal proceedings” means proceedings before a court or tribunal;
  • “legal services” has the meaning given in section 8;
  • “modify”, in relation to an Act or instrument, includes amend, repeal or revoke and related terms are to be interpreted accordingly;
  • “prescribed” means prescribed by regulations (except in Schedule 6) and related terms are to be interpreted accordingly;
  • “regulations” means regulations made by the Lord Chancellor (except in Schedule 6);
  • “remuneration” includes disbursements;
  • “representation” means representation for the purposes of proceedings and includes—
    1. the advice and assistance which is usually given by a representative in the steps preliminary or incidental to proceedings, and
    2. subject to any time limits which may be prescribed, advice and assistance as to any appeal.
  • F19...
2 In this Part references to proceedings are to be interpreted in accordance with section 20(3).

43 Crown application

This Part binds the Crown.

Part 2  Litigation funding and costs

Offers to settle

55 Payment of additional amount to successful claimant

1 Rules of court may make provision for a court to order a defendant in civil proceedings to pay an additional amount to a claimant in those proceedings where—
a the claim is a claim for (and only for) an amount of money,
b judgment is given in favour of the claimant,
c the judgment in respect of the claim is at least as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules, and
d any prescribed conditions are satisfied.
2 Rules made under subsection (1) may include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle.
3 In subsection (1) “additional amount” means an amount not exceeding a prescribed percentage of the amount awarded to the claimant by the court (excluding any amount awarded in respect of the claimant's costs).
4 The Lord Chancellor may by order provide that rules of court may make provision for a court to order a defendant in civil proceedings to pay an amount calculated in a prescribed manner to a claimant in those proceedings where—
a the claim is or includes a non-monetary claim,
b judgment is given in favour of the claimant,
c the judgment in respect of the claim is at least as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules, and
d any prescribed conditions are satisfied.
5 An order under subsection (4) must provide for the amount to be calculated by reference to one or more of the following—
a any costs ordered by the court to be paid to the claimant by the defendant in the proceedings;
b any amount awarded to the claimant by the court in respect of so much of the claim as is for an amount of money (excluding any amount awarded in respect of the claimant's costs);
c the value of any non-monetary benefit awarded to the claimant.
6 An order under subsection (4)—
a must provide that rules made under the order may include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle, and
b may provide that such rules may make provision as to the calculation of the value of a non-monetary benefit awarded to a claimant.
7 Conditions prescribed under subsection (1)(d) or (4)(d) may, in particular, include conditions relating to—
a the nature of the claim;
b the amount of money awarded to the claimant;
c the value of the non-monetary benefit awarded to the claimant.
8 Orders under this section are to be made by the Lord Chancellor by statutory instrument.
9 A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
10 Rules of court and orders made under this section may make different provision in relation to different cases.
11 In this section—
  • “civil proceedings” means proceedings to which rules of court made under the Civil Procedure Act 1997 apply;
  • “non-monetary claim” means a claim for a benefit other than an amount of money;
  • “prescribed” means prescribed by order made by the Lord Chancellor.

Referral fees

56 Rules against referral fees

1 A regulated person is in breach of this section if—
a the regulated person refers prescribed legal business to another person and is paid or has been paid for the referral, or
b prescribed legal business is referred to the regulated person, and the regulated person pays or has paid for the referral.
2 A regulated person is also in breach of this section if in providing legal services in the course of prescribed legal business the regulated person—
a arranges for another person to provide services to the client, and
b is paid or has been paid for making the arrangement.
3 Section 59 defines “regulated person”.
4 “Prescribed legal business” means business that involves the provision of legal services to a client, where—
a the legal services relate to a claim or potential claim for damages for personal injury or death,
b the legal services relate to any other claim or potential claim for damages arising out of circumstances involving personal injury or death, or
c the business is of a description specified in regulations made by the Lord Chancellor.
5 There is a referral of prescribed legal business if—
a a person provides information to another,
b it is information that a provider of legal services would need to make an offer to the client to provide relevant services, and
c the person providing the information is not the client;
and “relevant services” means any of the legal services that the business involves.
6 “Legal services” means services provided by a person which consist of or include legal activities (within the meaning of the Legal Services Act 2007) carried on by or on behalf of that person; and a provider of legal services is a person authorised to carry on a reserved legal activity within the meaning of that Act.
7 “Client”—
a where subsection (4)(a) applies, means the person who makes or would make the claim;
b where subsection (4)(c) applies, has the meaning given by the regulations.
8 Payment includes any form of consideration whether any benefit is received by the regulated person or by a third party (but does not include the provision of hospitality that is reasonable in the circumstances).

C2057 Effect of rules against referral fees

1 The relevant regulator must ensure that it has appropriate arrangements for monitoring and enforcing the restrictions imposed on regulated persons by section 56.
2 A regulator may make rules for the purposes of subsection (1).
3 The rules may in particular provide for the relevant regulator to exercise in relation to anything done in breach of that section any powers (subject to subsections (5) and (6)) that the regulator would have in relation to anything done by the regulated person in breach of another restriction.
4 Where the relevant regulator is the Financial Conduct Authority, section 58 applies instead of subsections (1) to (3) (and (7) to (9)).
5 A breach of section 56—
a does not make a person guilty of an offence, and
b does not give rise to a right of action for breach of statutory duty.
6 A breach of section 56 does not make anything void or unenforceable, but a contract to make or pay for a referral or arrangement in breach of that section is unenforceable.
7 Subsection (8) applies in a case where—
a a referral of prescribed legal business has been made by or to a regulated person, or
b a regulated person has made an arrangement as mentioned in section 56(2)(a),
and it appears to the regulator that a payment made to or by the regulated person may be a payment for the referral or for making the arrangement (a “referral fee”).
8 Rules under subsection (2) may provide for the payment to be treated as a referral fee unless the regulated person shows that the payment was made—
a as consideration for the provision of services, or
b for another reason,
and not as a referral fee.
9 For the purposes of provision made by virtue of subsection (8) a payment that would otherwise be regarded as consideration for the provision of services of any description may be treated as a referral fee if it exceeds the amount specified in relation to services of that description in regulations made by the Lord Chancellor.

58 Regulation by FCA

1 The Treasury may make regulations to enable the Financial Conduct Authority, where it is the relevant regulator, to take action for monitoring and enforcing compliance with the restrictions imposed on regulated persons by section 56.
2 The regulations may apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000 with or without modification.
3 Those provisions include in particular—
a provisions as to investigations, including powers of entry and search and criminal offences;
b provisions for the grant of an injunction in relation to a contravention or anticipated contravention;
c provisions giving Ministers or the Financial Conduct Authority powers to make subordinate legislation;
d provisions for the Financial Conduct Authority to charge fees.
4 The regulations may make provision corresponding to the provision that may be made by virtue of section 57(7) to (9) (but as if the reference to the Lord Chancellor were a reference to the Treasury).
5 The power to make regulations under this section is subject to section 57(5) and (6).

59 Regulators and regulated persons

1 In relation to a referral of business within section 56(4)(a)—
a a regulator is any person listed in column 1 below;
b a regulated person is any person listed in column 2;
c a regulator in column 1 is the relevant regulator in relation to the corresponding person in column 2.
1. Regulator2. Regulated person
the Financial Conduct Authorityan authorised person (within the meaning of the Financial Services and Markets Act 2000) of a description specified in regulations made by the Treasury
F79. . .F79. . .
the General Council of the Bara person authorised by the Council to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
the Law Societya person authorised by the Society to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
a regulatory body specified for the purposes of this subsection in regulations made by the Lord Chancellora person of a description specified in the regulations in relation to the body
2 In relation to a referral of prescribed legal business of any other kind—
a a regulator is any person listed in column 1 below and specified in relation to business of that kind in regulations made by the Lord Chancellor;
b a regulated person is any person specified in accordance with column 2 in relation to business of that kind;
c a person specified under paragraph (a) in relation to business of that kind is the relevant regulator in relation to a person specified in accordance with the corresponding entry in column 2 in relation to business of that kind.
1. Regulator2. Regulated person
the Financial Conduct Authorityan authorised person (within the meaning of the Financial Services and Markets Act 2000) of a description specified in regulations made by the Treasury
F179. . .F179. . .
an approved regulator for the purposes of Part 3 of the Legal Services Act 2007 (approved legal activities);a person who is authorised by the regulator to carry on a reserved legal activity and is of a description specified in regulations made by the Lord Chancellor
a licensing authority for the purposes of Part 5 of that Act (alternative business structures)a person who is licensed by the authority to carry on a reserved legal activity and is of a description specified in regulations made by the Lord Chancellor

60 Referral fees: regulations

1 This section applies to any regulations under sections 56 to 59.
2 The regulations are to be made by statutory instrument.
3 The power to make the regulations includes power to make consequential, supplementary, incidental, transitional, transitory or saving provision.
4 A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Pro bono representation

61 Payments in respect of pro bono representation before the Supreme Court

1 In section 194 of the Legal Services Act 2007 (power for certain courts to order losing party to make payment to charity where other party is represented pro bono) in subsection (10) for the definition of “civil court” substitute—
.
2 This section applies in relation to appeals to the Supreme Court only where the decision, order or judgment that is the subject of the appeal is made or given on or after the day on which this section comes into force.

Costs in criminal cases

62 Costs in criminal cases

1 Schedule 7 (costs in criminal cases) has effect.
2 Schedule 8 (costs in criminal cases: service courts) has effect.

Part 3  Sentencing and Punishment of Offenders

CHAPTER 1 Sentencing

General

63 Duty to consider compensation order

1 In section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders against convicted persons), after subsection (2) insert—
2 In section 175 of the Armed Forces Act 2006 (service compensation orders), after subsection (7) insert—

C764 Duty to give reasons for and to explain effect of sentence

F961 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In the Armed Forces Act 2006—
a in section 252 (duty to give reasons and explain sentence), omit subsection (2);
b in section 253 (duties in complying with section 252), omit subsections (1)(a), (c) and (d) and (2)(b) and (d) to (h).
5 In consequence of the amendments made by this section omit—
a paragraph 9(6) of Schedule 1 to the Violent Crime Reduction Act 2006;
b paragraph 80 of Schedule 4 to the Criminal Justice and Immigration Act 2008;
c paragraph 24 of Schedule 25 to that Act;
d paragraph 84 of Schedule 21 to the Coroners and Justice Act 2009.

I3C2865 Sentencing where there is aggravation related to transgender identity

F581 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F582 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F583 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F584 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F585 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F586 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F587 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F588 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F589 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Section 241 of the Armed Forces Act 2006 (increase in sentence for aggravation related to disability or sexual orientation) is amended as follows.
11 In the heading, for “or sexual orientation” substitute “ , sexual orientation or transgender identity ”.
12 In subsection (2)(a)—
a after sub-paragraph (i) omit “or”;
b at the end insert—
.
13 In subsection (2)(b)—
a after sub-paragraph (i) omit “or”;
b at the end insert
14 After subsection (5) insert—

Community orders

F5266 Duration of community order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9467 Breach of community order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentence orders

C2168 Changes to powers to make suspended sentence order

F741 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F742 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F743 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F744 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F745 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Schedule 9 (changes to powers to make suspended sentence orders: consequential and transitory provision) has effect.
7 The amendments and modifications made by this section and that Schedule apply in relation to offences committed before or after the coming into force of any provision of this section or that Schedule.

F6769 Fine for breach of suspended sentence order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements under community orders and suspended sentence orders

F6770 Programme requirement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6771 Curfew requirement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6772 Foreign travel prohibition requirement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6773 Mental health treatment requirement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6774 Drug rehabilitation requirement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75 Alcohol treatment requirement

1 In section 212 of the Criminal Justice Act 2003 (alcohol treatment requirement) omit subsection (4) (requirement for alcohol treatment requirement to have effect for at least six months).
2 In section 223(3) of that Act (power to amend specified periods of time), omit paragraph (d).

F15876 Alcohol abstinence and monitoring requirement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7177 Piloting of alcohol abstinence and monitoring requirements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Overseas community orders and service community orders

I478 Overseas community orders and service community orders

1 Section 182 of the Armed Forces Act 2006 (general provisions about overseas community orders) is amended as follows.
2 In subsection (1)(a) (requirements that may be imposed by overseas community orders), after “Act)” insert “ (but see subsection (1A) below) ”.
3 After subsection (1) insert—
4 In subsection (4) (application of section 177(5) and (6) of the Criminal Justice Act 2003 to overseas community orders), after “(5)” insert “ , (5A), (5B) ”.
5 In section 322 of that Act (financial penalty enforcement orders), in the definition of “financial penalty” in subsection (4), after “including” insert “ a fine imposed by the Court Martial or the Service Civilian Court under paragraph 10(1)(aa) of Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5 (breach etc of overseas community order) or ”.
6 In Part 1 of Schedule 5 to that Act (breach, revocation and amendment of service community orders), in paragraph 1(2) (provisions of Schedule 8 to the Criminal Justice Act 2003 that do not apply to such orders), after “18(4),” insert “ 19A(5), ”.
7 Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas community orders) is amended as follows.
8 In paragraph 10(2)(b) (provisions of Schedule 8 to the Criminal Justice Act 2003 that do not apply to such orders), after “19,” insert “ 19A(5), ”.
9 After paragraph 14 insert—
10 In Schedule 6 to that Act (overseas community orders imposed on young offenders), in paragraph 5 (modification of drug rehabilitation requirement in relation to such offenders), omit sub-paragraph (4) (which disapplies section 209(3) of the Criminal Justice Act 2003).

Youth sentences

C479 Referral orders for young offenders

F1231 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In consequence of the amendment made by subsection (2)(c) omit paragraph 12(3), (4) and (5) of Schedule 17 to the Coroners and Justice Act 2009.
4 The amendments made by this section do not apply in relation to any sentence passed in relation to an offence committed before the coming into force of this section.

C1480 Breach of detention and training order

F931 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F932 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F933 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F934 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F935 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F936 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F938 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 In section 213 of the Armed Forces Act 2006 (application of provisions relating to civilian detention and training orders to orders under section 211 of that Act)—
a in subsection (2), after “(13)” insert “ , 104B(1) ”, and
b after subsection (3) insert—
10 The amendments made by this section apply in relation to a failure to comply with requirements under section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 that occurs after this section comes into force.
11 Where a failure is found to have occurred over two or more days, it is to be taken for the purposes of subsection (10) to have occurred on the first of those days.

F15781 Youth rehabilitation order: curfew requirement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15782 Youth rehabilitation order: mental health treatment requirement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15783 Youth rehabilitation order: duration

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15784 Youth rehabilitation order: fine for breach

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fines

C15C26C9C10C30C31C11C22C6C6C3285 Removal of limit on certain fines on conviction by magistrates' court

C8I80C131 Where, on the commencement day, a relevant offence would, apart from this subsection, be punishable on summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the offence is punishable on summary conviction on or after that day by a fine of any amount.
I802 Where, on the commencement day, a relevant power could, apart from this subsection, be exercised to create an offence punishable on summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the power may be exercised on or after that day to create an offence punishable on summary conviction by a fine of any amount.
I873 For the purposes of this section—
a an offence is relevant if, immediately before the commencement day, it is a common law offence or it is contained in an Act or an instrument made under an Act (whether or not the offence is in force at that time), and
b a power is relevant if, immediately before the commencement day, it is contained in an Act or an instrument made under an Act (whether or not the power is in force at that time).
I804 Nothing in subsection (1) affects—
a fines for offences committed before the commencement day,
b the operation of restrictions on fines that may be imposed on a person aged under 18, or
c fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,
and provision made in exercise of a relevant power in reliance on subsection (2) does not affect such fines or the operation of such restrictions.
I875 The Secretary of State may by regulations make provision disapplying subsection (1) or (2).
I876 The Secretary of State may by regulations make provision—
a for an offence in relation to which subsection (1) is disapplied to be punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations, and
b for a power in relation to which subsection (2) is disapplied to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.
I877 Subsection (8) applies in relation to—
a a relevant offence that, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine expressed as a proportion of an amount of £5,000 or more (however that amount is expressed), and
b a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by such a fine or maximum fine.
I878 The Secretary of State may by regulations make provision—
a for the offence to be punishable on summary conviction by a fine or maximum fine of that proportion of an amount specified or described in the regulations, and
b for the power to be exercisable to create an offence punishable on summary conviction by such a fine or maximum fine.
I879 Regulations under this section may not include provision affecting—
a fines for offences committed before the regulations come into force,
b the operation of restrictions on fines that may be imposed on a person aged under 18, or
c fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,
and provision made in exercise of a relevant power in reliance on regulations under this section may not include such provision.
I8710 Regulations under this section—
a may make different provision for different cases or circumstances,
b may make provision generally or only for specified cases or circumstances, and
c may make consequential, incidental, supplementary, transitional, transitory or saving provision.
I87C19C1911 Regulations under this section, and regulations under section 149 making provision in relation to this section, may amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an Act (whether or not the provision is in force at that time).
I8712 Regulations under this section are to be made by statutory instrument.
I8713 A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
14 If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.
I8715 Powers under this section—
a may be exercised from time to time, and
b are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.
I8716 For the purposes of this section, an offence is relevant whether it is a summary offence or an offence triable either way.
I8717 In this section—
  • “Act” includes an Act or Measure of the National Assembly for Wales;
  • “the commencement day” means the day on which subsection (1) of this section comes into force;
and references to an offence, power or provision contained in an Act or instrument include an offence, power or provision applied by, or extending to England and Wales by virtue of, an Act or instrument.

I8586 Power to increase certain other fines on conviction by magistrates' court

1 Subsection (2) applies in relation to a relevant offence which, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine of a fixed amount of less than £5,000.
2 The Secretary of State may by regulations make provision for the offence to be punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.
3 Subsection (4) applies in relation to a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by a fine or maximum fine of a fixed amount of less than £5,000 but not to create an offence so punishable by a fine or maximum fine of a fixed amount of £5,000 or more.
4 The Secretary of State may by regulations make provision for the power to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.
5 Regulations under this section may not specify or describe an amount exceeding whichever is the greater of—
a £5,000, or
b the sum specified for the time being as level 4 on the standard scale.
6 Regulations under this section may not include provision affecting—
a fines for offences committed before the regulations come into force,
b the operation of restrictions on fines that may be imposed on a person aged under 18, or
c fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,
and provision made in exercise of a relevant power in reliance on regulations under subsection (4) may not include such provision.
7 Regulations under this section—
a may make different provision for different cases or circumstances,
b may make provision generally or only for specified cases or circumstances, and
c may make consequential, incidental, supplementary, transitional, transitory or saving provision.
8 Regulations under this section may amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an Act (whether or not the provision is in force at that time).
9 Regulations under this section are to be made by statutory instrument.
10 A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
11 If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.
12 Powers under this section—
a may be exercised from time to time, and
b are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.
13 In this section “Act”, “the commencement day”, “relevant offence” and “relevant power”, and references to a provision contained in an Act or instrument, have the same meaning as in section 85.

I77C1687 Power to amend standard scale of fines for summary offences

F781 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F782 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In section 143 of the Magistrates' Courts Act 1980 (power to alter sums including standard scale of fines for summary offences), in subsection (3)(b), after “subsection (1) above” insert “ or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
4 In section 37 of the Criminal Justice Act 1982 (standard scale of fines for summary offences), in subsection (3), at the end insert “ or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
F1525 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1526 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1527 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88 Withdrawal of warrants of control issued by fines officer

1 Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
2 In paragraph 7(1) (Part 3 of Schedule does not apply on an appeal against a further steps notice) for “or 37(9)” substitute “ , 37(9) or 37A(4) ”.
3 In paragraph 37(7) (further steps notice must specify steps that fines officer intends to take) for “intends” substitute “ wishes to be able ”.
4 After paragraph 37 insert—
5 In paragraph 38(1) (list of steps referred to)—
a after “37(6)(b)” insert “ , 37A(3)(a) ”, and
b in paragraph (a) (steps include issuing warrants that authorise taking control, and sale, of goods) for “levying” substitute “ recovering ”.
6 In paragraph 39 (powers of court on referrals and appeals)—
a in sub-paragraph (1)(c)—
i after “37(9)” insert “ or 37A(4) ”, and
ii after “further steps notice” insert “ or replacement notice ”, and
b in sub-paragraph (4) after “further steps notice” insert “ or replacement notice ”.
7 In paragraph 40 (implementation of notice)—
a after “further steps notice”, in both places, insert “ or replacement notice ”, and
b after “may be taken” insert “ and retaken ”.
8 After paragraph 40 insert—

Repeal of uncommenced provisions

89 Custody plus orders and intermittent custody orders

1 In the Criminal Justice Act 2003, omit the following provisions (custody plus and intermittent custody)—
a sections 181 to 188;
b Schedules 10 and 11.
2 Schedule 10 (amendments consequential on subsection (1)) has effect.

CHAPTER 2 Bail

90 Amendment of bail enactments

Schedule 11 (amendment of enactments relating to bail) has effect.

C25CHAPTER 3 Remands of children otherwise than on bail

Remands

I5C24C2591 C25Remands of children otherwise than on bail

1 This section applies where—
a a court deals with a child charged with or convicted of one or more offences by remanding the child, and
b the child is not released on bail.
2 This section also applies where—
a a court remands a child in connection with extradition proceedings, and
b the child is not released on bail.
3 Subject to subsection (4), the court must remand the child to local authority accommodation in accordance with section 92.
4 The court may instead remand the child to youth detention accommodation in accordance with section 102 where—
a in the case of a child remanded under subsection (1), the first or second set of conditions for such a remand (see sections 98 and 99) is met in relation to the child, or
b in the case of a child remanded under subsection (2), the first or second set of conditions for such a remand in an extradition case (see sections 100 and 101) is met in relation to the child.
4A Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.
5 This section is subject to section 128(7) of the Magistrates' Courts Act 1980 (remands to police detention for periods of not more than 3 days); but that provision has effect in relation to a child as if for the reference to 3 clear days there were substituted a reference to 24 hours.
6 In this Chapter, “child” means a person under the age of 18.
7 References in this Chapter (other than in relation to extradition proceedings) to the remand of a child include a reference to—
a the sending of a child for trial, and
b the committal of a child for sentence,
and related expressions are to be construed accordingly.
8 Before the insertion of section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons) by Schedule 3 to the Criminal Justice Act 2003 is fully in force, subsection (7) has effect as if it also referred to the committal of a child for trial.
9 Subsection (7) also applies to any provision of an Act other than this Act that refers (directly or indirectly) to the remand of a child under this section.

Remands to local authority accommodation

I692 Remands to local authority accommodation

1 A remand to local authority accommodation is a remand to accommodation provided by or on behalf of a local authority.
2 A court that remands a child to local authority accommodation must designate the local authority that is to receive the child.
3 That authority must be—
a in the case of a child who is being looked after by a local authority, that authority, and
b in any other case, the local authority in whose area it appears to the court that the child habitually resides or the offence or one of the offences was committed.
4 The designated authority must—
a receive the child, and
b provide or arrange for the provision of accommodation for the child whilst the child is remanded to local authority accommodation.
5 Where a child is remanded to local authority accommodation, it is lawful for any person acting on behalf of the designated authority to detain the child.

I793 Conditions etc on remands to local authority accommodation

1 A court remanding a child to local authority accommodation may require the child to comply with any conditions that could be imposed under section 3(6) of the Bail Act 1976 if the child were then being granted bail.
2 The court may also require the child to comply with any conditions imposed for the purpose of securing the electronic monitoring of the child's compliance with the conditions imposed under subsection (1) if—
a in the case of a child remanded under section 91(1) (proceedings other than extradition proceedings), the requirements in section 94 are met, or
b in the case of a child remanded under section 91(2) (extradition proceedings), the requirements in section 95 are met.
3 A court remanding a child to local authority accommodation may impose on the designated authority—
a requirements for securing compliance with any conditions imposed on the child under subsection (1) or (2), or
b requirements stipulating that the child must not be placed with a named person.
4 A court may only impose a condition under subsection (1) or (2), or a requirement under subsection (3), after consultation with the designated authority.
5 Where a child has been remanded to local authority accommodation, a relevant court—
a may, on the application of the designated authority, impose on that child any conditions that could be imposed under subsection (1) or (2) if the court were then remanding the child to local authority accommodation, and
b where it does so, may impose on the authority requirements for securing compliance with the conditions imposed under paragraph (a).
6 Where a child has been remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that child, vary or revoke any conditions or requirements imposed under this section (including as previously varied under this subsection).
7 A court that imposes conditions on a child under this section or varies conditions so imposed—
a must explain to the child in open court and in ordinary language why it is imposing or varying those conditions, and
b if the court is a magistrates' court, must cause a reason given under paragraph (a) to be specified in the warrant of commitment and entered in the register.
8 In this section “relevant court”—
a in relation to a child remanded to local authority accommodation by virtue of section 91(1) (proceedings other than extradition proceedings), means—
i the court by which the child was so remanded, or
ii any magistrates' court that has jurisdiction in the place where the child is for the time being;
b in relation to a child remanded to local authority accommodation by virtue of section 91(2) (extradition proceedings), means the court by which the child was so remanded.
9 References in this section to consultation are to such consultation (if any) as is reasonably practicable in all the circumstances of the case.

I894 Requirements for electronic monitoring

1 The requirements referred to in section 93(2)(a) (requirements for imposing electronic monitoring condition: non-extradition cases) are those set out in subsections (2) to (6).
2 The first requirement is that the child has reached the age of twelve.
3 The second requirement is that the offence mentioned in section 91(1), or one or more of those offences, is an imprisonable offence.
4 The third requirement is that—
a the offence mentioned in section 91(1), or one or more of those offences, is a violent , sexual or terrorism offence or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more, or
b the offence or offences mentioned in section 91(1), together with any other imprisonable offences of which the child has been convicted in any proceedings, amount or would, if the child were convicted of that offence or those offences, amount to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.
5 The fourth requirement is that the court is satisfied that the necessary provision for electronic monitoring can be made under arrangements currently available in each local justice area which is a relevant area.
6 The fifth requirement is that a youth offending team has informed the court that, in its opinion, the imposition of an electronic monitoring condition will be suitable in the child's case.
7 For the purposes of this section, a local justice area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.
8 In this Chapter—
  • “electronic monitoring condition” means a condition imposed on a child remanded to local authority accommodation for the purpose of securing the electronic monitoring of the child's compliance with conditions imposed under section 93(1) or (5);
  • “imprisonable offence” means—
    1. an offence punishable in the case of an adult with imprisonment, or
    2. in relation to an offence of which a child has been accused or convicted outside England and Wales, an offence equivalent to an offence that, in England and Wales, is punishable in the case of an adult with imprisonment;
  • “sexual offence” means an offence specified in Part 2 of Schedule 18 to the Sentencing Code;
  • “terrorism offence” means an offence specified in Part 3 of Schedule 18 to the Sentencing Code;
  • “violent offence” means murder or an offence specified in Part 1 of Schedule 18 to the Sentencing Code;
  • “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.
9 References in this Chapter to a child being subject to a custodial remand are to the child being—
a remanded to local authority accommodation or youth detention accommodation, or
b subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.
10 The reference in subsection (9) to a child being remanded to local authority accommodation or youth detention accommodation includes—
a a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, and
b a child being remanded to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948.

I995 Requirements for electronic monitoring: extradition cases

1 The requirements referred to in section 93(2)(b) (requirements for imposing electronic monitoring condition: extradition cases) are those set out in subsections (2) to (6).
2 The first requirement is that the child has reached the age of twelve.
3 The second requirement is that the offence to which the extradition proceedings relate, or one or more of those offences, is an imprisonable offence.
4 The third requirement is that—
a the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute a violent , sexual or terrorism offence or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more, or
b the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child has been convicted, amount or would, if the child were convicted of that offence or those offences, amount to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.
5 The fourth requirement is that the court is satisfied that the necessary provision for electronic monitoring can be made under arrangements currently available in each local justice area which is a relevant area.
6 The fifth requirement is that a youth offending team has informed the court that, in its opinion, the imposition of an electronic monitoring condition will be suitable in the child's case.
7 For the purposes of this section, a local justice area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.

I1096 Further provisions about electronic monitoring

1 Where a court imposes an electronic monitoring condition, the condition must include provision making a person responsible for the monitoring.
2 A person who is made responsible by virtue of subsection (1) must be of a description specified in an order made by the Secretary of State.
3 The Secretary of State may make rules for regulating—
a the electronic monitoring of compliance with conditions imposed under section 93(1) or (5), and
b in particular, the functions of persons made responsible by virtue of subsection (1) of this section.
4 Rules under this section may make different provision for different cases.
5 Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.
6 A statutory instrument containing rules under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

I1197 Liability to arrest for breaking conditions of remand

1 A child may be arrested without warrant by a constable if—
a the child has been remanded to local authority accommodation,
b conditions under section 93 have been imposed in respect of the child, and
c the constable has reasonable grounds for suspecting that the child has broken any of those conditions.
2 Subject to subsection (3), a child arrested under subsection (1) must be brought before a justice of the peace—
a as soon as practicable, and
b in any event within the period of 24 hours beginning with the child's arrest.
3 If the child was arrested during the period of 24 hours ending with the time appointed for the child to appear before the court in pursuance of the remand, the child must be brought before the court before which the child was to have appeared.
4 In reckoning a period of 24 hours for the purposes of subsection (2) or (3), no account is to be taken of Christmas Day, Good Friday or any Sunday.
5 If a justice of the peace before whom a child is brought under subsection (2) is of the opinion that the child has broken any condition imposed in respect of the child under section 93, the justice of the peace must remand the child.
6 Section 91 applies to a child in relation to whom subsection (5) applies as if—
a except in a case within paragraph (b), the child was then charged with or convicted of the offence for which the child had been remanded, or
b in the case of a child remanded in connection with extradition proceedings, the child was then appearing before the justice of the peace in connection with those proceedings.
7 If a justice of the peace before whom a child is brought under subsection (2) is not of the opinion mentioned in subsection (5), the justice of the peace must remand the child to the place to which the child had been remanded at the time of the child's arrest subject to the same conditions as those which had been imposed on the child at that time.

Remands to youth detention accommodation

I1298 First set of conditions for a remand to youth detention accommodation

1 For the purposes of section 91(4)(a), the first set of conditions for a remand to youth detention accommodation is met in relation to a child if each of the following is met in relation to the child—
a the age condition (see subsection (2)),
aa the sentencing condition (see subsection (2A)),
b the offence condition (see subsection (3)),
c the necessity condition (see subsection (4)), and
d the first or second legal representation condition (see subsections (5) and (6)).
2 The age condition is that the child has reached the age of twelve.
2A The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.
3 The offence condition is that the offence mentioned in section 91(1), or one or more of those offences—
a is a violent , sexual or terrorism offence, or
b is an offence punishable in the case of an adult with imprisonment for a term of 14 years or more.
4 The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate—
a to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or
b to prevent the commission by the child of imprisonable offences ,
and that the risks posed by the child cannot be managed safely in the community.
5 The first legal representation condition is that the child is legally represented before the court.
6 The second legal representation condition is that the child is not legally represented before the court and—
a representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—
i because of the child's conduct, or
ii because it appeared that the child's financial resources were such that the child was not eligible for such representation,
b the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or
c having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.

I1399 Second set of conditions for a remand to youth detention accommodation

1 For the purposes of section 91(4)(a), the second set of conditions for a remand to youth detention accommodation is met in relation to a child if each of the following is met in relation to the child—
a the age condition (see subsection (2)),
b the sentencing condition (see subsection (3)),
c the offence condition (see subsection (4)),
d the first or second history condition or both (see subsections (5) and (6)),
e the necessity condition (see subsection (7)), and
f the first or second legal representation condition (see subsections (8) and (9)).
2 The age condition is that the child has reached the age of twelve.
3 The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.
4 The offence condition is that the offence mentioned in section 91(1), or one or more of those offences, is an imprisonable offence.
5 The first history condition is that—
a the child has a recent and significant history of absconding while subject to a custodial remand , and it appears to the court that the history is relevant in all the circumstances of the case, and
b the offence mentioned in section 91(1), or one or more of those offences, is alleged to be or has been found to have been committed while the child was remanded to local authority accommodation or youth detention accommodation.
6 The second history condition is that the offence or offences mentioned in section 91(1), together with any other imprisonable offences of which the child has been convicted in any proceedings, amount or would, if the child were convicted of that offence or those offences, amount to a recent and significant history of committing imprisonable offences while on bail or subject to a custodial remand , and this appears to the court relevant in all the circumstances of the case.
7 The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate—
a to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or
b to prevent the commission by the child of imprisonable offences ,
and that the risks posed by the child cannot be managed safely in the community.
8 The first legal representation condition is that the child is legally represented before the court.
9 The second legal representation condition is that the child is not legally represented before the court and—
a representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—
i because of the child's conduct, or
ii because it appeared that the child's financial resources were such that the child was not eligible for such representation,
b the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or
c having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.
10 In this Chapter “custodial sentence” means a sentence or order mentioned in section 222(1) of the Sentencing Code.
11 The reference in subsection (5)(b) to a child being remanded to local authority accommodation or youth detention accommodation includes—
a a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, and
b a child being remanded to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948.

I14100 First set of conditions for a remand to youth detention accommodation: extradition cases

1 For the purposes of section 91(4)(b), the first set of conditions for a remand to youth detention accommodation in an extradition case is met in relation to a child if each of the following is met in relation to the child—
a the age condition (see subsection (2)),
aa the sentencing condition (see subsection (2A)),
b the offence condition (see subsection (3)),
c the necessity condition (see subsection (4)), and
d the first or second legal representation condition (see subsections (5) and (6)).
2 The age condition is that the child has reached the age of twelve.
2A The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.
3 The offence condition is that the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute—
a a violent , sexual or terrorism offence, or
b an offence punishable in the case of an adult with imprisonment for a term of 14 years or more.
4 The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate—
a to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or
b to prevent the commission by the child of imprisonable offences ,
and that the risks posed by the child cannot be managed safely in the community.
4A Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.
5 The first legal representation condition is that the child is legally represented before the court.
6 The second legal representation condition is that the child is not legally represented before the court and—
a representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—
i because of the child's conduct, or
ii because it appeared that the child's financial resources were such that the child was not eligible for such representation,
b the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or
c having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.

I15101 Second set of conditions for a remand to youth detention accommodation: extradition cases

1 For the purposes of section 91(4)(b), the second set of conditions for a remand to youth detention accommodation in an extradition case is met in relation to a child if each of the following is met in relation to the child—
a the age condition (see subsection (2)),
b the sentencing condition (see subsection (3)),
c the offence condition (see subsection (4)),
d the first or second history condition or both (see subsections (5) and (6)),
e the necessity condition (see subsection (7)), and
f the first or second legal representation condition (see subsections (8) and (9)).
2 The age condition is that the child has reached the age of twelve.
3 The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.
4 The offence condition is that the offence to which the extradition proceedings relate, or one or more of those offences, is an imprisonable offence.
5 The first history condition is that—
a the child has a recent and significant history of absconding while subject to a custodial remand, and it appears to the court that the history is relevant in all the circumstances of the case, and
b the offence to which the extradition proceedings relate, or one or more of those offences, is alleged to be or has been found to have been committed while the child was subject to a custodial remand.
6 The second history condition is that the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child has been convicted, amount or would, if the child were convicted of that offence or those offences, amount to a recent and significant history of committing imprisonable offences while on bail or subject to a custodial remand , and this appears to the court relevant in all the circumstances of the case.
7 The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate—
a to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or
b to prevent the commission by the child of imprisonable offences ,
and that the risks posed by the child cannot be managed safely in the community.
8 The first legal representation condition is that the child is legally represented before the court.
9 The second legal representation condition is that the child is not legally represented before the court and—
a representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—
i because of the child's conduct, or
ii because it appeared that the child's financial resources were such that the child was not eligible for such representation,
b the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or
c having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.

I16102 Remands to youth detention accommodation

1 A remand to youth detention accommodation is a remand to such accommodation of a kind listed in subsection (2) as the Secretary of State directs in the child's case.
2 Those kinds of accommodation are—
a a secure children's home,
aa a secure college,
b a secure training centre,
c a young offender institution, and
d accommodation, or accommodation of a description, for the time being specified by regulations under section 248(1)(f) of the Sentencing Code (youth detention accommodation for purposes of detention and training order provisions).
3 A child's detention in one of those kinds of accommodation pursuant to a remand to youth detention accommodation is lawful.
4 Where a court remands a child to youth detention accommodation, the court must—
za state in open court that it has considered subsections (3) and (4A) of section 91,
a state in open court that it is of the opinion mentioned in section 98(4), 99(7), 100(4) or 101(7) (as the case may be), and
b explain to the child in open court and in ordinary language why it is of that opinion.
5 A magistrates' court must ensure a reason that it gives under subsection (4)(b)—
za is given in writing to—
i the child,
ii any legal representative of the child, and
iii any youth offending team which appears to the court to have functions in relation to the child,
a is specified in the warrant of commitment, and
b is entered in the register.
6 Where a court remands a child to youth detention accommodation, the court must designate a local authority as the designated authority for the child for the purposes of—
a subsection (8),
b regulations under section 103 (arrangements for remands), and
c section 104 (looked after child status).
7 That authority must be—
a in the case of a child who is being looked after by a local authority otherwise than by virtue of section 104(1), that authority, and
b in any other case but subject to subsection (7B), a local authority in whose area it appears to the court that the child habitually resides or the offence or one of the offences was committed.
7A In a case to which subsection (7)(b) applies, the court is to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) except where the court—
a considers as respects the home authority, or each home authority, that it is inappropriate to designate that authority, or
b is unable to identify any place in England and Wales where the child habitually resides.
7B If in a case to which subsection (7)(b) applies—
a the court is not required by subsection (7A) to designate a home authority, but
b it appears to the court that the offence was not, or none of the offences was, committed in England and Wales,
the court is to designate a local authority which it considers appropriate in the circumstances of the case.
7C Where a child has been remanded to youth detention accommodation, the court—
a which remanded the child, or
b to which the child was remanded,
may designate a local authority (“B”) as the designated authority for the child in substitution for the authority previously designated (whether that previous designation was made when the child was remanded or under this subsection).
7D Where a child has at any one time been subject to two or more remands to youth detention accommodation, a court which has jurisdiction to make a replacement designation under subsection (7C) in connection with one or some of the remands also has jurisdiction to make such a replacement designation in connection with each of the other remands.
7E Where a replacement designation is made under subsection (7C) after the end of the period of remand concerned, the substitution of B for the previously-designated authority has effect only for the purposes of regulations under section 103.
7F Where a replacement designation is made under subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority—
a has effect, as respects the part of that period ending with the making of the replacement designation, only for the purposes of regulations under section 103, and
b has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6).
7G A court may make a replacement designation under subsection (7C) only if it considers that, had everything it knows been known by the court which made the previous designation, that court would have designated B instead.
7H Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103.
7J A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on an application by a local authority or of its own motion.
8 Before giving a direction under subsection (1), the Secretary of State must consult the designated authority.
9 A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.
10 The Secretary of State may by regulations provide that subsection (9) is not to apply, either generally or in relation to a particular description of case.
11 In this Chapter “secure children’s home” means—
a accommodation which is provided in a children’s home in England, within the meaning of the Care Standards Act 2000—
i which provides accommodation for the purposes of restricting liberty, and
ii in respect of which a person is registered under Part 2 of that Act;
b accommodation in Wales in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) to provide a secure accommodation service within the meaning of Part 1 of that Act.
12 Before the coming into force in relation to England of section 107(2) of the Health and Social Care (Community Health and Standards) Act 2003, subsection (11) has effect as if it defined “secure children's home” in relation to England as accommodation which—
a is provided in a children's home, within the meaning of the Care Standards Act 2000, in respect of which a person is registered under Part 2 of that Act, and
b is approved by the Secretary of State for the purpose of restricting the liberty of children.

Supplementary

I17103 Arrangements for remands

1 The Secretary of State may make arrangements for or in connection with the provision of accommodation of a kind listed in section 102(2) for children remanded to youth detention accommodation.
2 The Secretary of State may by regulations make provision about the recovery from the designated authority by a person mentioned in subsection (3) of the costs of—
a a child being subject to a remand to youth detention accommodation;
b the exercise of functions of the kind mentioned in—
i section 80(1)(a) to (e) of the Criminal Justice Act 1991 (escort functions) read with section 92(3) of that Act, or
ii paragraph 1(1)(a) to (d) of Schedule 1 to the Criminal Justice and Public Order Act 1994 (escort functions),
in relation to a child subject to such a remand.
3 Those persons are—
a the Secretary of State;
b a person other than the Secretary of State by whom the accommodation pursuant to the remand to youth detention accommodation is provided or the functions are exercised (as the case may be).
4 The Secretary of State may make payments to a local authority for the purpose of enabling the authority—
a to exercise functions under section 92(4) (duty to receive and accommodate child remanded to local authority accommodation);
b to make payments pursuant to regulations under this section.
5 A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.
6 The power to make regulations under subsection (2) includes power to make provision about the recovery of costs by the Youth Justice Board for England and Wales.
7 The Secretary of State may by regulations provide that subsection (5), or provision made by virtue of subsection (6), is not to apply, either generally or in relation to a particular description of case.

I18104 Looked after child status

1 A child who is remanded to youth detention accommodation is to be treated as a child who is looked after by the designated authority.
2 The Secretary of State may by regulations provide for any Act or instrument made under an Act that applies to a child looked after by a local authority to apply with modifications, or not to apply, in relation to a child who is to be treated as looked after by a designated authority by virtue of this Chapter.
3 In this section “Act” includes an Act or Measure of the National Assembly for Wales.

I19105 Minor and consequential amendments

Schedule 12 (remands of children otherwise than on bail: minor and consequential amendments) has effect.

I20106 Regulations under this Chapter

1 Regulations under this Chapter are to be made by statutory instrument.
2 Regulations under this Chapter may—
a make different provision for different cases;
b include supplementary, incidental, transitional, transitory or saving provision.
3 A statutory instrument containing regulations under this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).
4 A statutory instrument containing regulations under section 102(10) or 103(7) (whether alone or with any other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

I21107 Interpretation of Chapter

1 In this Chapter—
  • “child” has the meaning given by section 91(6);
  • “court” and “magistrates' court” include a justice of the peace;
  • “custodial sentence” has the meaning given by section 99(10);
  • “the designated authority”—
    1. in relation to a child remanded to local authority accommodation, means the local authority that is designated by the court under section 92(2) to receive the child;
    2. in relation to a child remanded to youth detention accommodation, means the local authority that is designated by the court under section 102(6) as the designated authority for the child;
  • “electronic monitoring condition” has the meaning given by section 94(8);
  • “extradition proceedings” means proceedings under the Extradition Act 2003;
  • “imprisonable offence” has the meaning given by section 94(8);
  • “local authority” means—
    1. a county council;
    2. a county borough council;
    3. a district council for an area for which there is no county council;
    4. a London borough council;
    5. the Common Council of the City of London;
    6. the Council of the Isles of Scilly;
  • “secure children's home” has the meaning given by section 102(11);
  • “sexual offence” has the meaning given by section 94(8);
  • “terrorism offence” has the meaning given by section 94(8);
  • “violent offence” has the meaning given by section 94(8);
  • “youth offending team” has the meaning given by section 94(8).
2 In this Chapter, references to the remand of a child, and related expressions, are to be construed in accordance with section 91(7) and (8).
3 In this Chapter, references to a remand to local authority accommodation, and related expressions, are to be construed in accordance with section 92(1).
4 In this Chapter, references to a child being subject to a custodial remand are to be construed in accordance with section 94(9).
5 In this Chapter, references to a remand to youth detention accommodation, and related expressions, are to be construed in accordance with section 102(1).
6 In this Chapter, references to a child who is looked after by a local authority are to be construed—
a in relation to a local authority in England, in accordance with section 22 of the Children Act 1989;
b in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014
7 Subsections (3) and (5) are subject to sections 94(10) and 99(11) (references to remand to local authority accommodation or youth detention accommodation to include such a remand under section 23 of the Children and Young Persons Act 1969 or a remand to prison).

CHAPTER 4 Release on licence etc

Calculation of days to be served

108 Crediting of periods of remand in custody

1 Omit section 240 of the Criminal Justice Act 2003 (court to direct that remand time be credited towards time served).
2 Before section 240A of that Act insert—

C18109 Crediting of periods of remand on bail

1 Section 240A of the Criminal Justice Act 2003 (crediting periods of remand on bail: terms of imprisonment and detention) is amended as follows.
2 In subsection (2), for “subsection (4)” substitute “ subsections (3A) and (3B) ”.
3 For subsections (3) to (7) substitute—
F894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Omit subsections (9) and (10).
6 In subsection (11)—
a for “Subsections (7) to (10) of section 240” substitute “ Subsections (7) to (9) and (11) of section 240ZA ”;
b in paragraph (b), for “in subsection (8) the reference to subsection (3) of section 240 is” substitute “ in subsection (9) the references to subsections (3) and (5) of section 240ZA are ”.
F707 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 In the heading of the section, for “Crediting periods of remand on bail” substitute “ Time remanded on bail to count towards time served ”.

110 Amendments consequential on sections 108 and 109

1 The Criminal Justice Act 2003 is amended as follows.
2 In section 237(1C) (meaning of “fixed-term prisoner”)—
a for “section 240” substitute “ section 240ZA ”;
b after “Armed Forces Act 2006)” insert “ or section 240A ”.
3 Section 241 (effect of direction under section 240 or 240A) is amended as follows.
4 In subsection (1)—
a for “to whom a direction under section 240 or 240A relates” substitute “ to whom section 240ZA applies or a direction under section 240A relates ”;
b for “specified in the direction” substitute “ specified in section 240ZA or in the direction under section 240A ”.
5 In subsection (1A), for “a direction under section 240 or 240A includes a direction under” substitute “ section 240ZA includes ”.
6 In the heading, for “direction under section 240 or 240A” substitute “ section 240ZA or direction under section 240A ”.
7 In section 242 (interpretation of sections 240 to 241), in subsections (1) and (2) and in the heading, for “sections 240” substitute “ sections 240ZA ”.
8 For section 243(2) (persons extradited to the United Kingdom) substitute—
9 In section 246 (power to release prisoners early)—
a in subsection (4)(i), for “to whom a direction under section 240 or 240A relates” substitute “ to whom section 240ZA applies or a direction under section 240A relates ”;
b in subsection (4A)(b), for “a direction under section 240 includes a direction under” substitute “ section 240ZA includes ”.
F14210 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 In section 305(1A) (modification of reference to want of sufficient distress), inserted by paragraph 155 of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007, for “In the definition of “sentence of imprisonment” in subsection (1) the reference” substitute “ In this Part any reference ”.
12 In section 330(5) (rules to be subject to affirmative resolution)—
a after paragraph (b) insert “ or ”, and
b omit paragraph (d) and the “or” preceding it.
13 Schedule 13 (crediting of time in custody) has effect.
14 In consequence of the amendments made by this section, in the Criminal Justice and Immigration Act 2008 omit—
a section 21(2), (5) and (7);
b section 22(2) and (3);
c section 23 and Schedule 6.

Release

111 Prisoners serving less than 12 months

1 After section 243 of the Criminal Justice Act 2003 insert—
2 Schedule 14 (amendments consequential on subsection (1)) has effect.

112 Restrictions on early release subject to curfew

1 In section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence), subsection (4) is amended as follows.
2 After paragraph (a) insert—
.
3 In paragraph (g)—
a for “during the currency of the sentence” substitute “ at any time ”, and
b at the end insert “ (and the revocation has not been cancelled under section 255(3)) ”.
4 Omit the “or” at the end of paragraph (h) and after that paragraph insert—
.
5 After subsection (4) of that section insert—
6 In subsection (6) of that section, at the end insert—

Further release after recall

113 Cancellation of revocation of licence

1 After section 254(2) of the Criminal Justice Act 2003 (representations by person recalled) insert—
2 In section 255(3) of that Act (cancellation of revocation under section 255), for “subsection (2)(b)” substitute “ subsection (2)(a) ”.

114 Further release after recall

1 For sections 255A to 255D of the Criminal Justice Act 2003 (further release after recall) substitute—
2 After section 244(1) of that Act (duty to release certain prisoners on licence at half-way point) insert—
3 In the heading of section 253 of that Act (curfew conditions) after “section 246” insert “ , 255B or 255C ”.
4 In section 256(1) of that Act (review by the Board), for “section 255B(4), 255C(4) or 255D(1)” substitute “ section 255B(4) or 255C(4) ”.
5 In consequence of the amendments made by this section, omit section 29(2) and (3) of the Criminal Justice and Immigration Act 2008.

Other provisions about release

115 Supervision of young offenders after release

After section 256A of the Criminal Justice Act 2003 insert—

116 Miscellaneous amendments relating to release and recall

1 The Criminal Justice Act 2003 is amended as follows.
2 Omit section 248(2) (Secretary of State to consult Board before releasing extended sentence prisoner on compassionate grounds).
3 In section 256(1) (review by the Board)—
a for “recommend” substitute “ direct ”;
b for “recommendation” substitute “ direction ”.
4 In section 256A (further review)—
a in subsection (4)(a), for “recommending” substitute “ directing ”;
b in subsection (4)(c), for “recommendation” substitute “ direction ”;
c in subsection (5), for “recommendation” (in both places) substitute “ direction ”.
5 In section 260(5) (duties and powers remaining exercisable in relation to persons removed from prison), after “244” insert “ , 247 ”.
6 In section 261(5) (re-entry to UK of offender removed early: re-release), after “sentence expiry date,” insert
.
7 In section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, after the words “requisite custodial period” insert
.
8 In section 263(2)(b) (concurrent terms: authority to release), for “section 244” substitute “ section 246 ”.
9 In section 263(2)(c) (concurrent terms: licence period), for the words “for so long, and subject to such conditions, as is” substitute
.

117 Replacement of transitory provisions

1 Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence) is amended as follows.
2 In section 237(1)(b) (“fixed-term prisoner” includes those serving sentence of detention)—
a after “91” insert “ or 96 ”;
b before “228” insert “ 227 or ”.
3 At the end of that section insert—
4 In section 244(3)(a) (duty to release prisoners: requisite custodial period), after “91” insert “ or 96 ”.
5 In section 250(4) (licence conditions)—
a after “91” insert “ or 96 ”;
b before “228” insert “ 227 or ”.
6 In section 258 (early release of fine defaulters and contemnors), after subsection (3) insert—
7 In section 263(4) (concurrent terms)—
a after “91” insert “ or 96 ”;
b before “228” insert “ 227 or ”.
8 In section 264(7) (consecutive terms)—
a after “91” insert “ or 96 ”;
b before “228” insert “ 227 or ”.
F779 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 In Part 2 of the Crime (Sentences) Act 1997 (life sentences: release on licence)—
a in section 31A(5) (termination of licences), in the definition of “preventive sentence”, after “a sentence of imprisonment” insert “ or detention in a young offender institution ”;
b in section 34(2)(d) (interpretation), after “a sentence of imprisonment” insert “ or detention in a young offender institution ”.
11 In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), article 3(7), (10), (11), (12), (13), (14), (15) and (17)(a) and (b) (transitory provision replaced by this section) are revoked.

118 Repeal of uncommenced provisions

1 This section repeals certain provisions which have not been commenced.
2 Omit section 266 of the Criminal Justice Act 2003 (which amends section 64 of the Criminal Justice and Court Services Act 2000 in relation to drug testing requirements).
3 Omit section 34 of the Police and Justice Act 2006 (which makes amendments of Part 12 of the Criminal Justice Act 2003 relating to imprisonment for bail offences).
4 Omit the following provisions of the Criminal Justice and Immigration Act 2008 (which relate to the early release of persons with a settled intention of residing permanently outside the UK)—
a section 33(2), (4), (7) and (8) (amendments of the Criminal Justice Act 1991);
b section 34(2), (4)(b), (7) and (10) (amendments of the Criminal Justice Act 2003).
5 In Schedule 8 to the Crime and Disorder Act 1998 (minor and consequential amendments) omit—
a paragraph 86 (amendments of section 41 of the Criminal Justice Act 1991);
b paragraph 90 (amendment of section 47 of that Act).

Life sentence prisoners

119 Removal of prisoners from the United Kingdom

After section 32 of the Crime (Sentences) Act 1997 insert—

Application and transitional provision

120 Application and transitional etc provision

Schedule 15 (application of sections 108 to 119 and transitional and transitory provision) has effect.

Simplification of existing transitional provisions

121 Simplification of existing transitional provisions

1 Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”) is to apply to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed).
2 Section 258 of the 2003 Act (release of fine defaulters and contemnors) is to apply to any person who was, before 4 April 2005, committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—
a in default of payment of a sum adjudged to be paid by a conviction, or
b for contempt of court or any kindred offence.
3 In accordance with subsections (1) and (2)—
a the repeal of Part 2 of the Criminal Justice Act 1991 which is made by section 303(a) of the 2003 Act has effect in relation to any person mentioned in those subsections;
b paragraphs 15 to 18, 19(a), (c) and (d), 20, 22 to 28 and 30 to 34 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008 (S.I. 2005/950) (which relate to the coming into force of provisions of Chapter 6 of Part 12 of the 2003 Act) are revoked.
4 Section 86 of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of periods in custody and on licence in the case of certain sexual offences) is repealed.
5 Schedule 16 (transitional and other provision consequential on this section) has effect.
6 Schedule 17 (amendments to the 2003 Act restating the effect of certain transitional and other provision relating to the release and recall of prisoners) has effect.

CHAPTER 5 Dangerous offenders

C17122 Life sentence for second listed offence

F1241 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1242 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Schedule 19 (life sentence for second listed offence: consequential and transitory provision) has effect.

I22123 Abolition of certain sentences for dangerous offenders

In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) omit—
a section 225(3) to (4) (imprisonment for public protection for serious offences),
b section 226(3) to (4) (detention for public protection for serious offences),
c section 227 (extended sentence for certain violent or sexual offences: persons 18 or over), and
d section 228 (extended sentence for certain violent or sexual offences: persons under 18).

F88124 New extended sentences

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

125 New extended sentences: release on licence etc

1 Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and recall) is amended as follows.
2 In section 244(1) (duty to release prisoners on licence) (as amended by Schedule 14 to this Act) after “243A” insert “ , 246A ”.
3 After section 246 insert—
4 Schedule 20 (release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003) has effect.

126 Sections 123 to 125: consequential and transitory provision

Schedule 21 (abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision) has effect.

127 Dangerous offenders subject to service law etc

Schedule 22 (dangerous offenders subject to service law etc) has effect.

128 Power to change test for release on licence of certain prisoners

1 The Secretary of State may by order provide that, following a referral by the Secretary of State of the case of a discretionary release prisoner, the Parole Board—
a must direct the prisoner's release if it is satisfied that conditions specified in the order are met, or
b must do so unless it is satisfied that conditions specified in the order are met.
2 “Discretionary release prisoner” means—
a an IPP prisoner,
b an extended sentence prisoner,
bza a prisoner whose case has been referred to the Parole Board under section 244ZB of the Criminal Justice Act 2003 (power to refer to Parole Board in place of automatic release),
ba a section 236A prisoner,
bb a terrorist prisoner, eligible for discretionary release or
c a person , other than a terrorist prisoner, eligible for discretionary release to whom paragraph 4, 15, 24 or 27 of Schedule 20B to the Criminal Justice Act 2003 (determinate sentence prisoners subject to transitional provisions) applies.
3 An order under this section may—
a amend section 28 of the Crime (Sentences) Act 1997 (duty to release IPP prisoners and others),
aza amend section 28ZA of the Crime (Sentences) Act 1997 (public protection decisions), as that section applies for the purposes of section 28 or 32 of that Act,
aa amend section 32 of the Crime (Sentences) Act 1997 (recall of IPP prisoners and others while on licence and further release),
aaza amend section 237A of the Criminal Justice Act 2003 (public protection decisions), as that section applies for the purposes of a provision of that Act mentioned in any of paragraphs (aaa) to (c) below,
aaa amend section 244ZC of the Criminal Justice Act 2003 (proceedings following reference under section 244ZB of that Act),
ab amend section 244A of the Criminal Justice Act 2003 (release on licence of section 236A prisoners),
b amend section 246A of the Criminal Justice Act 2003 (release on licence of extended sentence prisoners),
ba amend section 247A of the Criminal Justice Act 2003 (restricted eligibility for release on licence of terrorist prisoners);
c amend paragraph 6, 15, 25 or 28 of Schedule 20B to the Criminal Justice Act 2003 (release on licence of determinate sentence prisoners subject to transitional provisions),
d make provision in relation to any person whose case is disposed of by the Parole Board on or after the day on which the regulations come into force (even if the Secretary of State referred that person's case to the Board before that day),
e make different provision in relation to each of the categories of discretionary release prisoner mentioned in subsection (2), and
f include consequential provision.
4 An order under this section is to be made by statutory instrument.
5 A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6 In this section—
  • “extended sentence prisoner” means a prisoner , other than one to whom section 247A of the Criminal Justice Act 2003 applies, who is serving a sentence under section 226A or 226B of the Criminal Justice Act 2003 or section 254, 266 or 279 of the Sentencing Code (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006);
  • “IPP prisoner” means a prisoner who is serving one or more of the following sentences and is not serving any other life sentence—
    1. a sentence of imprisonment for public protection or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one imposed as a result of section 219 of the Armed Forces Act 2006);
    2. a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one imposed as a result of section 221 of the Armed Forces Act 2006);
  • “life sentence” has the same meaning as in section 34 of the Crime (Sentences) Act 1997;
  • “section 236A prisoner” means a prisoner , other than one to whom section 247A of the Criminal Justice Act 2003 applies, who is serving a sentence under section 236A of the Criminal Justice Act 2003 or section 265 or 278 of the Sentencing Code (including one imposed as a result of section 224A of the Armed Forces Act 2006);
  • “terrorist prisoner eligible for discretionary release” means a prisoner to whom section 247A (3) to (5) of the Criminal Justice Act 2003 applies (or would apply but for the prisoner‘s release on licence).

CHAPTER 6 Prisoners etc

129 Employment in prisons: deductions etc from payments to prisoners

1 In section 47 of the Prison Act 1952 (power of Secretary of State to make rules for the regulation and management of prisons etc), in subsection (1) omit “employment,”.
2 After that subsection insert—
3 In that section, after subsection (5) insert—
4 After that section insert—
5 In section 66(4) of the Criminal Justice Act 1967 (procedure applying to rules under section 47 of the Prison Act 1952), for “of the said Act of 1952” substitute “ or section 47A of the Prison Act 1952 ”.
6 In section 127(6) of the Criminal Justice and Public Order Act 1994 (inducements to prison officers to contravene prison rules: meaning of “prison rules”), after “section 47” insert “ or 47A ”.
7 In section 4 of the Prisoners' Earnings Act 1996 (interpretation)—
a omit subsection (2) (application of the Act to England and Wales), and
b in subsection (3) (application of the Act to Scotland), for “In the application of this Act to Scotland” substitute “ In this Act ”.
8 In section 5 of that Act (short title, commencement and extent), for subsection (3) substitute—
9 In section 45(2) of the National Minimum Wage Act 1998 (exclusion for prisoners doing work in pursuance of prison rules: interpretation), in paragraph (a) of the definition of “prison rules”, after “section 47” insert “ or 47A ”.
10 Before the coming into force of section 59 of the Criminal Justice and Court Services Act 2000 (abolition of power to provide remand centres), section 47(1A) of the Prison Act 1952 has effect as if it referred also to persons required to be detained in remand centres.
11 Before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc)—
a section 47(1A) of the Prison Act 1952 has effect as if the references to persons required to be detained in young offender institutions were to persons aged under 18 required to be so detained, and
b section 47A of that Act has effect as if—
i “prison” included a young offender institution, and
ii “prisoner” included a person aged 18 or over who is required to be detained in a young offender institution.
12 The Secretary of State may make such payments to such persons as the Secretary of State considers appropriate in connection with measures that appear to the Secretary of State to be intended to—
a rehabilitate offenders,
b prevent re-offending, or
c limit the impact of crime.
13 In making payments under subsection (12), the Secretary of State must have regard to the sums that have been made available to, or received by, the Secretary of State by virtue of rules under section 47A of the Prison Act 1952 (reductions, deductions and levies in respect of payments to prisoners etc.).

130 Transfer of prisoners: prosecution of other offences

In the Repatriation of Prisoners Act 1984, after section 3 insert—

131 Transit of prisoners

1 In the Repatriation of Prisoners Act 1984, after section 6 insert—
2 In section 9 of the Repatriation of Prisoners Act 1984 (short title, commencement and extent)—
a at the beginning of subsection (3) insert “ Subject to subsection (3A), ”, and
b after that subsection insert—

CHAPTER 7 Out of court disposals

Penalty notices

132 Penalty notices for disorderly behaviour

Schedule 23 (penalty notices for disorderly behaviour) has effect.

Cautions

133 Conditional cautions: involvement of prosecutors

1 The Criminal Justice Act 2003 is amended as follows.
2 In section 22(3A) (conditions that may be attached to a conditional caution) for “by a relevant prosecutor” substitute “ in the condition ”.
3 In section 23(2) (relevant prosecutor must decide there is sufficient evidence to prosecute and that a conditional caution should be given) after “a relevant prosecutor” insert “ or the authorised person ”.
4 In section 23A(5) (relevant prosecutor must specify amount of financial penalty and how it is to be paid etc) for “a relevant prosecutor must also” substitute “ the condition must ”.
5 In section 23B (variation of conditions by relevant prosecutor) after “A relevant prosecutor” insert “ or an authorised person ”.
6 In section 25 (code of practice) in subsection (2)(ga) (Secretary of State's code of practice may include provision about what a relevant prosecutor may provide under section 23A(5)(b)) for “by a relevant prosecutor” substitute “ in a condition ”.

134 Conditional cautions: removal etc of certain foreign offenders

In section 22 of the Criminal Justice Act 2003 (conditional cautions)—
a in subsection (3) (both as originally enacted and as substituted by section 17 of the Police and Justice Act 2006) (conditions attached to conditional cautions to have certain objects) for “ such a caution ” substitute “any conditional caution”, and
b after subsection (3C) insert—

Youth cautions

135 Youth cautions

1 Omit sections 65 (reprimands and warning) and 66 (effect of reprimands and warnings) of the Crime and Disorder Act 1998.
2 Before section 66A of that Act insert—
3 Schedule 24 (youth cautions: consequential amendments) has effect.
4 The amendments made by this section and that Schedule do not apply in relation to an offence committed before they come into force.
5 A reprimand or warning of a person under section 65 of the Crime and Disorder Act 1998, or any caution treated as such by virtue of paragraph 5 of Schedule 9 to that Act, is to be treated for the purposes of any enactment or instrument (whenever passed or made) as a youth caution given to that person under section 66ZA(1) of that Act.
6 A referral of a person to a youth offending team under section 66(1) of the Crime and Disorder Act 1998 is to be treated for the purposes of section 66ZB of that Act as a referral under that section.
7 A rehabilitation programme provided under section 66 of the Crime and Disorder Act 1998 is to be treated for the purposes of any enactment or instrument (whenever passed or made) as provided under section 66ZB of that Act.

136 Youth conditional cautions: previous convictions

In section 66A(1) of the Crime and Disorder Act 1998 (requirements to be met before youth conditional caution may be given) omit paragraph (a) and the “and” at the end of that paragraph (requirement of no previous convictions).

137 Youth conditional cautions: references to youth offending teams

In section 66A of the Crime and Disorder Act 1998 (youth conditional cautions) after subsection (6) insert—

138 Youth conditional cautions: involvement of prosecutors

1 The Crime and Disorder Act 1998 is amended as follows.
2 In section 66A(4) (conditions that may be attached to a youth conditional caution) for “by a relevant prosecutor” substitute “ in the condition ”.
3 In section 66B(2) (relevant prosecutor must decide that there is sufficient evidence to prosecute and that a conditional caution should be given) after “a relevant prosecutor” insert “ or the authorised person ”.
4 In section 66C(5) (relevant prosecutor must specify amount of financial penalty and how it must be paid etc) for “a relevant prosecutor must also” substitute “ the condition must ”.
5 In section 66D (variation of conditions by relevant prosecutor) after “A relevant prosecutor” insert “ or an authorised person ”.
6 In section 66G (code of practice) in subsection (2)(h) (Secretary of State's code of practice may include provision about what a relevant prosecutor may provide under section 66C(5)(b)) for “by a relevant prosecutor” substitute “ in a condition ”.

CHAPTER 8 Rehabilitation of offenders

I94139 Establishment or alteration of rehabilitation periods

C291 The Rehabilitation of Offenders Act 1974 is amended as follows.
2 In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for “thirty months” substitute “ forty eight months ”.
3 In the opening words of section 5(1A) (references to provisions of the Armed Forces Act 2006) for “subsection (1)(d)” substitute “ this section ”.
C294 For section 5(2) to (11) (rehabilitation periods) substitute—
5 In section 6 (subsequent convictions to extend the rehabilitation period applicable to a conviction)—
a in subsection (5) (exception to rule for certain orders imposing disqualifications etc) for “in accordance with section 5(8) above” substitute “ by virtue of paragraph (g) of the definition of “relevant order” in section 5(8) above ”, and
b omit subsection (6) (other exceptions to the rule).
6 After section 8A (protection afforded to spent cautions) insert—
7 In paragraph 1 of Schedule 2 (protection for spent cautions)—
a in sub-paragraph (1)(a) (when conditional cautions to be regarded as spent cautions) for “, at the end of the relevant period for the caution;” substitute
, and
b omit sub-paragraphs (2) and (3) (meaning of “the relevant period for the caution”).

140 No rehabilitation for certain immigration or nationality purposes

Before section 57 of the UK Borders Act 2007 (and after the italic cross-heading before that section) insert—

I2141 Transitional and consequential provision

I741 Section 139 applies in relation to convictions or (as the case may be) cautions before the commencement date (as well as in relation to convictions or cautions on or after that date).
I742 The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) applies in relation to convictions or cautions before the commencement date as if the amendments and repeals made by section 139 had always had effect.
I743 Where by virtue of subsection (2)—
a a person would, before the commencement date, have been treated for the purposes of the 1974 Act as a rehabilitated person in respect of a conviction, or
b a conviction would, before that date, have been treated for the purposes of that Act as spent,
the person or conviction concerned is (subject to any order made by virtue of section 4(4) or 7(4) of that Act) to be so treated on and after that date.
I744 Where by virtue of subsection (2)—
a a person would, before the commencement date, have been treated as mentioned in paragraph 3(1) of Schedule 2 to the 1974 Act in respect of a caution, or
b a caution would, before that date, have been treated for the purposes of that Act as spent,
the person or caution concerned is (subject to any order made by virtue of paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on and after that date.
I745 But—
a no person who, immediately before the commencement date—
i is treated as a rehabilitated person for the purposes of the 1974 Act in respect of a conviction, or
ii is treated as mentioned in paragraph 3(1) of Schedule 2 to that Act in respect of a caution, and
b no conviction or caution which, immediately before the commencement date, is treated for the purposes of that Act as spent,
is to cease to be so treated merely because of section 139.
I746 Section 139 does not apply in relation to alternatives to prosecution given before the commencement date.
7 Section 140 applies in relation to convictions before the commencement date (as well as in relation to convictions on or after that date).
8 Section 140 applies as mentioned in subsection (7) above whether or not, immediately before the commencement date—
a the person concerned is treated as a rehabilitated person for the purposes of the 1974 Act in respect of the conviction, or
b the conviction is treated for the purposes of that Act as spent.
9 But section 140 does not affect—
a any proceedings begun, but not completed, before the commencement date,
b any applications for immigration or nationality decisions made, but not finally determined, before the commencement date, or
c the validity of any proceedings, or any relevant immigration or nationality decision (within the meaning of section 56A of the UK Borders Act 2007) which is made, before the commencement date.
I7410 Schedule 25 (consequential provision) has effect.
I7411 Any reference in this section to section 139 is to be read as including a reference to Schedule 25.
P2C2712 In this section “the commencement date” means such day as may be specified by order of the Secretary of State made by statutory instrument; and different days may be specified for different purposes.

CHAPTER 9 Offences

142 Offences of threatening with article with blade or point or offensive weapon in public or on school premises

1 In the Prevention of Crime Act 1953, after section 1 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse) insert—
2 In the Criminal Justice Act 1988 after section 139A (offence of having article with blade or point or offensive weapon on school premises) insert—
3 Schedule 26 (knives and offensive weapons: minor and consequential amendments) has effect.

143 Offence of causing serious injury by dangerous driving

1 The Road Traffic Act 1988 is amended as follows.
2 After section 1 insert—
3 In section 2A (meaning of dangerous driving) in subsections (1) and (2) after “sections 1” insert “ , 1A ”.
4 Section 1A inserted by subsection (2) has effect only in relation to driving occurring after that subsection comes into force.
5 In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) in the appropriate place insert—
6 In the entry inserted by subsection (5), in relation to an offence committed before 2 May 2022 “the general limit in a magistrates’ court” is to be read as “6 months (in England and Wales) or 12 months (in Scotland)”.
7 Schedule 27 (causing serious injury by dangerous driving: minor and consequential amendments) has effect.

144 Offence of squatting in a residential building

1 A person commits an offence if—
a the person is in a residential building as a trespasser having entered it as a trespasser,
b the person knows or ought to know that he or she is a trespasser, and
c the person is living in the building or intends to live there for any period.
2 The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building).
3 For the purposes of this section—
a “building” includes any structure or part of a structure (including a temporary or moveable structure), and
b a building is “residential” if it is designed or adapted, before the time of entry, for use as a place to live.
4 For the purposes of this section the fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser.
5 A person convicted of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale (or both).
6 In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.
7 For the purposes of subsection (1)(a) it is irrelevant whether the person entered the building as a trespasser before or after the commencement of this section.
8 In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc)—
a in subsection (1)(c), after sub-paragraph (v) insert—
;
b in subsection (3), for “or (iv)” substitute “ , (iv) or (vi) ”.
9 In Schedule 10 to the Criminal Justice and Public Order Act 1994 (consequential amendments), omit paragraph 53(b).

F156145 Scrap metal dealing: increase in penalties for existing offences

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156146 Offence of buying scrap metal for cash etc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156147 Review of offence of buying scrap metal for cash etc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

148 Reasonable force for the purposes of self-defence etc

1 Section 76 of the Criminal Justice and Immigration Act 2008 (reasonable force for the purposes of self-defence etc) is amended as follows.
2 In subsection (2) after paragraph (a) omit “and” and insert—
.
3 After subsection (6) insert—
4 In subsection (8) for “Subsection (7) is” substitute “ Subsections (6A) and (7) are ”.
5 In subsection (10)(a) after sub-paragraph (i) omit “or” and insert—
.
6 Paragraph 27 of Schedule 27 to the Criminal Justice and Immigration Act 2008 (which provides for section 76 of that Act to apply whenever the alleged offence took place, but not in relation to certain proceedings if they began, or the arraignment took place, before that section comes into force) applies to any amendment made by this section to section 76 of that Act as it applies to that section, but as if references to the date on which that section comes into force were references to the date on which the amendment comes into force.

Part 4  Final provisions

149 Power to make consequential and supplementary provision etc

1 The Lord Chancellor or the Secretary of State may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in relation to any provision of this Act.
2 The regulations may, in particular amend, repeal, revoke or otherwise modify legislation.
3 Regulations under this section are to be made by statutory instrument.
4 A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5).
5 A statutory instrument containing regulations under this section that amend or repeal an Act (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6 In this section—
  • “Act” includes an Act or Measure of the National Assembly for Wales;
  • “legislation”, in relation to regulations made in relation to a provision of this Act, means—
    1. this Act or an Act passed before or in the same Session as this Act, or
    2. an instrument made under an Act before the provision comes into force.

150 Financial provision

There is to be paid out of money provided by Parliament—
a any expenditure incurred by a Minister of the Crown by virtue of this Act, and
b any increase attributable to this Act in the sums payable under any other Act out of money so provided.

151 Commencement

P11 The provisions of this Act come into force on such day as the Lord Chancellor or the Secretary of State may appoint by order, subject to subsections (2) and (3).
2 The following provisions come into force on the day on which this Act is passed—
a section 77,
b section 119, and
c this Part.
3 This section does not apply to section 76 (but see section 77).
4 An order under this section is to be made by statutory instrument.
5 An order under this section may—
a appoint different days for different purposes, and
b make transitional, transitory or saving provision.
6 An order under this section bringing into force section 133, 134, 136, 137 or 138 may appoint different days for different areas.

152 Extent

1 Parts 1 to 3 of this Act extend to England and Wales only, subject to subsections (2) to (8).
2 Sections 130 and 131(1) extend to England and Wales and Scotland.
3 The following provisions extend to England and Wales and Northern Ireland—
a section 22,
b section 33,
c section 40 and Schedule 6, and
d sections 41 to 43.
4 Section 77 extends to England and Wales, Scotland and Northern Ireland, subject to subsection (11).
5 In Chapter 8 of Part 3—
a section 139 extends to England and Wales only,
b sections 140 and 141 extend to England and Wales, Scotland and Northern Ireland,
c paragraphs 1 to 11 of Schedule 25 extend to England and Wales only,
d paragraphs 12 to 17 of that Schedule extend to Scotland only, and
e Part 2 of that Schedule extends to England and Wales only.
6 An amendment, repeal or revocation made by this Act has the same extent as the relevant part of the Act or instrument amended, repealed or revoked (ignoring extent by virtue of an Order in Council), subject to subsections (2), (5), (7) and (8).
7 Subsection (6) applies to section 148(1) to (5) only so far as the provisions amended extend to England and Wales or apply in relation to service offences.
8 Subsection (6) does not apply to paragraphs 15 and 18 of Schedule 7, which extend to England and Wales only.
9 The following have the same extent as the amendments, modifications, enactments, instruments or provisions to which they relate—
a section 68(7),
b section 80(10) and (11),
c section 135(4), (5) and (7),
d section 148(6),
e Part 4 of Schedule 7 and Part 3 of Schedule 8, and
f Schedule 15.
10 Sections 149, 150, 151, this section and section 154 extend to England and Wales, Scotland and Northern Ireland.
11 But, in so far as sections 77, 149 and 151 confer power to make provision modifying or otherwise relating to a provision of, or made under or applied by, the Armed Forces Act 2006, they have the same extent as that Act (ignoring extent by virtue of an Order in Council).

153 Channel Islands, Isle of Man and British overseas territories

1 The power conferred by section 9(4) of the Repatriation of Prisoners Act 1984 (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to any amendment of that Act that is made by or under this Act.
2 The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003 (powers to apply provisions to extradition to or from British overseas territories and to extend to Channel Islands and Isle of Man) are exercisable in relation to any amendment of that Act that is made by or under this Act.
3 The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.
4 In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of Man and British overseas territories) references to that Act include that Act as amended by or under this Act.

154 Short title

This Act may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

SCHEDULES

SCHEDULE 1 

Civil legal services

Section 9

C12Part 1 Services

Care, supervision and protection of children

1
1 Civil legal services provided in relation to—
a orders under section 25 of the Children Act 1989 (“the 1989 Act”) (secure accommodation);
b orders under Part 4 of the 1989 Act (care and supervision);
c orders under Part 5 of the 1989 Act (protection of children);
d approval by a court under paragraph 19 of Schedule 2 to the 1989 Act (arrangements to assist children to live abroad);
e parenting orders under section 8 of the Crime and Disorder Act 1998 (“the 1998 Act”) or section 366 or 369 of the Sentencing Code;
f child safety orders under section 11 of the 1998 Act;
g orders for contact under section 26 of the Adoption and Children Act 2002 (“the 2002 Act”);
h applications for leave of the court to remove a child from a person's custody under section 36 of the 2002 Act;
i placement orders, recovery orders or adoption orders under Chapter 3 of Part 1 of the 2002 Act (see sections 21, 41 and 46 of that Act);
j orders under section 84 of the 2002 Act (parental responsibility prior to adoption abroad).
k orders under section 119 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) (secure accommodation);
l approval by a court under section 124 of the 2014 Act (arrangements to assist children to live abroad).
2 Civil legal services provided in relation to an order under an enactment made—
a as an alternative to an order mentioned in sub-paragraph (1), or
b in proceedings heard together with proceedings relating to such an order.

Exclusions

3 Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

4 In this paragraph “children” means persons under the age of 18.

Special Guardianship

1A(1) Civil legal services provided in relation to special guardianship orders as defined in section 14A of the Children Act 1989.Exclusions
2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Special educational needs

2
1 Civil legal services provided in relation to—
a matters arising under Part 4 of the Education Act 1996 Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 or Part 3 of the Children and Families Act 2014 (special educational needs);
b assessments relating to learning difficulties under section 140 of the Learning and Skills Act 2000.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Abuse of child or vulnerable adult

3
1 Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where—
a the services are provided to the individual, or
b the individual has died and the services are provided—
i to the individual's personal representative, or
ii for the purposes of a claim under the Fatal Accidents Act 1976 for the benefit of the individual's dependants.

General exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, and
b the exclusion in Part 3 of this Schedule.

Specific exclusions

3 The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.
4 The services described in sub-paragraph (1) do not include services provided in relation to a matter arising under a family enactment.

Definitions

5 In this paragraph—
  • “abuse” means physical or mental abuse, including—
    1. sexual abuse, and
    2. abuse in the form of violence, neglect, maltreatment and exploitation;
  • “child” means a person under the age of 18;
  • “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);
  • “family enactment” has the meaning given in paragraph 12;
  • “personal representative”, in relation to an individual who has died, means—
    1. a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or
    2. a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;
  • “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from abuse is significantly impaired through physical or mental disability or illness, through old age or otherwise.

Working with children and vulnerable adults

4
1 Civil legal services provided in relation to—
a the inclusion of a person in a barred list or the removal of a person from a barred list;
b a disqualification order under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (disqualification from working with children);
c a direction under section 142 of the Education Act 2002 (prohibition from teaching etc).

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

3 In this paragraph “barred list” means a list maintained under—
a section 2 of the Safeguarding Vulnerable Groups Act 2006 (persons barred from regulated activities relating to children or vulnerable adults);
b section 81 of the Care Standards Act 2000;
c section 1 of the Protection of Children Act 1999.

Mental health and mental capacity

5
1 Civil legal services provided in relation to matters arising under—
a the Mental Health Act 1983;
b paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984;
c the Mental Capacity Act 2005.

General exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

3 The services described in sub-paragraph (1) do not include services provided in relation to—
a the creation of lasting powers of attorney under the Mental Capacity Act 2005, or
b the making of advance decisions under that Act.
4 Sub-paragraph (3) does not exclude services provided in relation to determinations and declarations by a court under the Mental Capacity Act 2005 as to the validity, meaning, effect or applicability of—
a a lasting power of attorney that has been created, or
b an advance decision that has been made.

Community care

6
1 Civil legal services provided in relation to community care services.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

3 In this paragraph—
  • “community care services” means services which a relevant person may provide or arrange to be provided under—
    1. F184...
    2. F184...
    3. F184...
    4. F184...
    5. section 117 of the Mental Health Act 1983 (after-care);
    6. section 17 of the Children Act 1989 (“the 1989 Act”) (provision of services for children in need);
    7. section 20 of the 1989 Act (provision of accommodation for children);
    8. sections 22A, 22B and 22C of the 1989 Act (accommodation and maintenance for children in care and looked after children);
    9. sections 23B and 23C of the 1989 Act (local authority functions in respect of relevant children);
    10. sections 24, 24A and 24B of the 1989 Act (provision of services for persons qualifying for advice and assistance);
    11. F189...
    12. F180...
    13. F189...
    14. Part 1 of the Care Act 2014 (local authority’s functions of meeting adult’s needs for care and support);
    15. section 15 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) (preventative services);
    16. Part 4 of the 2014 Act (local authority’s functions of meeting a person’s needs for care and support);
    17. section 76 of the 2014 Act (provision of accommodation for children);
    18. sections 79, 80 and 81 of the 2014 Act (accommodation and maintenance for children in care and looked after children);
    19. sections 105 to 116 of the 2014 Act (local authority support for certain children);
  • “relevant person” means—
    1. a district council;
    2. a county council;
    3. a county borough council;
    4. a London borough council;
    5. the Common Council of the City of London;
    6. a Primary Care Trust established under section 18 of the National Health Service Act 2006;
    7. a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
    8. any other person prescribed for the purposes of this paragraph.

Facilities for disabled persons

7
1 Civil legal services provided in relation to grants under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 for the provision of facilities for disabled persons.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

3 In this paragraph “disabled person” has the meaning given in section 100 of the Housing Grants, Construction and Regeneration Act 1996.

Appeals relating to welfare benefits

8
1 Civil legal services provided in relation to an appeal on a point of law to the Upper Tribunal, the Court of Appeal or the Supreme Court relating to a benefit, allowance, payment, credit or pension under—
a a social security enactment,
b the Vaccine Damage Payments Act 1979, or
c Part 4 of the Child Maintenance and Other Payments Act 2008.

Exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1 and 15 of that Part, and
b the exclusion in Part 3 of this Schedule.

Definitions

3 In this paragraph “social security enactment” means—
a the Social Security Contributions and Benefits Act 1992,
b the Jobseekers Act 1995,
c the State Pension Credit Act 2002,
d the Tax Credits Act 2002,
e the Welfare Reform Act 2007,
f the Welfare Reform Act 2012, or
g any other enactment relating to social security.

Appeals relating to council tax reduction schemes

8A
1 Civil legal services provided in relation to an appeal on a point of law to the High Court, the Court of Appeal or the Supreme Court relating to a council tax reduction scheme.

General exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

3 The services described in sub-paragraph (1) do not include advocacy in proceedings in the High Court.

Definitions

4 In this paragraph “ council tax reduction scheme ” has the same meaning as in Part 1 of the Local Government Finance Act 1992 (council tax: England and Wales) (see section 13A(9) of that Act).

Inherent jurisdiction of High Court in relation to children and vulnerable adults

9
1 Civil legal services provided in relation to the inherent jurisdiction of the High Court in relation to children and vulnerable adults.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

3 In this paragraph—
  • “adults” means persons aged 18 or over;
  • “children” means persons under the age of 18.

Unlawful removal of children

10
1 Civil legal services provided to an individual in relation to the following orders and requirements where the individual is seeking to prevent the unlawful removal of a related child from the United Kingdom or to secure the return of a related child who has been unlawfully removed from the United Kingdom—
a a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);
b an order under section 33 of the Family Law Act 1986 for disclosure of the child's whereabouts;
c an order under section 34 of that Act for the child's return;
d a requirement under section 37 of that Act to surrender a passport issued to, or containing particulars of, the child.
2 Civil legal services provided to an individual in relation to the following orders and applications where the individual is seeking to secure the return of a related child who has been unlawfully removed to a place in the United Kingdom—
a a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);
b an application under section 27 of the Family Law Act 1986 for registration of an order relating to the child;
c an order under section 33 of that Act for disclosure of the child's whereabouts;
d an order under section 34 of that Act for the child's return.

Exclusions

3 Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

4 For the purposes of this paragraph, a child is related to an individual if the individual is the child's parent or has parental responsibility for the child.
5 In this paragraph “child” means a person under the age of 18.

Family homes and domestic abuse

11
1 Civil legal services provided in relation to home rights, occupation orders and non-molestation orders under Part 4 of the Family Law Act 1996.
1A Civil legal services provided in relation to the following applications or proceedings under the Domestic Abuse Act 2021—
a an application F228...under section 28 (domestic abuse protection orders on application) F228...;
b proceedings under section 31(2) or (7) (domestic abuse protection orders on family or civil court’s own motion) so far as those proceedings relate to a domestic abuse protection order;
ba proceedings under section 31(3), (5) or (6) (domestic abuse protection orders on criminal court’s own motion) so far as those proceedings relate to a domestic abuse protection order;
bb proceedings under section 40 (arrest for breach of an order);
bc proceedings under section 44(2)(b) (variation and discharge of orders on court’s own motion) in a case where the court hearing the proceedings could make a domestic abuse protection order under section 31(3), (5) or (6), so far as those proceedings relate to a domestic abuse protection order;
c proceedings under section 44 (variation and discharge of orders) not within paragraph (bc);
d proceedings on an appeal under section 46(1) (appeal of decision on application for domestic abuse protection order under section 28);
e proceedings on an appeal under section 46(3) or (4) (appeal by person subject to an order against its making or variation on criminal court’s own motion);
f proceedings on an appeal under section 46(5) (other appeals against order varying or discharging a domestic abuse protection order);
g proceedings for contempt of court in relation to a domestic abuse protection order.
2 Civil legal services provided in relation to the following in circumstances arising out of a family relationship—
a an injunction following assault, battery or false imprisonment;
b the inherent jurisdiction of the High Court to protect an adult.

Exclusions

3 Sub-paragraphs (1) and (2) are subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 3 and 11 of that Part, and
b the exclusion in Part 3 of this Schedule.
3A Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.
3B The following services do not include advocacy of any type—
a services described in sub-paragraph (1A)(a) in so far as the services are provided—
i in relation to an application made by a chief officer of police for a domestic abuse protection order, and
ii for an individual other than the person against whom the order is being sought;
b services described in sub-paragraph (ba), (bc) or (e).
3C Any services described in sub-paragraph (1A) that are not within sub-paragraph (3B) are subject to the exclusion in Part 3 of this Schedule.

Definitions

4 For the purposes of this paragraph—
a there is a family relationship between two people if they are associated with each other, and
b “associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).
5 For the purposes of this paragraph, the Lord Chancellor may by regulations make provision about when circumstances arise out of a family relationship.

Victims of domestic abuse and family matters

12
1 Civil legal services provided to an adult (“A”) in relation to a matter arising out of a family relationship between A and another individual (“B”) where—
a there has been, or is a risk of, domestic abuse between A and B, and
b A was, or is at risk of being, the victim of that domestic abuse.

General exclusions

2 Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part.
3 But the exclusions described in sub-paragraph (2) are subject to the exception in sub-paragraph (4).
4 The services described in sub-paragraph (1) include services provided in relation to conveyancing, but only where—
a the services in relation to conveyancing are provided in the course of giving effect to a court order made in proceedings, and
b services described in that sub-paragraph (other than services in relation to conveyancing) are being or have been provided in relation to those proceedings under arrangements made for the purposes of this Part of this Act.
5 Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

Specific exclusion

6 The services described in sub-paragraph (1) do not include services provided in relation to a claim in tort in respect of the domestic abuse.

Definitions

7 For the purposes of this paragraph—
a there is a family relationship between two people if they are associated with each other, and
b “associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).
8 For the purposes of this paragraph—
a matters arising out of a family relationship include matters arising under a family enactment, and
b (subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.
9 In this paragraph—
  • “adult” means a person aged 18 or over;
  • “domestic abuse” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, economic or emotional) between individuals who are associated with each other; and for these purposes, such behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual;
  • “family enactment” means—
    1. section 17 of the Married Women's Property Act 1882 (questions between husband and wife as to property);
    2. the Maintenance Orders (Facilities for Enforcement) Act 1920;
    3. the Maintenance Orders Act 1950;
    4. the Maintenance Orders Act 1958;
    5. the Maintenance Orders (Reciprocal Enforcement) Act 1972;
    6. Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (staying of matrimonial proceedings) and corresponding provision in relation to civil partnerships made by rules of court under section 223 of the Civil Partnership Act 2004;
    7. the Matrimonial Causes Act 1973;
    8. the Inheritance (Provision for Family Dependants) Act 1975;
    9. the Domestic Proceedings and Magistrates' Courts Act 1978;
    10. Part 3 of the Matrimonial and Family Proceedings Act 1984 (financial relief after overseas divorce etc);
    11. Parts 1 and 3 of the Family Law Act 1986 (child custody and declarations of status);
    12. Parts 1 and 2 of the Children Act 1989 (orders with respect to children in family proceedings);
    13. section 53 of, and Schedule 7 to, the Family Law Act 1996 (transfer of tenancies on divorce etc or separation of cohabitants);
    14. Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings and property and financial arrangements);
    15. sections 54 and 54A of the Human Fertilisation and Embryology Act 2008 (applications for parental orders).
    16. section 51A of the Adoption and Children Act 2002 (post-adoption contact orders).

Protection of children and family matters

13
1 Civil legal services provided to an adult (“A”) in relation to the following orders and procedures where the child who is or would be the subject of the order is at risk of abuse from an individual other than A—
a orders under section 4(2A) of the Children Act 1989 (“the 1989 Act”) (removal of father's parental responsibility);
b orders under section 6(7) of the 1989 Act (termination of appointment of guardian);
c orders mentioned in section 8(1) of the 1989 Act (child arrangements orders and other orders);
d special guardianship orders under Part 2 of the 1989 Act;
e orders under section 33 of the Family Law Act 1986 (“the 1986 Act”) (disclosure of child's whereabouts);
f orders under section 34 of the 1986 Act (return of child).
g orders under section 51A of the Adoption and Children Act 2002 (post-adoption contact).

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

3 In this paragraph—
  • “abuse” means physical or mental abuse, including—
    1. sexual abuse, and
    2. abuse in the form of violence, neglect, maltreatment and exploitation;
  • “adult” means a person aged 18 or over;
  • “child” means a person under the age of 18.

Mediation in family disputes

14
1 Mediation provided in relation to family disputes.
2 Civil legal services provided in connection with the mediation of family disputes.

Exclusions

3 Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part.
4 But the exclusions described in sub-paragraph (3) are subject to the exception in sub-paragraph (5).
5 The services described in sub-paragraph (2) include services provided in relation to conveyancing, but only where—
a the services in relation to conveyancing are provided in the course of giving effect to arrangements for the resolution of a family dispute, and
b services described in that sub-paragraph or sub-paragraph (1) (other than services in relation to conveyancing) are being or have been provided in relation to the dispute under arrangements made for the purposes of this Part of this Act.
6 Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this Schedule.

Definitions

7 For the purposes of this paragraph—
a a dispute is a family dispute if it is a dispute between individuals about a matter arising out of a family relationship between the individuals,
b there is a family relationship between two individuals if they are associated with each other, and
c “associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).
8 For the purposes of this paragraph—
a matters arising out of a family relationship include matters arising under a family enactment, and
b (subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.
9 In this paragraph—
  • “child” means a person under the age of 18;
  • “family enactment” has the meaning given in paragraph 12.

Children who are parties to family proceedings

15
1 Civil legal services provided to a child in relation to family proceedings—
a where the child is, or proposes to be, the applicant or respondent;
b where the child is made a party to the proceedings by a court under rule 16.2 of the Family Procedure Rules;
c where the child is a party to the proceedings and is conducting, or proposes to conduct, the proceedings without a children's guardian or litigation friend in accordance with rule 16.6 of the Family Procedure Rules.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

3 For the purposes of this paragraph—
a proceedings are family proceedings if they relate to a matter arising out of a family relationship,
b there is a family relationship between two individuals if they are associated with each other, and
c “associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).
4 For the purposes of this paragraph—
a matters arising out of a family relationship include matters arising under a family enactment, and
b (subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.
5 In this paragraph—
  • “child” means a person under the age of 18;
  • “family enactment” has the meaning given in paragraph 12.

Female genital mutilation protection orders

15A
1 Civil legal services provided in relation to female genital mutilation protection orders under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Forced marriage

16
1 Civil legal services provided in relation to forced marriage protection orders under Part 4A of the Family Law Act 1996.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Transitional EU arrangements and international agreements concerning children

17
1 Civil legal services provided in relation to—
a an application made to the Lord Chancellor under the 1980 European Convention on Child Custody for the recognition or enforcement in England and Wales of a decision relating to the custody of a child;
b an application made to the Lord Chancellor under the 1980 Hague Convention in respect of a child who is, or is believed to be, in England and Wales;
c the recognition or enforcement of a judgment in England and Wales in accordance with Article 21, 28, 41, 42 or 48 of the 2003 Brussels Regulation.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

3 In this paragraph—
  • “the 1980 European Convention on Child Custody” means the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980;
  • “the 1980 Hague Convention” means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980;
  • “the 2003 Brussels Regulation” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.
4 For the purposes of this paragraph, an application is made to the Lord Chancellor if it is addressed to the Lord Chancellor or transmitted to the Lord Chancellor in accordance with section 3 or 14 of the Child Abduction and Custody Act 1985.

Transitional EU arrangements and international agreements concerning maintenance

18
1 Civil legal services provided in relation to an application under the following for the recognition or enforcement in England and Wales of a maintenance order—
a the 1968 Brussels Convention;
b the 1973 Hague Convention;
c the 1989 Lugano Convention;
d the 2000 Brussels Regulation;
e the 2007 Lugano Convention.
2 Civil legal services provided in relation to an application under Article 56 of the EU Maintenance Regulation (applications relating to maintenance decisions).
3 Civil legal services provided to an individual in relation to proceedings in England and Wales relating to the recognition, enforceability or enforcement of a maintenance decision in circumstances in which the individual falls within Article 47(2) or (3) of the EU Maintenance Regulation (parties who benefited from free legal aid etc in Member State of origin).
3A Civil legal services provided in relation to an application under Article 10 of the 2007 Hague Convention (applications relating to maintenance decisions).
3B Civil legal services provided to an individual in relation to proceedings in England and Wales relating to the recognition or enforcement of a maintenance decision in circumstances in which—
a Article 17(b) of the 2007 Hague Convention (free legal assistance for persons who benefited from such assistance in State of origin) applies to the proceedings by virtue of Article 37(2) of that Convention (direct request to competent authority of Contracting State), and
b the individual falls within Article 17(b) as so applied.

Exclusions

4 Sub-paragraphs (1) to (3B) are subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part, and
b the exclusion in Part 3 of this Schedule.

Definitions

5 In this paragraph—
  • “the 1968 Brussels Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention) signed at Brussels on 27 September 1968;
  • “the 1973 Hague Convention” means the Convention on the recognition and enforcement of decisions relating to maintenance obligations concluded at The Hague on 2 October 1973;
  • “the 1989 Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocols annexed to that Convention) opened for signature at Lugano on 16 September 1988 and signed by the United Kingdom on 18 September 1989;
  • “the 2000 Brussels Regulation” means Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
  • “ the 2007 Hague Convention ” means the Convention on the international recovery of child support and other forms of family maintenance concluded at The Hague on 23 November 2007;
  • “the 2007 Lugano Convention” means the Convention on jurisdiction and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30 October 2007;
  • “the EU Maintenance Regulation” means Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations;
  • “maintenance order”, in relation to a convention or regulation listed in this paragraph, means a maintenance judgment within the meaning of that convention or regulation.

Judicial review

19
1 Civil legal services provided in relation to judicial review of an enactment, decision, act or omission.

General exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8, 12, 15, 16 and 18 of that Part, and
b the exclusion in Part 3 of this Schedule.

Specific exclusion: benefit to individual

3 The services described in sub-paragraph (1) do not include services provided to an individual in relation to judicial review that does not have the potential to produce a benefit for the individual, a member of the individual's family or the environment.
4 Sub-paragraph (3) does not exclude services provided in relation to a judicial review where the judicial review ceases to have the potential to produce such a benefit after civil legal services have been provided in relation to the judicial review under arrangements made for the purposes of this Part of this Act.

Specific exclusions: immigration cases

5 The services described in sub-paragraph (1) do not include services provided in relation to judicial review in respect of an issue relating to immigration where—
a the same issue, or substantially the same issue, was the subject of a previous judicial review or an appeal to a court or tribunal,
b on the determination of the previous judicial review or appeal (or, if there was more than one, the latest one), the court, tribunal or other person hearing the case found against the applicant or appellant on that issue, and
c the services in relation to the new judicial review are provided before the end of the period of 1 year beginning with the day of that determination.
6 The services described in sub-paragraph (1) do not include services provided in relation to judicial review of removal directions in respect of an individual where the directions were given not more than 1 year after the latest of the following—
a the making of the decision (or, if there was more than one, the latest decision) to remove the individual from the United Kingdom by way of removal directions;
b the refusal of leave to appeal against that decision;
c the determination or withdrawal of an appeal against that decision.
7 Sub-paragraphs (5) and (6) do not exclude services provided to an individual in relation to—
a judicial review of a negative decision in relation to an asylum application (within the meaning of the EU Procedures Directive) where there is no right of appeal to the First-tier Tribunal against the decision;
b judicial review of certification under section 94 or 96 of the Nationality, Immigration and Asylum Act 2002 (certificate preventing or restricting appeal of immigration decision).
8 Sub-paragraphs (5) and (6) do not exclude services provided in relation to judicial review of removal directions in respect of an individual where prescribed conditions relating to either or both of the following are met—
a the period between the individual being given notice of the removal directions and the proposed time for his or her removal;
b the reasons for proposing that period.

Definitions

9 For the purposes of this paragraph an individual is a member of another individual's family if—
a they are relatives (whether of the full blood or half blood or by marriage or civil partnership),
b they are cohabitants (as defined in Part 4 of the Family Law Act 1996), or
c one has parental responsibility for the other.
10 In this paragraph—
  • “EU Procedures Directive” means Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status;
  • “an issue relating to immigration” includes an issue relating to rights described in paragraph 30 of this Part of this Schedule;
  • “judicial review” means—
    1. the procedure on an application for judicial review (see section 31 of the Senior Courts Act 1981), but not including the procedure after the application is treated under rules of court as if it were not such an application, and
    2. any procedure in which a court, tribunal or other person mentioned in Part 3 of this Schedule is required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review;
  • “removal directions” means directions under—
    1. paragraphs 8 to 10A of Schedule 2 to the Immigration Act 1971 (removal of persons refused leave to enter and illegal entrants);
    2. paragraphs 12 to 14 of Schedule 2 to that Act (removal of seamen and aircrew);
    3. paragraph 1 of Schedule 3 to that Act (removal of persons liable to deportation);
    4. section 10 of the Immigration and Asylum Act 1999 (removal of certain persons unlawfully in the United Kingdom);
    5. F173...

Habeas corpus

20
1 Civil legal services provided in relation to a writ of habeas corpus ad subjiciendum.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Abuse of position or powers by public authority

21
1 Civil legal services provided in relation to abuse by a public authority of its position or powers.

General exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8 and 12 of that Part, and
b the exclusion in Part 3 of this Schedule.

Specific exclusion

3 The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.

Definitions

4 For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission—
a is deliberate or dishonest, and
b results in harm to a person or property that was reasonably foreseeable.
5 In this paragraph—
  • “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);
  • “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.

Breach of Convention rights by public authority

22
1 Civil legal services provided in relation to—
a a claim in tort, or
b a claim for damages (other than a claim in tort),
in respect of an act or omission by a public authority that involves a significant breach of Convention rights by the authority.

General exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8 and 12 of that Part, and
b the exclusion in Part 3 of this Schedule.

Specific exclusion

3 The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.

Definitions

4 In this paragraph—
  • “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);
  • “Convention rights” has the same meaning as in the Human Rights Act 1998;
  • “public authority” has the same meaning as in section 6 of that Act.

Clinical negligence and severely disabled infants

23
1 Civil legal services provided in relation to a claim for damages in respect of clinical negligence which caused a neurological injury to an individual (“V”) as a result of which V is severely disabled, but only where the first and second conditions are met.
2 The first condition is that the clinical negligence occurred—
a while V was in his or her mother's womb, or
b during or after V's birth but before the end of the following period—
i if V was born before the beginning of the 37th week of pregnancy, the period of 8 weeks beginning with the first day of what would have been that week;
ii if V was born during or after the 37th week of pregnancy, the period of 8 weeks beginning with the day of V's birth.
3 The second condition is that—
a the services are provided to V, or
b V has died and the services are provided to V's personal representative.

General exclusions

4 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3 and 8 of that Part, and
b the exclusion in Part 3 of this Schedule.

Definitions

5 In this paragraph—
  • “birth” means the moment when an individual first has a life separate from his or her mother and references to an individual being born are to be interpreted accordingly;
  • “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);
  • “disabled” means physically or mentally disabled;
  • “personal representative”, in relation to an individual who has died, means—
    1. a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or
    2. a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate.

Special Immigration Appeals Commission

24
1 Civil legal services provided in relation to proceedings before the Special Immigration Appeals Commission.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: detention

25
1 Civil legal services provided in relation to—
a detention under the authority of an immigration officer;
b detention under Schedule 3 to the Immigration Act 1971;
c detention under section 62 of the Nationality, Immigration and Asylum Act 2002;
d detention under section 36 of the UK Borders Act 2007.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: temporary admission

26
1 Civil legal services provided in relation to temporary admission to the United Kingdom under—
a paragraph 21 of Schedule 2 to the Immigration Act 1971;
b section 62 of the Nationality, Immigration and Asylum Act 2002.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: residence etc restrictions

27
1 Civil legal services provided in relation to restrictions imposed under—
a paragraph 2(5) or 4 of Schedule 3 to the Immigration Act 1971 (residence etc restrictions pending deportation);
b section 71 of the Nationality, Immigration and Asylum Act 2002 (residence etc restrictions on asylum-seekers).

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: victims of domestic abuse, leave to enter and indefinite leave to remain

28
1 Civil legal services provided to an individual in relation to an application for leave to enter or indefinite leave to remain in the United Kingdom in reliance on Appendix Victim of Domestic Abuse to the immigration rules.

General exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

3 The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on an application.

Definitions

F2154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In this paragraph—
  • F216...
  • F216...
  • “immigration rules” has the same meaning as in the Immigration Act 1971;
  • “indefinite leave to remain in the United Kingdom” means leave to remain in the United Kingdom under the Immigration Act 1971 which is not limited as to duration;
  • “leave to enter” is to be construed in accordance with the Immigration Act 1971;
  • F218...

Immigration: victims of domestic abuse and residence cards

29
1 Civil legal services provided to an individual (“V”) in relation to a residence card application where V—
a has ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person,
b is a family member who has retained the right of residence by virtue of satisfying the conditions in regulation 10(5) of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) (“the 2006 Regulations”), and
c has satisfied the condition in regulation 10(5)(d)(iv) of the 2006 Regulations on the ground that V or a family member of V was the victim of domestic abuse while the marriage or civil partnership of the qualified person was subsisting.

General exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

3 The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on an application.

Definitions

4 In this paragraph—
  • “domestic abuse” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, economic or emotional) between individuals who are associated with each other; and for these purposes, such behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual;
  • “family member” has the same meaning as in the 2006 Regulations (see regulations 7 and 9);
  • “family member who has retained the right of residence” has the same meaning as in the 2006 Regulations (see regulation 10);
  • “qualified person” has the same meaning as in the 2006 Regulations (see regulation 6);
  • “residence card application” means—
    1. an application for a residence card under regulation 17 of the 2006 Regulations, or
    2. an application for a permanent residence card under regulation 18(2) of the 2006 Regulations.

Immigration: rights to enter and remain

30
1 Civil legal services provided in relation to rights to enter, and to remain in, the United Kingdom which—
a arise from—
i the Refugee Convention; or
ii Article 2 or 3 of the Human Rights Convention; or
b are conferred by—
i immigration rules, insofar as they implemented the Qualification Directive; or
ii any other provision of assimilated law which implemented the Qualification Directive.

General exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

3 The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on a claim in respect of the rights mentioned in that sub-paragraph, except where regulations provide otherwise.

Definitions

4 In this paragraph—
  • “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950 as it has effect for the time being in relation to the United Kingdom;
  • “ immigration rules ” has the meaning given by section 33(1) of the Immigration Act 1971;
  • “the Qualification Directive” means Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;
  • “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;
  • F108...

Immigration: accommodation for asylum-seekers etc

31
1 Civil legal services provided in relation to the Secretary of State's powers to provide, or arrange for the provision of, accommodation under—
a section 4 or 95 of the Immigration and Asylum Act 1999 (accommodation for persons temporarily admitted and asylum-seekers);
b section 17 of the Nationality, Immigration and Asylum Act 2002 (support for destitute asylum-seekers).

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration, citizenship and nationality: separated children

31A
1 Civil legal services provided in relation to a relevant application where the services are provided to an individual who, at the time of applying for those services, is a separated child.
2 A relevant application is—
a an application made by the separated child or another person under the immigration rules for the grant of entry clearance, leave to enter or leave to remain in the United Kingdom (whether under or outside of the immigration rules),
b an application made by the separated child outside of the immigration rules for the grant of leave to remain in the United Kingdom, or
c an application made by the separated child for registration under the British Nationality Act 1981 as—
i a British citizen,
ii a British overseas territories citizen,
iii a British Overseas citizen, or
iv a British subject.

Exclusions

3 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

4 In this paragraph—
  • “child” means an individual—
    1. who is under the age of 18, or
    2. whose age is uncertain, but who is treated by the Director as being under the age of 18;
  • “entry clearance” has the same meaning as in the Immigration Act 1971;
  • “immigration rules” has the same meaning as in the Immigration Act 1971;
  • “leave to enter” and “leave to remain” are to be construed in accordance with the Immigration Act 1971;
  • “separated”, in relation to a child, means—
    1. not being cared for by a parent,
    2. not being cared for by a person with parental responsibility for the child (within the meaning of section 3 of the Children Act 1989), or
    3. looked after by a local authority (within the meaning of section 107(6)).

Victims of trafficking in human beings

32
1 Civil legal services provided to an individual in relation to an application by the individual for leave to enter, or to remain in, the United Kingdom where—
a there has been a conclusive determination that the individual is a victim of trafficking in human beings, or
b there are reasonable grounds to believe that the individual is such a victim and there has not been a conclusive determination that the individual is not such a victim.
2 Civil legal services provided in relation to a claim under employment law arising in connection with the exploitation of an individual who is a victim of trafficking in human beings, but only where—
a the services are provided to the individual, or
b the individual has died and the services are provided to the individual's personal representative.
3 Civil legal services provided in relation to a claim for damages arising in connection with the trafficking or exploitation of an individual who is a victim of trafficking in human beings, but only where—
a the services are provided to the individual, or
b the individual has died and the services are provided to the individual's personal representative.

Exclusions

4 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
5 Sub-paragraphs (2) and (3) are subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part, and
b the exclusion in Part 3 of this Schedule.

Definitions

6 For the purposes of sub-paragraph (1)(b) there are reasonable grounds to believe that an individual is a victim of trafficking in human beings if a competent authority has determined for the purposes of Article 10 of the Trafficking Convention (identification of victims) that there are such grounds.
7 For the purposes of sub-paragraph (1) there is a conclusive determination that an individual is or is not a victim of trafficking in human beings when, on completion of the identification process required by Article 10 of the Trafficking Convention, a competent authority concludes that the individual is or is not such a victim.
8 In this paragraph—
  • “competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention;
  • “employment” means employment under a contract of employment or a contract personally to do work and references to “employers” and “employees” are to be interpreted accordingly;
  • “employment law” means an enactment or rule of law relating to employment, including in particular an enactment or rule of law conferring powers or imposing duties on employers, conferring rights on employees or otherwise regulating the relations between employers and employees;
  • “exploitation” means a form of exploitation described in section 3 of the Modern Slavery Act 2015 (meaning of exploitation for purposes of human trafficking offence in section 2 of that Act);
  • “personal representative”, in relation to an individual who has died, means—
    1. a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or
    2. a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;
  • “the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);
  • “trafficking in human beings” has the same meaning as in the Trafficking Convention.

Victims of slavery, servitude or forced or compulsory labour

32A
1 Civil legal services provided to an individual in relation to an application by the individual for leave to enter, or to remain in, the United Kingdom where—
a there has been a conclusive determination that the individual is a victim of slavery, servitude or forced or compulsory labour, or
b there are reasonable grounds to believe that the individual is such a victim and there has not been a conclusive determination that the individual is not such a victim.
2 Civil legal services provided in relation to a claim under employment law arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where—
a the services are provided to the individual, or
b the individual has died and the services are provided to the individual's personal representative.
3 Civil legal services provided in relation to a claim for damages arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where—
a the services are provided to the individual, or
b the individual has died and the services are provided to the individual's personal representative.

Exclusions

4 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
5 Sub-paragraphs (2) and (3) are subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part, and
b the exclusion in Part 3 of this Schedule.

Definitions

6 For the purposes of sub-paragraph (1)(b) there are reasonable grounds to believe that an individual is a victim of slavery, servitude or forced or compulsory labour if a competent authority has determined that there are such grounds.
7 For the purposes of sub-paragraph (1) there is a conclusive determination that an individual is or is not a victim of slavery, servitude or forced or compulsory labour when a competent authority concludes that the individual is or is not such a victim.
8 For the purposes of this paragraph “ slavery ”, “ servitude ” and “ forced or compulsory labour ” have the same meaning as they have for the purposes of article 4 of the Human Rights Convention.
9 The “ Human Rights Convention ” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950, as it has effect for the time being in relation to the United Kingdom.
10 The definitions of “competent authority”, “employment”, “employment law” and “personal representative” in paragraph 32(8) also apply for the purposes of this paragraph.

Loss of home

33
1 Civil legal services provided to an individual in relation to—
a court orders for sale or possession of the individual's home, or
b the eviction from the individual's home of the individual or others.
1A Civil legal services provided to an individual, where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination), in relation to –
a housing matters;
b debt;
c a benefit, allowance, payment, credit or pension under—
i a social security enactment;
ii the Vaccine Damage Payments Act 1979;
iii Part 4 of the Child Maintenance and Other Payments Act 2008;
d a council tax reduction scheme.
2 Civil legal services provided to an individual in relation to a bankruptcy order against the individual under Part 9 of the Insolvency Act 1986 where—
a the individual's estate includes the individual's home, and
b the petition for the bankruptcy order is or was presented by a person other than the individual,
including services provided in relation to a statutory demand under that Part of that Act.

General exclusions

3 Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 14 of that Part.
4 But the exclusions described in sub-paragraph (3) are subject to the exceptions in sub-paragraphs (5) and (6).
5 The services described in sub-paragraph (1) include services provided in relation to proceedings on an application under the Trusts of Land and Appointment of Trustees Act 1996 to which section 335A of the Insolvency Act 1986 applies (application by trustee of bankrupt's estate).
6 The services described in sub-paragraph (1) include services described in any of paragraphs 3 to 6 or 8 of Part 2 of this Schedule to the extent that they are—
a services provided to an individual in relation to a counterclaim in proceedings for a court order for sale or possession of the individual's home, or
b services provided to an individual in relation to the unlawful eviction from the individual's home of the individual or others.
7 Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this Schedule.
7A Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraphs 14 and 15 of that Part.

Specific exclusion

8 The services described in sub-paragraph (1) do not include services provided in relation to—
a proceedings under the Matrimonial Causes Act 1973;
b proceedings under Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings and property and financial arrangements).
8A The services described in sub-paragraph (1A) do not include advocacy.

Definitions

9 In this paragraph—
  • “council tax reduction scheme” has the meaning given in paragraph 8A(4);
  • “home”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual’s only or main residence, subject to sub-paragraph (10);
  • “housing matters” means matters which concern—
    1. the possession of, status of, terms of occupation, repair of, improvement of, quiet enjoyment of, or payment of rent or other charges for, an individual’s home;
    2. the rights of leaseholders under the terms of their lease or under any statutory provision ;
    3. the allocation and transfer of housing and the provision of sites for occupation,
    but does not include disputes relating to any boundary of a property;
  • “social security enactment” has the meaning given in paragraph 8(3).
10 References in this paragraph to an individual's home do not include a vehicle or structure occupied by the individual if—
a there are no grounds on which it can be argued that the individual is occupying the vehicle or structure otherwise than as a trespasser, and
b there are no grounds on which it can be argued that the individual's occupation of the vehicle or structure began otherwise than as a trespasser.
11 In sub-paragraphs (9) and (10), the references to a caravan, houseboat or other vehicle include the land on which it is located or to which it is moored.
12 For the purposes of sub-paragraph (10) individuals occupying, or beginning occupation, of a vehicle or structure as a trespasser include individuals who do so by virtue of—
a title derived from a trespasser, or
b a licence or consent given by a trespasser or a person deriving title from a trespasser.
13 For the purposes of sub-paragraph (10) an individual who is occupying a vehicle or structure as a trespasser does not cease to be a trespasser by virtue of being allowed time to leave the vehicle or structure.

Homelessness

34.
1 Civil legal services provided to an individual who is homeless, or threatened with homelessness, in relation to the provision of accommodation and assistance for the individual under—
a Part 6 of the Housing Act 1996 (allocation of housing accommodation);
b Part 7 of that Act (homelessness).
c Part 2 of the Housing (Wales) Act 2014 (homelessness).

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

3 In this paragraph “homeless” and “threatened with homelessness” have the same meaning —
a as in section 175 of the Housing Act 1996 in cases where sub-paragraph (1) applies in relation to the provision of accommodation and assistance under—
i Part 6 of that Act as it relates to England;
ii Part 7 of that Act;
b as in section 55 of the Housing (Wales) Act 2014 in cases where sub-paragraph (1) applies in relation to the provision of accommodation and assistance under—
i Part 6 of the Housing Act 1996 as it relates to Wales;
ii Part 2 of the Housing (Wales) Act 2014.

Risk to health or safety in rented home

35
1 Civil legal services provided to an individual in relation to the removal or reduction of a serious risk of harm to the health or safety of the individual or a relevant member of the individual's family where—
a the risk arises from a deficiency in the individual's home,
b the individual's home is rented or leased from another person, and
c the services are provided with a view to securing that the other person makes arrangements to remove or reduce the risk.

Exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 6 and 8 of that Part, and
b the exclusion in Part 3 of this Schedule.

Definitions

3 For the purposes of this paragraph—
a a child is a relevant member of an individual's family if the individual is the child's parent or has parental responsibility for the child;
b an adult (“A”) is a relevant member of an individual's family if—
i they are relatives (whether of the full blood or half blood or by marriage or civil partnership) or cohabitants, and
ii the individual's home is also A's home.
4 In this paragraph—
  • “adult” means a person aged 18 or over;
  • “building” includes part of a building;
  • “child” means a person under the age of 18;
  • “cohabitant” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62(1) of that Act);
  • “deficiency” means any deficiency, whether arising as a result of the construction of a building, an absence of maintenance or repair, or otherwise;
  • “harm” includes temporary harm;
  • “health” includes mental health;
  • “home”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual's only or main residence, together with any garden or ground usually occupied with it.

Anti-social behaviour

36
1 Civil legal services provided to an individual in relation to an application for, or proceedings in respect of, an injunction against the individual under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Protection from harassment

37
1 Civil legal services provided in relation to—
a an injunction under section 3 or 3A of the Protection from Harassment Act 1997;
b the variation or discharge of a restraining order under section 5 or 5A of that Act.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Gang-related violence and drug-dealing activity

38
1 Civil legal services provided in relation to injunctions under Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence and drug-dealing activity).

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Sexual offences

39
1 Civil legal services provided in relation to a sexual offence, but only where—
a the services are provided to the victim of the offence, or
b the victim of the offence has died and the services are provided to the victim's personal representative.

Exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, and
b the exclusion in Part 3 of this Schedule.

Definitions

3 In this paragraph—
  • “personal representative”, in relation to an individual who has died, means—
    1. a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or
    2. a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;
  • “sexual offence” means—
    1. an offence under a provision of the Sexual Offences Act 2003 (“the 2003 Act”), F147...
    2. an offence under section 1 of the Protection of Children Act 1978 (“the 1978 Act”) (indecent photographs of children), and
    3. an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
4 The references in sub-paragraph (1) to a sexual offence include—
a incitement to commit a sexual offence,
b an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which a sexual offence is the offence which the person intended or believed would be committed,
c conspiracy to commit a sexual offence, and
d an attempt to commit a sexual offence.
5 In this paragraph references to a sexual offence include conduct which would be an offence under a provision of the 2003 Act or section 1 of the 1978 Act but for the fact that it took place before that provision or section came into force.
6 Conduct falls within the definition of a sexual offence for the purposes of this paragraph whether or not there have been criminal proceedings in relation to the conduct and whatever the outcome of any such proceedings.

Proceeds of crime

40
1 Civil legal services provided in relation to—
a restraint orders under section 41 of the Proceeds of Crime Act 2002 (“the 2002 Act”) including orders under section 41(7) of that Act (orders for ensuring that restraint order is effective);
b orders under section 47M of the 2002 Act (detention of property);
c directions under section 54(3) of the 2002 Act (distribution of funds in the hands of a receiver);
d directions under section 62 of the 2002 Act (action to be taken by receiver);
e orders under section 67A of the 2002 Act (realising property), including directions under section 67D of that Act (distribution of proceeds of realisation);
f orders under section 72 or 73 of the 2002 Act (compensation);
g applications under section 351 of the 2002 Act (discharge or variation of a production order or order to grant entry);
h applications under section 362 of the 2002 Act (discharge or variation of disclosure order);
i applications under section 369 of the 2002 Act (discharge or variation of customer information order);
j applications under section 375 of the 2002 Act (discharge or variation of account monitoring orders).

General exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraph 14 of that Part, and
b the exclusion in Part 3 of this Schedule.

Specific exclusions

3 Where a confiscation order has been made under Part 2 of the 2002 Act against a defendant, the services described in sub-paragraph (1) do not include services provided to the defendant in relation to—
a directions under section 54(3) of that Act (distribution of funds in the hands of a receiver), or
b directions under section 67D of that Act (distribution of proceeds of realisation),
that relate to property recovered pursuant to the order.
4 Where a confiscation order has been made under Part 2 of the 2002 Act against a defendant and varied under section 29 of that Act, the services described in sub-paragraph (1) do not include services provided in relation to an application by the defendant under section 73 of that Act (compensation).

Inquests

41
1 Civil legal services provided to an individual in relation to an inquest under the Coroners Act 1988 into the death of a member of the individual's family.

Exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraph 1 of that Part, and
b the exclusion in Part 3 of this Schedule.

Definitions

3 For the purposes of this paragraph an individual is a member of another individual's family if—
a they are relatives (whether of the full blood or half blood or by marriage or civil partnership),
b they are cohabitants (as defined in Part 4 of the Family Law Act 1996), or
c one has parental responsibility for the other.

Environmental pollution

42
1 Civil legal services provided in relation to injunctions in respect of nuisance arising from prescribed types of pollution of the environment.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Equality

43
1 Civil legal services provided in relation to contravention of the Equality Act 2010 or a previous discrimination enactment.

Exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraph 15 of that Part, and
b the exclusion in Part 3 of this Schedule.

Definitions

3 In this paragraph “previous discrimination enactment” means—
a the Equal Pay Act 1970;
b the Sex Discrimination Act 1975;
c the Race Relations Act 1976;
d the Disability Discrimination Act 1995;
e the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660);
f the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661);
g the Equality Act 2006;
h the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);
i the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).
4 The reference in sub-paragraph (1) to contravention of the Equality Act 2010 or a previous discrimination enactment includes—
a breach of a term modified by, or included by virtue of, a provision that is an equality clause or equality rule for the purposes of the Equal Pay Act 1970 or the Equality Act 2010, and
b breach of a provision that is a non-discrimination rule for the purposes of the Equality Act 2010.

Cross-border disputes

F3444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terrorism prevention and investigation measures etc

45
1 Civil legal services provided to an individual in relation to a TPIM notice relating to the individual.
2 Civil legal services provided to an individual in relation to control order proceedings relating to the individual.

Exclusions

3 Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.
4 In this paragraph—
  • “control order proceedings” means proceedings described in paragraph 3(1)(a) to (e) of Schedule 8 to the Terrorism Prevention and Investigation Measures Act 2011 (“the 2011 Act”);
  • “TPIM notice” means a notice under section 2(1) of the 2011 Act.

Extension of time for retention of travel documents

45A
1 Civil legal services provided in relation to proceedings under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015.

Exclusions

2 Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Foreign power threat activity prevention and investigation measures

45B
1 Civil legal services provided to an individual in relation to a notice under section 39(1) of the National Security Act 2023 relating to the individual.
2 Sub-paragraph (1) is subject to—
a the exclusions in Part 2 of this Schedule, with the exception of paragraph 18 of that Part, and
b the exclusion in Part 3 of this Schedule.

Connected matters

46
1 Prescribed civil legal services provided, in prescribed circumstances, in connection with the provision of services described in a preceding paragraph of this Part of this Schedule.

Exclusions

2 Sub-paragraph (1) is subject to—
a the exclusions in Parts 2 and 3 of this Schedule, except to the extent that regulations under this paragraph provide otherwise, and
b any other prescribed exclusions.

Part 2 Excluded services

The services described in Part 1 of this Schedule do not include the services listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise.

1Civil legal services provided in relation to personal injury or death.
2Civil legal services provided in relation to a claim in tort in respect of negligence.
3Civil legal services provided in relation to a claim in tort in respect of assault, battery or false imprisonment.
4Civil legal services provided in relation to a claim in tort in respect of trespass to goods.
5Civil legal services provided in relation to a claim in tort in respect of trespass to land.
6Civil legal services provided in relation to damage to property.
7Civil legal services provided in relation to defamation or malicious falsehood.
8Civil legal services provided in relation to a claim in tort in respect of breach of statutory duty.
9Civil legal services provided in relation to conveyancing.
10Civil legal services provided in relation to the making of wills.
C111Civil legal services provided in relation to matters of trust law.
12
1 Civil legal services provided in relation to a claim for damages in respect of a breach of Convention rights by a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998.
2 In this paragraph—
  • “Convention rights” has the same meaning as in the Human Rights Act 1998;
  • “public authority” has the same meaning as in section 6 of that Act.
C213Civil legal services provided in relation to matters of company or partnership law.
C314Civil legal services provided to an individual in relation to matters arising out of or in connection with—
a a proposal by that individual to establish a business,
b the carrying on of a business by that individual (whether or not the business is being carried on at the time the services are provided), or
c the termination or transfer of a business that was being carried on by that individual.
15
1 Civil legal services provided in relation to a benefit, allowance, payment, credit or pension under—
a a social security enactment,
b the Vaccine Damage Payments Act 1979, or
c Part 4 of the Child Maintenance and Other Payments Act 2008.
2 In this paragraph “social security enactment” means—
a the Social Security Contributions and Benefits Act 1992,
b the Jobseekers Act 1995,
c the State Pension Credit Act 2002,
d the Tax Credits Act 2002,
e the Welfare Reform Act 2007,
f the Welfare Reform Act 2012, or
g any other enactment relating to social security.
16Civil legal services provided in relation to compensation under the Criminal Injuries Compensation Scheme.
17Civil legal services provided in relation to changing an individual's name.
18
1 Civil legal services provided in relation to judicial review of an enactment, decision, act or omission.
2 In this paragraph “ judicial review ” means—
a the procedure on an application for judicial review (see section 31 of the Senior Courts Act 1981), but not including the procedure after the application is treated under rules of court as if it were not such an application, and
b any procedure in which a court, tribunal or other person mentioned in Part 3 of this Schedule is required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review.

Part 3 Advocacy: exclusion and exceptions

The services described in Part 1 of this Schedule do not include advocacy, except as follows—

a those services include the types of advocacy listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise;
b those services include other types of advocacy to the extent that Part 1 of this Schedule so provides.

Exceptions: courts

1Advocacy in proceedings in the Supreme Court.
2Advocacy in proceedings in the Court of Appeal.
3Advocacy in proceedings in the High Court.
4Advocacy in proceedings in the Court of Protection to the extent that they concern—
a a person's right to life,
b a person's liberty or physical safety,
c a person's medical treatment (within the meaning of the Mental Health Act 1983),
d a person's capacity to marry, to enter into a civil partnership or to enter into sexual relations, or
e a person's right to family life.
5Advocacy in proceedings in the county court.
5AAdvocacy in proceedings in the family court.
6Advocacy in the following proceedings in the Crown Court—
a proceedings for the variation or discharge of an order under section 360 of the Sentencing Code or section 5A of the Protection from Harassment Act 1997, F200...
aa proceedings on an appeal under section 10(1)(b) of the Crime and Disorder Act 1998(1) against the making of a parenting order where an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014,
b proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule.
c proceedings on an appeal under section 46B of the Policing and Crime Act 2009, F174 ...
d proceedings on an appeal under section 15 of the Anti-social Behaviour, Crime and Policing Act 2014 F40...
e proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003 ,
ea proceedings in relation to an application for the variation or discharge of a domestic abuse protection order under section 44(2)(a) of the Domestic Abuse Act 2021, and
f proceedings on an appeal under section 46(1) or (5) of that Act.
7Advocacy in a magistrates' court that falls within the description of civil legal services in any of the following provisions of Part 1 of this Schedule—
a paragraph 1(1)(e)
b paragraph 1(2) so far as relating to paragraph (1)(1)(e),
ba paragraph 11(1A)(a) and, in so far as the proceedings relate to an application to vary or discharge a domestic abuse protection order, paragraph 11(1A)(c), and
c paragraphs 11(2), 12, 13(1)(e), 15 , 17 (1)(a) and (b), 36 and 38.
8Advocacy in the following proceedings in a magistrates' court—
F198a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b proceedings in relation to—
i bail under Schedule 2 to the Immigration Act 1971, or
ii arrest under Schedule 2 or 3 to that Act,
c proceedings for the variation or discharge of an order under section 360 of the Sentencing Code or section 5A of the Protection from Harassment Act 1997, F167...
d proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule ; and
e proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.

Exceptions: tribunals

9Advocacy in proceedings in the First-tier Tribunal under—
a the Mental Health Act 1983, or
b paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984.
10Advocacy in proceedings in the Mental Health Review Tribunal for Wales.
11Advocacy in proceedings in the First-tier Tribunal under—
a Schedule 2 to the Immigration Act 1971, or
b Part 5 of the Nationality, Immigration and Asylum Act 2002.
12Advocacy in proceedings in the First-tier Tribunal under—
a section 40A of the British Nationality Act 1981, or
b regulation 26 of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003),
but only to the extent that the proceedings concern contravention of the Equality Act 2010.
13Advocacy in the First-tier Tribunal that falls within the description of civil legal services in paragraph 28, 29 31A, or , 32(1) or 32A(1) of Part 1 of this Schedule.
14Advocacy in proceedings in the First-tier Tribunal under—
a section 4 or 4A of the Protection of Children Act 1999 (appeals and applications relating to list of barred from regulated activities with children or vulnerable adults),
b section 86 or 87 of the Care Standards Act 2000 (appeals and applications relating to list of persons unsuitable to work with vulnerable adults),
c section 32 of the Criminal Justice and Court Services Act 2000 (applications relating to disqualification orders), or
d section 144 of the Education Act 2002 (appeals and reviews relating to direction prohibiting person from teaching etc).
15Advocacy in proceedings in the Upper Tribunal arising out of proceedings within any of paragraphs 9 to 14 of this Part of this Schedule.
16Advocacy in proceedings in the Upper Tribunal under section 4 of the Safeguarding Vulnerable Groups Act 2006.
17Advocacy in proceedings in the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 (appeals on a point of law) from decisions made by the First-tier Tribunal or the Education Tribunal for Wales in proceedings under—
a Part 4 of the Education Act 1996 (special educational needs),
a Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018,
b the Equality Act 2010 , or
c Part 3 of the Children and Families Act 2014(6) (children and young people in England with special educational needs or disabilities).
18Advocacy in proceedings which are brought before the Upper Tribunal (wholly or primarily) to exercise its judicial review jurisdiction under section 15 of the Tribunals, Courts and Enforcement Act 2007.
19Advocacy where judicial review applications are transferred to the Upper Tribunal from the High Court under section 31A of the Senior Courts Act 1981.
20Advocacy in proceedings in the Employment Appeal Tribunal, but only to the extent that the proceedings concern contravention of the Equality Act 2010.

Other exceptions

21Advocacy in proceedings in the Special Immigration Appeals Commission.
22Advocacy in proceedings in the Proscribed Organisations Appeal Commission.
22AAdvocacy in proceedings before a District Judge (Magistrates' Courts) under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015.
23Advocacy in legal proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within any other paragraph of this Part of this Schedule.
24Advocacy in bail proceedings before any court which are related to proceedings within any other paragraph of this Part of this Schedule.
25Advocacy in proceedings before any person for the enforcement of a decision in proceedings within any other paragraph of this Part of this Schedule.

Part 4 Interpretation

1For the purposes of this Part of this Act, civil legal services are described in Part 1 of this Schedule if they are described in one of the paragraphs of that Part (other than in an exclusion), even if they are (expressly or impliedly) excluded from another paragraph of that Part.
2References in this Schedule to an Act or instrument, or a provision of an Act or instrument—
a are references to the Act, instrument or provision as amended from time to time, and
b include the Act, instrument or provision as applied by another Act or instrument (with or without modifications).
3References in this Schedule to services provided in relation to an act, omission or other matter of a particular description (however expressed) include services provided in relation to an act, omission or other matter alleged to be of that description.
4References in this Schedule to services provided in relation to proceedings, orders and other matters include services provided when such proceedings, orders and matters are contemplated.
5
1 Where a paragraph of Part 1 or 2 of this Schedule describes services that consist of or include services provided in relation to proceedings, the description is to be treated as including, in particular—
a services provided in relation to related bail proceedings,
b services provided in relation to preliminary or incidental proceedings,
c services provided in relation to a related appeal or reference to a court, tribunal or other person, and
d services provided in relation to the enforcement of decisions in the proceedings.
2 Where a paragraph of Part 3 of this Schedule describes advocacy provided in relation to particular proceedings in or before a court, tribunal or other person, the description is to be treated as including services provided in relation to preliminary or incidental proceedings in or before the same court, tribunal or other person.
3 Regulations may make provision specifying whether proceedings are or are not to be regarded as preliminary or incidental for the purposes of this paragraph.
6For the purposes of this Schedule, regulations may make provision about—
a when services are provided in relation to a matter;
b when matters arise under a particular enactment;
c when proceedings are proceedings under a particular enactment;
d when proceedings are related to other proceedings.
7In this Schedule “enactment” includes—
a an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
b an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales.

SCHEDULE 2 

Criminal legal aid: motor vehicle orders

Section 24

Recovery by means of motor vehicle orders

2
1 Regulations under section 24 may authorise a court to make motor vehicle orders in respect of an individual for the purpose of enabling a relevant overdue amount required to be paid by the individual to be recovered by the person to whom the amount is due.
2 Regulations that make such provision are referred to in this Schedule as “MVO regulations”.
3 In this Schedule “court” means the High Court, the county court or a magistrates' court.

Motor vehicle orders

3
1 In this Schedule “motor vehicle order” means—
a a clamping order;
b a vehicle sale order.
2 A clamping order is an order—
a that a motor vehicle be fitted with an immobilisation device (“clamped”), and
b which complies with any requirements that are imposed by MVO regulations with respect to the making of clamping orders.
3 A vehicle sale order is an order that—
a a motor vehicle which is the subject of a clamping order is to be sold or otherwise disposed of in accordance with provision made by MVO regulations, and
b any proceeds are to be applied, in accordance with MVO regulations, in discharging the individual's liability in respect of the relevant overdue amount.
4 MVO regulations may make provision in connection with—
a the procedure for making motor vehicle orders,
b the matters which must be included in such orders,
c the fitting of immobilisation devices,
d the fixing of notices to motor vehicles to which immobilisation devices have been fitted and the content of such notices,
e the removal and storage of motor vehicles,
f the release of motor vehicles from immobilisation devices or from storage, including the conditions to be met before a motor vehicle is released,
g the sale or other disposal of motor vehicles not released,
h the imposition of charges in connection with the fitting of immobilisation devices,
i the imposition of charges in connection with the removal, storage, release (whether from immobilisation devices or from storage), sale or disposal of motor vehicles, and
j the recovery of charges described in paragraphs (h) and (i), including provision for them to be recovered from the proceeds of sale of motor vehicles.
5 In this Schedule—
  • “immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);
  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.

Applications

4MVO regulations must provide that a motor vehicle order may be made in relation to a relevant overdue amount only on the application of the person to whom the amount is due.

Matters of which court to be satisfied

5
1 MVO regulations must provide that, before a court makes a clamping order in respect of an individual, it must be satisfied—
a that the failure to pay the relevant overdue amount is attributable to the individual's wilful refusal or culpable neglect, and
b that the value of the motor vehicle or vehicles to be clamped, if sold, would be likely to be an amount which exceeds half of the estimated recoverable amount.
2 In this paragraph “the estimated recoverable amount” means the aggregate of—
a the relevant overdue amount, and
b the amount of the likely charges due under MVO regulations in relation to the motor vehicle or vehicles.

Ownership of motor vehicles

6
1 MVO regulations must provide that a clamping order must not be made except in relation to a motor vehicle which is owned by the individual liable to pay the relevant overdue amount.
2 For this purpose a motor vehicle is owned by an individual if the individual has an interest in the motor vehicle.

Motor vehicles used by disabled persons

7
1 MVO regulations must provide that an immobilisation device may not be fitted to a motor vehicle—
a which displays a current disabled person's badge or a current recognised badge, or
b in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.
2 In this paragraph—
  • “disabled person's badge” means a badge issued, or having effect as if issued, under regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);
  • “recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).

Restrictions on making vehicle sale orders

8MVO regulations must provide that, where a motor vehicle has been clamped under a clamping order, no vehicle sale order may be made in respect of the motor vehicle before the end of a prescribed period.

SCHEDULE 3 

Legal aid for legal persons

Section 31

Exceptional case determinations

2
1 For the purposes of this Schedule, in relation to a legal person and civil legal services, advice, assistance or representation for the purposes of criminal proceedings, an exceptional case determination is a determination that sub-paragraph (2) or (3) is satisfied.
2 This sub-paragraph is satisfied if it is necessary to make the services available to the legal person under this Part because failure to do so would be a breach of—
a the person's Convention rights (within the meaning of the Human Rights Act 1998), or
b any rights of the person to the provision of legal services that are assimilated enforceable rights.
3 This sub-paragraph is satisfied if it is appropriate to make the services available to the legal person under this Part, in the particular circumstances of the case, having regard to any risk that failure to do so would be such a breach.

Advice and assistance for criminal proceedings

4
1 Regulations may provide that prescribed advice and assistance is to be available under this Part to a legal person described in sub-paragraph (2) if—
a prescribed conditions are met,
b the Director has made an exceptional case determination in relation to the person and the advice and assistance (and has not withdrawn that determination), and
c the Director has determined that the legal person qualifies for such advice and assistance in accordance with the regulations (and has not withdrawn that determination).
2 Those legal persons are—
a legal persons who are involved in investigations which may lead to criminal proceedings, and
b legal persons who are before a court, tribunal or other person in criminal proceedings.
3 Subsections (3) to (9) of section 15 apply in relation to regulations under this paragraph (and decisions made under such regulations) as they apply in relation to regulations under that section (and decisions made under such regulations).
4 In those subsections as applied by this paragraph, references to an individual include a legal person.
5 In this paragraph “assistance” includes, in particular, assistance in the form of advocacy.

Representation for criminal proceedings

5
1 Representation for the purposes of criminal proceedings is to be available under this Part to a legal person if—
a the person is a specified legal person in relation to the proceedings, or
b the proceedings involve the person resisting an appeal to the Crown Court otherwise than in an official capacity,
and the conditions in sub-paragraph (2) are met.
2 Those conditions are that the Director—
a has made an exceptional case determination in relation to the legal person and representation for the purposes of the proceedings, and
b has determined (provisionally or otherwise) that the legal person qualifies for such representation in accordance with this Part,
(and has not withdrawn either determination).
3 Where a legal person qualifies under this Part for representation for the purposes of criminal proceedings, representation is also to be available to the legal person for the purposes of any preliminary or incidental proceedings.
4 Regulations under section 16(4) and (5) apply for the purposes of sub-paragraph (3) as they apply for the purposes of section 16(3), except to the extent that the regulations provide otherwise.
5 Section 17(1)(b) applies in relation to an exceptional case determination under sub-paragraph (2)(a) as it applies in relation to a determination under section 16.
6 Paragraphs (a) and (b) of section 17(1) apply in relation to a determination under sub-paragraph (2)(b) as they apply in relation to a determination under section 16.
7 Subsections (2) to (7) of section 18 apply in relation to a determination under sub-paragraph (2) (and a decision in relation to the interests of justice for the purposes of such a determination) as they apply in relation to a determination under section 16 (and a decision for the purposes of such a determination).
8 The Director may not make a provisional determination under sub-paragraph (2)(b) unless authorised to do so by regulations under sub-paragraph (9).
9 Regulations may provide that the Director may make a provisional determination that a legal person qualifies under this Part for representation for the purposes of criminal proceedings where—
a the legal person is involved in an investigation which may result in criminal proceedings,
b the determination is made for the purposes of criminal proceedings that may result from the investigation, and
c any prescribed conditions are met.
10 Subsections (2) and (3) of section 20 apply in relation to regulations under sub-paragraph (9) (and determinations and decisions made under such regulations) as they apply in relation to regulations under that section (and determinations and decisions made under such regulations).
11 In sections 17, 18 and 20 as applied by this paragraph—
a references to an individual include a legal person,
b references to the relevant authority have effect as if they were references to the Director, and
c the reference in section 20(2)(d) to a determination made by the Director or a court in reliance on section 18 or 19 has effect as if it were a reference to a determination by the Director under sub-paragraph (2)(b) made otherwise than in reliance on regulations under sub-paragraph (9).
12 Regulations may prescribe circumstances in which making representation available to a legal person for the purposes of criminal proceedings is to be taken to be in the interests of justice for the purposes of a determination under this paragraph.
13 In this paragraph “specified legal person”, in relation to criminal proceedings, means a description of legal person specified in regulations in relation to those proceedings.

Financial resources

6Section 21 applies for the purposes of a determination under paragraph 3(1)(b) or 5(2)(b), or under regulations under paragraph 4 or 5(9), as if the references to an individual included a legal person.

Contributions and costs

7In sections 23, 24, 25 and 26 and Schedule 2, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.
8In Schedule 2, references to criminal legal aid include advice, assistance and representation required to be made available under paragraph 4 or 5 of this Schedule.

Providers of services etc

9
1 Section 27 applies in relation to the provision of services to a legal person in accordance with this Schedule or regulations under this Schedule as it applies in relation to the provision of services to an individual under this Part.
2 In that section as applied by this paragraph—
a references to an individual include a legal person,
b the reference to a determination under section 16 includes a determination under paragraph 5(2)(b) of this Schedule, and
c the reference to regulations under section 15 includes regulations under paragraph 4 of this Schedule.
3 In sections 28, 29 and 30, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.

Supplementary matters

10In sections 34, 35 and 41(2), references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule or who is seeking the provision of such services.

SCHEDULE 4 

Transfer of employees and property etc of Legal Services Commission

Section 38

Part 1  Transfer of employees etc

Transfer

1
1 An individual who is an employee of the Legal Services Commission (“the LSC”) immediately before the transfer day becomes employed in the civil service of the State on that day.
2 The terms and conditions of the individual's contract of employment immediately before the transfer day have effect, on and after that day, as if they were terms and conditions of the individual's employment in the civil service of the State, subject to paragraph 4(1) and (2).
3 All of the rights, powers, duties and liabilities of the LSC in connection with the individual's employment are transferred to the Crown on the transfer day, subject to paragraph 4(1) and (2).
4 Anything done (or having effect as if done) before the transfer day—
a by or in relation to the LSC, and
b for the purposes of, or in connection with, anything transferred by virtue of sub-paragraphs (1) to (3),
is to have effect, so far as necessary for continuing its effect on and after that day, as if done by or in relation to the Crown.
5 Anything which is in the process of being done immediately before the transfer day—
a by or in relation to the LSC, and
b for the purposes of, or in connection with, anything transferred by virtue of sub-paragraphs (1) to (3),
may be continued by or in relation to the Crown.
6 A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraphs (1) to (3) is to have effect, so far as is necessary for giving effect to those sub-paragraphs, as a reference to the Crown.

Continuity of employment

2A transfer under paragraph 1 does not break the continuity of the individual's employment and accordingly—
a the individual is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by reason of that transfer, and
b the individual's period of employment with the LSC counts as a period of employment in the civil service of the State for the purposes of that Act.

Right to object to transfer

3
1 This paragraph has effect where, before the transfer day, an individual who is an employee of the LSC informs the LSC or the Lord Chancellor that the individual objects to becoming employed in the civil service of the State by virtue of paragraph 1(1).
2 Where this paragraph has effect—
a the individual does not become employed in the civil service of the State by virtue of paragraph 1(1),
b the rights, powers, duties and liabilities under the individual's contract of employment do not transfer by virtue of paragraph 1(3),
c the individual's contract of employment terminates immediately before the transfer day, and
d the individual is not to be treated, for any purpose, as having been dismissed by the LSC by reason of the termination of the contract under this paragraph.

Pension schemes and compensation schemes

4
1 On and after the transfer day, the terms and conditions of employment of an individual who is employed in the civil service of the State by virtue of paragraph 1(1) do not include any term or condition that was part of the individual's contract of employment immediately before the transfer day and that relates to—
a an occupational pension scheme,
b a compensation scheme, or
c rights, powers, duties or liabilities under or in connection with such a scheme.
2 Accordingly, paragraph 1(3) does not apply in relation to rights, powers, duties or liabilities under or in connection with an occupational pension scheme or a compensation scheme.
3 The Lord Chancellor may make one or more schemes providing for the transfer to the Lord Chancellor or the Secretary of State of the LSC's rights, powers, duties and liabilities under or in connection with—
a an occupational pension scheme, or
b a compensation scheme,
whether the rights, powers, duties and liabilities arise under the occupational pension scheme or compensation scheme, under an enactment, under a contract of employment or otherwise.
4 A transfer scheme may provide that anything done (or having effect as if done) before the day on which the transfer scheme takes effect—
a by or in relation to the LSC, and
b for the purposes of, or in connection with, anything transferred by virtue of the transfer scheme,
is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the transferee.
5 A transfer scheme may provide that anything which is in the process of being done immediately before the day on which the transfer scheme takes effect—
a by or in relation to the LSC, and
b for the purposes of, or in connection with, anything transferred by virtue of the transfer scheme,
may be continued by or in relation to the transferee.
6 A transfer scheme may provide that a reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of the scheme is to have effect, so far as is necessary for giving effect to that scheme, as a reference to the transferee.
7 A transfer scheme may, so far as is necessary for giving effect to that scheme, provide that an enactment that applies in relation to compensation schemes or occupational pension schemes applies to a compensation scheme or occupational pension scheme that is the subject of the transfer scheme, the members of such a scheme or the transferee with modifications specified in the transfer scheme.
8 A transfer scheme may—
a amend or otherwise modify a compensation scheme that is the subject of the transfer scheme, and
b create, modify or remove rights, powers, duties or liabilities under or in connection with such a scheme.
9 The powers under sub-paragraph (8) include power to amend or otherwise modify any instrument relating to the constitution, management or operation of a compensation scheme.
10 Transfer schemes amending or otherwise modifying a compensation scheme have effect in spite of any provision (of any nature) which would otherwise prevent or restrict the amendment or modification.
11 A transfer scheme may include consequential, incidental, supplementary, transitional, transitory and saving provision.
11A Where an individual—
a was a member of a relevant LSC scheme immediately before the transfer day,
b had been a member of that scheme immediately before 1 April 2012, and
c becomes, on or after the transfer day, a member of a civil service scheme by virtue of employment in the civil service of the State,
the individual is to be regarded, for the purposes of section 18(5) of the Public Service Pensions Act 2013 (transitional protection under existing schemes), as having been a member of the civil service scheme immediately before 1 April 2012.
11B In sub-paragraph (11A)—
a “relevant LSC scheme” means a scheme made or treated as made under paragraph 10(1) of Schedule 1 to the Access to Justice Act 1999;
b “civil service scheme” means a scheme under section 1 of the Superannuation Act 1972.
12 In this paragraph—
  • “compensation scheme” means so much of any scheme as makes provision for payment by way of compensation on or in respect of termination of employment;
  • “occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993;
  • “transfer scheme” means a scheme made under sub-paragraph (3).

Power to merge LSC occupational pension schemes

5
1 The Lord Chancellor may make a scheme providing for the merger of LSC occupational pension schemes.
2 A scheme under this paragraph may in particular—
a provide for the assets and liabilities of one LSC occupational pension scheme to become assets and liabilities of another,
b create, modify or remove rights, powers, duties or liabilities under or in connection with an LSC occupational pension scheme,
c provide for the winding up of an LSC occupational pension scheme,
d provide for references to one LSC occupational pension scheme in a document, including an enactment, to have effect as references to another, and
e include consequential, incidental, supplementary, transitional, transitory and saving provision.
3 A scheme under this paragraph may in particular amend or otherwise modify—
a the trust deed of an LSC occupational pension scheme,
b rules of an LSC occupational pension scheme, and
c any other instrument relating to the constitution, management or operation of an LSC occupational pension scheme.
4 A scheme under this paragraph must ensure that the merger of the LSC occupational pension schemes does not, to any extent, deprive members of the LSC occupational pension schemes, or other beneficiaries under those schemes, of rights that accrue to them under those schemes before the merger takes effect.
5 Subject to sub-paragraph (4), a scheme under this paragraph has effect in spite of any provision (of any nature) which would otherwise prevent the merger of the LSC occupational pension schemes.
6 In this paragraph—
  • “LSC occupational pension scheme” means an occupational pension scheme under which—
    1. the LSC has rights, powers, duties or liabilities, or
    2. the Lord Chancellor or the Secretary of State has rights, powers, duties or liabilities by virtue of a scheme under paragraph 4(3);
  • “occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993.

Part 2  Transfer of property etc

Transfer of interests in land

6
1 The LSC's interests in land are by virtue of this sub-paragraph transferred to the Secretary of State for Communities and Local Government on the transfer day.
2 Anything done (or having effect as if done) before the transfer day—
a by or in relation to the LSC, and
b for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),
is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the Secretary of State for Communities and Local Government.
3 Anything which is in the process of being done immediately before the transfer day—
a by or in relation to the LSC, and
b for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),
may be continued by or in relation to the Secretary of State for Communities and Local Government.
4 A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraph (1) is to have effect, so far as is necessary for giving effect to that sub-paragraph, as a reference to the Secretary of State for Communities and Local Government.
5 In this paragraph—
  • “interest in land” means—
    1. an estate or interest in land, and
    2. any rights, powers, duties or liabilities of the LSC in connection with such an estate or interest,
  • but does not include a charge on an estate or interest in land;
  • “land” includes buildings and other structures.

Transfer of other property, rights and liabilities

7
1 The property, rights, powers, duties and liabilities of the LSC are by virtue of this sub-paragraph transferred to the Lord Chancellor on the transfer day.
2 Sub-paragraph (1) does not apply to—
a property, rights, powers, duties and liabilities transferred by virtue of paragraph 1 or 6, or
b rights, powers, duties and liabilities described in paragraph 4(3).
3 Anything done (or having effect as if done) before the transfer day—
a by or in relation to the LSC, and
b for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),
is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the Lord Chancellor.
4 Anything which is in the process of being done immediately before the transfer day—
a by or in relation to the LSC, and
b for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),
may be continued by or in relation to the Lord Chancellor.
5 A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraph (1) is to have effect, so far as is necessary for giving effect to that sub-paragraph, as a reference to the Lord Chancellor.

Part 3  Supplementary

Disapplying restrictions on transfer

8Paragraphs 1, 6 and 7 and schemes under paragraph 4 have effect in relation to property, rights, powers, duties and liabilities in spite of any provision (of any nature) which would otherwise prevent or restrict their transfer.

Certificate

9A certificate issued by the Lord Chancellor stating that anything specified in the certificate has vested in a person specified in the certificate by virtue of any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 is conclusive evidence of that fact for all purposes.

Validity

10The transfer of property, rights, powers, duties or liabilities by any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 does not affect the validity of anything done by or in relation to the LSC before that paragraph or scheme has effect.

Power to make further provision

11
1 The Lord Chancellor may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in connection with—
a transfers effected by this Schedule, or
b schemes made under this Schedule.
2 The regulations may, in particular, include provision modifying an enactment (whenever passed or made), including this Schedule.

Interpretation

12
1 In this Schedule—
  • “the LSC” means the Legal Services Commission;
  • “the transfer day” means the day on which section 38(1) comes into force (subject to regulations under sub-paragraph (2));
  • “enactment” means an enactment contained in an Act or an instrument made under an Act (and “Act” includes an Act or Measure of the National Assembly for Wales).
2 The Lord Chancellor may by regulations amend or otherwise modify the definition of “the transfer day” in sub-paragraph (1).

SCHEDULE 5 

Legal aid: consequential amendments

Section 39

Part 1  Amendments

Public Records Act 1958 (c. 51)

1In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 1 of the Table at the end of paragraph 3, in the second column omit “Legal Services Commission.”

Parliamentary Commissioner Act 1967 (c. 13)

2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Legal Services Commission.”

Criminal Appeal Act 1968 (c. 19)

3In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in subsection (3) for “under section 17 of the Access to Justice Act 1999” substitute “ relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Children and Young Persons Act 1969 (c. 54)

4
1 Section 23(5A) of the Children and Young Persons Act 1969 (restrictions on imposing security requirement on child or young person who is not legally represented) is amended as follows.
2 In paragraph (a)—
a for the words from the beginning to “but the right” substitute “ representation was provided to the child or young person under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for the purposes of the proceedings but ”, and
b for “to be granted such a right” substitute “ for such representation ”.
3 In paragraph (aa) for “to be granted a right to it” substitute “ for such representation ”.
5
1 In section 23 of that Act as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (restrictions on remand of boy who is not legally represented), subsection (4A) is amended as follows.
2 In paragraph (a)—
a for the words from the beginning to “but the right” substitute “ representation was provided to the person under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for the purposes of the proceedings but ”, and
b for “to be granted such a right” substitute “ for such representation ”.
3 In paragraph (aa) for “to be granted a right to it” substitute “ for such representation ”.

Attachment of Earnings Act 1971 (c. 32)

6In section 1(3)(c) of the Attachment of Earnings Act 1971 (cases in which magistrates' court may make attachment of earnings order) for the words from “paid by” to the end substitute “ paid under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Solicitors Act 1974 (c. 47)

7The Solicitors Act 1974 is amended as follows.
8
1 Section 47 (jurisdiction and powers of Tribunal) is amended as follows.
2 In subsections (2)(d), (2B) and (2D) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work ”.
3 In subsection (2A)—
a for “providing representation” substitute “ criminal legal aid work ”, and
b for “funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service” substitute “ provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
4 After subsection (3B) insert—
9In section 49(3) (appeals from Tribunal) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work (as defined in that section) ”.

House of Commons Disqualification Act 1975 (c. 24)

10In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit “The Legal Services Commission.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

11In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit “The Legal Services Commission.”

Magistrates' Courts Act 1980 (c. 43)

12The Magistrates' Courts Act 1980 is amended as follows.
13In section 8(4) (matters which may be contained in report of committal proceedings without an order) for paragraph (i) substitute—
14In section 8A(5) (power to make ruling at pre-trial hearing)—
a in paragraph (a) for the words from “to be granted” to “Criminal Defence Service” substitute “ to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
b in paragraph (b) for “the Legal Services Commission must decide whether or not to grant him that right” substitute “ the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it ”.
15In section 8C(7) (matters to which reporting restrictions do not apply) for paragraph (g) substitute—
16In section 92(1)(b) (exception to restriction on power to impose imprisonment for default) for the words from “under section 17(2)” to “criminal case” substitute “ made by a court under regulations under section 23 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (payment by individual in respect of legal aid) ”.
17In section 130(3) (powers of alternate court on transfer of remand hearing) for the words from “all the powers” to end substitute
18In section 145A(4) (rules about costs orders against legal representatives) for “the Legal Services Commission” substitute “ the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Senior Courts Act 1981 (c. 54)

19The Senior Courts Act 1981 is amended as follows.
20In section 28(4) (appeals from Crown Court and inferior courts) for “an order under section 17 of the Access to Justice Act 1999” substitute “ a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
21In section 29(6) (mandatory, prohibiting and quashing orders) for “orders under section 17 of the Access to Justice Act 1999” substitute “ requirements to make payments under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Prosecution of Offences Act 1985 (c. 23)

22Part 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is amended as follows.
23In section 19(2)(b) (matters of which account to be taken when making order as to costs) for “any grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ of whether, for the purposes of the proceedings, representation has been provided under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
24In section 20(2) (regulations) for “by the Legal Services Commission or out of central funds” substitute “ by the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or out of central funds in accordance with a costs order ”.
25
1 Section 21 (interpretation) is amended as follows.
2 In subsection (1), in the definition of “legally assisted person” for the words from “to whom” to the end of the definition substitute “ for whom advice, assistance or representation is provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
3 In subsection (4A)(a) for the words from “not” to “Service” substitute “ not to include the cost of advice, assistance or representation provided to the person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
4 In subsection (4A)(b) for the words from “the cost” to the end substitute “ the cost of such advice, assistance or representation ”.

Child Abduction and Custody Act 1985 (c. 60)

26In section 11 of the Child Abduction and Custody Act 1985 (cost of applications for child custody or access), for paragraph (a) (but not the “or” following it) substitute—
.

Administration of Justice Act 1985 (c. 61)

27Part 3 of the Administration of Justice Act 1985 (legal aid) is amended as follows.
28In section 40(1) (legal aid complaints) for the words from “funded by” to “Criminal Defence Service” substitute “ under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
29In section 41(2) (reduction of fees payable where legal aid complaint made)—
a for “Legal Services Commission” substitute “ Lord Chancellor ”, and
b for “by him as part of the Community Legal Service or Criminal Defence Service” substitute “ by the barrister under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
30
1 Section 42 (exclusion of barristers from legal aid work) is amended as follows.
2 In subsections (1) and (3) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work ”.
3 At the end insert—
31In section 43(3) (reduction of costs payable where legal aid complaint made)—
a for “Legal Services Commission” substitute “ Lord Chancellor ”, and
b for “as part of the Community Legal Service or Criminal Defence Service” substitute “ under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
32In paragraph 20(1) of Schedule 2 (powers of Tribunal in respect of legal aid complaints) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work (as defined in that section) ”.

Housing Act 1985 (c. 68)

33In section 170(5) of the Housing Act 1985 (charges to recover costs of assistance in legal proceedings)—
a for “section 10(7) of the Access to Justice Act 1999” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
b for “Legal Services Commission” substitute “ Lord Chancellor ”.

Criminal Justice Act 1987 (c. 38)

34The Criminal Justice Act 1987 is amended as follows.
35In section 4(1) (notices of transfer to Crown Court) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “ regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
36In section 11(12) (matters to which reporting restrictions do not apply) for paragraph (h) substitute—

Housing Act 1988 (c. 50)

37In section 82(4) of the Housing Act 1988 (charges to recover costs of assistance in legal proceedings)—
a for “section 10(7) of the Access to Justice Act 1999” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
b for “Legal Services Commission” substitute “ Lord Chancellor ”.

Children Act 1989 (c. 41)

38In section 25(6) of the Children Act 1989 (child without legal representation not to be placed in secure accommodation without having been informed of right to apply for legal aid), for the words from “representation” to “Criminal Defence Service” substitute “ the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Criminal Justice Act 1991 (c. 53)

40In section 53(3) of the Criminal Justice Act 1991 (effect of notices transferring certain cases involving children) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “ regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Social Security Administration Act 1992 (c. 5)

41
1 Section 108(7) of the Social Security Administration Act 1992 is amended as follows.
2 For “Legal Services Commission”, in the first place, substitute “ Lord Chancellor ”.
3 In paragraph (a)—
a at the end of sub-paragraph (iii) for “and” substitute “ or ”, and
b after that sub-paragraph insert—
.
4 In paragraph (b) after sub-paragraph (iii) insert
.

Criminal Procedure and Investigations Act 1996 (c. 25)

42In section 37(9) of the Criminal Procedure and Investigations Act 1996 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

Family Law Act 1996 (c. 27)

F6443. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crime and Disorder Act 1998 (c. 37)

46The Crime and Disorder Act 1998 is amended as follows.
47
1 Section 50 (early administrative hearings) is amended as follows.
2 In subsection (2)—
a after “this section” insert
, and
b for the words from “to be granted” to the end substitute
3 Omit subsection (2A).
48In section 51B(6)(b) (effect of notice given under section 51B in serious or complex fraud cases) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “ regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
49In section 52A(7) (matters to which reporting restrictions do not apply) for paragraph (h) substitute—
50In paragraph 3(8) of Schedule 3 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

Access to Justice Act 1999 (c. 22)

51In the Access to Justice Act 1999 omit—
a sections 1 to 26 and Schedules 1 to 3A (legal aid), and
b Part 2 of Schedule 14 (transitional provision: Legal Services Commission).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F11252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)

55In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit “The Legal Services Commission.”

International Criminal Court Act 2001 (c. 17)

56In section 6(2)(c) of the International Criminal Court Act 2001 (supplementary provisions as to proceedings before competent court) for “Access to Justice Act 1999 (c.22) (advice, assistance and representation)” substitute “ Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

57In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension of disclosure powers)—
a omit paragraph 47, and
b after paragraph 53D insert—

Proceeds of Crime Act 2002 (c. 29)

58The Proceeds of Crime Act 2002 is amended as follows.
59In section 245C(6)(b) (exclusion from property freezing order or prohibition on dealing with property to which order applies) for “funded by the Legal Services Commission or” substitute “ made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by ”.
60In section 252(4A)(b) (exclusion from restriction on dealing with property) for “funded by the Legal Services Commission or” substitute “ made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by ”.

Communications Act 2003 (c. 21)

61In section 119(7)(a) of the Communications Act 2003 (charges to recover costs of assistance in proceedings)—
a for “section 10(7) of the Access to Justice Act 1999 (c.22)” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
b for “Legal Services Commission” substitute “ Lord Chancellor ”.

Extradition Act 2003 (c. 41)

62The Extradition Act 2003 is amended as follows.
63In section 45(7) (consent to extradition) for paragraph (a) substitute—
.
64In section 127(8) (consent to extradition: general) for paragraph (a) substitute—
.

Criminal Justice Act 2003 (c. 44)

65In section 71(8) of the Criminal Justice Act 2003 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

Domestic Violence, Crime and Victims Act 2004 (c. 28)

66In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within remit of Commissioner for Victims and Witnesses) omit paragraph 21 (Legal Services Commission).

Equality Act 2006 (c. 3)

67In section 29(3) of the Equality Act 2006 (costs of Equality and Human Rights Commission in providing legal assistance) for “section 11(4)(f) of the Access to Justice Act 1999 (c. 22) (recovery of costs in funded cases)” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid) ”.

Criminal Justice and Immigration Act 2008 (c. 4)

F12069. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Equality Act 2010 (c. 15)

70In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) omit“The Legal Services Commission.”

Terrorist Asset-Freezing etc Act 2010 (c. 38)

F7571. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 Repeals consequential on Part 1 of this Schedule

Short title and chapterExtent of repeal
Legal Aid Act 1988 (c. 34)In Schedule 5, paragraph 13.
Access to Justice Act 1999 (c. 22)

In Schedule 4—
  1. paragraph 1;
  2. paragraph 8;
  3. paragraphs 10 to 12;
  4. paragraphs 15 to 19;
  5. paragraphs 29 and 30(2) and (3)(a);
  6. paragraph 33;
  7. paragraph 35;
  8. paragraphs 38 to 40;
  9. paragraph 45;
  10. paragraph 47;
  11. paragraph 49;
  12. F28...
  13. paragraph 55.

Terrorism Act 2000 (c. 11)In Schedule 15, paragraph 19.
Child Support, Pensions and Social Security Act 2000 (c. 19)In Schedule 8, paragraph 15.
Criminal Defence Service (Advice and Assistance) Act 2001 (c. 4)The whole Act.
Anti-terrorism, Crime and Security Act 2001 (c. 24)Section 2(1) to (3).
Proceeds of Crime Act 2002 (c. 29)In Schedule 11, paragraph 36.
Adoption and Children Act 2002 (c. 38)In Schedule 3, paragraph 102.
Nationality, Immigration and Asylum Act 2002 (c. 41)Section 116.
Extradition Act 2003 (c. 41)Section 182.
Criminal Justice Act 2003 (c. 44)In Schedule 26, paragraph 51.
Civil Partnership Act 2004 (c. 33)In Schedule 27, paragraph 156.
Constitutional Reform Act 2005 (c. 4)In Schedule 9, paragraph 68(3).
Mental Capacity Act 2005 (c. 9)In Schedule 6, paragraph 44.
Criminal Defence Service Act 2006 (c. 9)Sections 1 to 3.
Section 4(1).
Serious Crime Act 2007 (c. 27)In Schedule 8, paragraph 159.
Legal Services Act 2007 (c. 29)In Schedule 16, paragraphs 51(4) and 108(c).
In Schedule 21, paragraph 128.
Criminal Justice and Immigration Act 2008 (c. 4)Sections 56 to 58.
Human Fertilisation and Embryology Act 2008 (c. 22)Schedule 6, paragraph 38.
Coroners and Justice Act 2009 (c. 25)Section 51.
Sections 149 to 153.
Schedule 18.
Policing and Crime Act 2009 (c. 26)In Schedule 7, paragraphs 65 and 98.

SCHEDULE 6 

Northern Ireland: information about financial resources

Section 40

Obtaining information

1
1 The relevant authority may make an information request to—
a the Secretary of State,
b a relevant Northern Ireland Department, or
c the Commissioners for Her Majesty's Revenue and Customs (“the Commissioners”).
2 An information request may be made under this paragraph only for the purposes of facilitating a determination about an individual's financial resources for the purposes of —
a the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)), or
b the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435) (N.I. 10)).
3 An information request made to the Secretary of State or a relevant Northern Ireland Department under this paragraph may request the disclosure of some or all of the following information—
a a relevant individual's full name and any previous names;
b a relevant individual's address and any previous addresses;
c a relevant individual's date of birth;
d a relevant individual's national insurance number;
e a relevant individual's benefit status at a time specified in the request;
f information of a prescribed description.
4 An information request made to the Commissioners under this paragraph may request the disclosure of some or all of the following information—
a whether or not a relevant individual is employed or was employed at a time specified in the request;
b the name and address of the employer;
c whether or not a relevant individual is carrying on a business, trade or profession or was doing so at a time specified in the request;
d the name under which it is or was carried on;
e the address of any premises used for the purposes of carrying it on;
f a relevant individual's national insurance number;
g a relevant individual's benefit status at a time specified in the request;
h information of a prescribed description.
5 The information that may be prescribed under sub-paragraphs (3)(f) and (4)(h) includes, in particular, information relating to—
a prescribed income of a relevant individual for a prescribed period, and
b prescribed capital of a relevant individual.
6 Information may not be prescribed under sub-paragraph (4)(h) without the Commissioners' consent.
7 The Secretary of State, the relevant Northern Ireland Departments and the Commissioners may disclose to the relevant authority information specified in an information request made under this paragraph.
8 In this paragraph—
  • “benefit status”, in relation to an individual, means whether or not the individual is in receipt of a prescribed benefit or benefits and, if so—
    1. which benefit or benefits the individual is receiving,
    2. whether the individual is entitled to the benefit or benefits alone or jointly,
    3. in prescribed cases, the amount the individual is receiving by way of the benefit (or each of the benefits) (“the benefit amount”), and
    4. in prescribed cases, where the benefit consists of a number of elements, what those elements are and the amount included in respect of each element in calculating the benefit amount;
  • “financial resources”, in relation to an individual, includes an individual's means, disposable income and disposable capital;
  • “the relevant authority” means—
    1. a prescribed person, or
    2. in relation to circumstances for which no person is prescribed, the Director of Legal Aid Casework designated under section 2 of the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014;
  • “a relevant individual”, in relation to an information request under this paragraph for the purposes of a determination about an individual's financial resources, means—
    1. that individual, and
    2. any other individual whose financial resources are or may be relevant for the purposes of the determination;
  • “relevant Northern Ireland Department” means the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland.

Restrictions on disclosing information

2
1 A person to whom information is disclosed under paragraph 1 of this Schedule or this sub-paragraph may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating a determination described in paragraph 1(2).
2 A person to whom such information is disclosed must not—
a disclose the information other than in accordance with sub-paragraph (1), or
b use the information other than for the purpose of facilitating a determination described in paragraph 1(2).
3 Sub-paragraph (2) does not prevent—
a the disclosure of information in accordance with an enactment or an order of a court,
b the disclosure of information for the purposes of the investigation or prosecution of an offence (or suspected offence) under the law of England and Wales or Northern Ireland or any other jurisdiction, except as otherwise prescribed,
c the disclosure of information for the purposes of instituting, or otherwise for the purposes of, proceedings before a court, or
d the disclosure of information which has previously been lawfully disclosed to the public.
4 A person who discloses or uses information in contravention of this paragraph is guilty of an offence and liable—
a on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);
b on summary conviction—
i in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum (or both), and
ii in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).
5 It is a defence for a person charged with an offence under this paragraph to prove that the person reasonably believed that the disclosure or use was lawful.
6 In this paragraph “enactment” includes—
a an enactment contained subordinate legislation (within the meaning of the Interpretation Act 1978), and
b an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation.
7 In relation to an offence under this paragraph committed before 2 May 2022, the reference in sub-paragraph (4)(b)(i) to the general limit in a magistrates’ court has effect as if it were a reference to 6 months.

Power to make consequential and supplementary provision etc

3
1 The Department of Justice in Northern Ireland may by regulations make consequential, supplementary, incidental or transitional provision in relation to this Schedule extending to Northern Ireland.
2 The regulations may, in particular—
a amend, repeal, revoke or otherwise modify Northern Ireland legislation passed before this Schedule comes into force or an instrument made under such legislation, and
b include transitory or saving provision.

Regulations

4
1 In this Schedule “prescribed” means prescribed by regulations made by the Department of Justice in Northern Ireland.
2 The powers under this Schedule to make regulations are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
3 Regulations under this Schedule are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954, subject to sub-paragraph (4).
4 The following regulations may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly—
a the first regulations under paragraph 1, and
b regulations under paragraph 3 that amend or repeal Northern Ireland legislation (whether alone or with other provision).
5 Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment (as defined in that Act).
6 Subsections (1) to (3) of section 41 of this Act apply in relation to regulations made under paragraph 1 or 2 of this Schedule as they apply in relation to regulations made by the Lord Chancellor under this Part.

SCHEDULE 7 

Costs in criminal cases

Section 62

Part 1  Prosecution of Offences Act 1985

Introduction

1The Prosecution of Offences Act 1985 is amended as follows.

Defence costs

2
1 Section 16 (defence costs) is amended as follows.
2 After subsection (6) insert—
3 Omit subsections (7) and (9).

Prosecution costs

4
1 Section 17 (prosecution costs) is amended as follows.
2 In subsection (1) for “subsection (2)” substitute “ subsections (2) and (2A) ”.
3 After subsection (2) insert—
4 Omit subsections (3) and (4).

Costs of witnesses and appellants not in custody

5
1 Section 19 (provision for orders as to costs in other circumstances) is amended as follows.
2 After subsection (3) insert—
3 After subsection (3C) insert—
4 After subsection (4) insert—

Regulations

6
1 Section 20 (regulations) is amended as follows.
2 In subsection (1) omit the words from “and the regulations” to the end.
3 After that subsection insert—
4 In subsection (3)—
a for “subsection (1)” substitute “ subsection (1A) ”,
b for “rates or scales of allowances” substitute “ provision as to the calculation of amounts ”, and
c after “order” insert “ (whether in the form of rates or scales or other provision) ”.

Interpretation

7
1 Section 21 (interpretation) is amended as follows.
2 In subsection (4) after “16” insert “ , 16A ”.
3 In subsection (4A)(a) after “16” insert “ , 16A ”.

Supplementary

8
1 Section 29 (regulations) is amended as follows.
2 For subsection (1) substitute—
3 In subsection (2) for “Any such regulations” substitute “ Regulations under this Act ”.

Part 2  Attorney General's references

Reference of point of law following acquittal on indictment

9
1 Section 36 of the Criminal Justice Act 1972 (reference of point of law following acquittal on indictment) is amended as follows.
2 In subsection (5) omit “to his costs, that is to say”.
3 Omit subsection (5A).
4 After that subsection insert—
10In consequence of the amendments made by paragraph 9, omit paragraph 8 of Schedule 1 to the Prosecution of Offences Act 1985.

Reference of sentence of Crown Court appearing to be unduly lenient

11
1 Schedule 3 to the Criminal Justice Act 1988 (reference of sentence of Crown Court appearing to be unduly lenient) is amended as follows.
2 In paragraph 11 (recovery of costs of representation)—
a number the existing provision sub-paragraph (1),
b in that sub-paragraph, omit “to his costs, that is to say”, and
c after that sub-paragraph insert—
3 In paragraph 12 (application to Northern Ireland)—
a for “11”, in each place, substitute “ 11(1) ”, and
b after sub-paragraph (d) insert—

Part 3  Extradition Act 2003

Introduction

12The Extradition Act 2003 is amended as follows.

Extradition to Category 1 Territories

13
1 Section 61 (costs where discharge ordered) is amended as follows.
2 After subsection (5) insert—
14In section 62 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).
15After section 62 insert—

Extradition to Category 2 Territories

16
1 Section 134 (costs where discharge ordered) is amended as follows.
2 After subsection (5) insert—
17In section 135 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).
18After section 135 insert—

Regulations

19In section 223(6) (orders and regulations subject to affirmative procedure), at the appropriate places insert— “ section 62B(3) ”; “ section 135B(3) ”.

Part 4  Savings

20The amendments made by paragraphs 2 to 5 do not have effect in relation to costs orders made by a court in proceedings which commenced before the relevant day.
21The amendments made by paragraphs 9 to 11 do not have effect in relation to a person's entitlement to costs in connection with a reference made before the relevant day.
22The amendments made by paragraphs 12 to 19 do not have effect in relation to orders made by a judge or court in proceedings which commenced before the relevant day.
23In paragraphs 20 to 22 “the relevant day”, in relation to an amendment, means the day on which the amendment comes into force.
24For the purposes of paragraphs 20 and 22—
a proceedings commence in a magistrates' court when a warrant, requisition or summons relating to the proceedings is issued;
b proceedings commence on an appeal to the Crown Court when a notice of appeal is served;
c other proceedings commence in the Crown Court when they are committed, transferred or sent to that court;
d proceedings commence in the High Court when an application for leave to appeal by way of case stated is made or (in the absence of such an application) when notice of appeal is given;
e proceedings commence in the Court of Appeal when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;
f proceedings commence in the Supreme Court when an application for leave to appeal is made.

SCHEDULE 8 

Costs in criminal cases: service courts

Section 62

Part 1  Appeals from Court Martial

Introduction

1Part 2 of the Court Martial Appeals Act 1968 (appeals from Court Martial) is amended as follows.

Costs of successful appellant

2
1 Section 31 (costs of successful appellant) is amended as follows.
2 In subsection (1) omit “other than an appeal against sentence”.
3 In subsection (2) at the end insert “ , subject to subsection (3), section 31A and regulations under section 33B(1)(d). ”
4 After subsection (2) insert—

Witnesses' expenses

4
1 Section 33 (witnesses' expenses) is amended as follows.
2 In subsection (1) at the end insert “ , subject to subsection (3) and regulations under section 33B (1)(d) ”.
3 At the end insert—

Expenses of appellant not in custody

5
1 Section 33A (appellant's expenses) is amended as follows.
2 Number the existing provision subsection (1).
3 After that subsection insert—

Further provision about costs

6After section 33A insert—

Regulations

7After section 33B insert—

Consequential repeal

8In consequence of the amendment made by paragraph 2(2), omit paragraph 1(6) of Schedule 2 to the Armed Forces Act 1971.

Part 2  Appeals from Court Martial Appeal Court

Introduction

9Part 3 of the Court Martial Appeals Act 1968 (appeals from Court Martial Appeal Court) is amended as follows.

Application to Appeal Court

10Before section 47 insert—

Application to Supreme Court

11
1 Section 47 (costs) is amended as follows.
2 In subsections (1) and (2) omit “the Appeal Court or” (in each place).
3 After subsection (2) insert—
4 In subsection (3), at the end insert
5 After subsection (3) insert—
6 In subsection (4) for “the foregoing provisions of” substitute “ sections 46A, 46B and ”.
12Accordingly, in the heading of section 47, at the end insert “ : application to Supreme Court ”.

Further provision about costs

13After section 47 insert—

Regulations

14After section 47A insert—

Part 3  Savings

15The amendments made by this Schedule do not have effect in relation to directions and orders made by a court in proceedings commenced before the relevant day.
16For the purposes of paragraph 15—
a “the relevant day”, in relation to an amendment, means the day on which the amendment comes into force;
b proceedings commence in the Court Martial Appeal Court when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;
c proceedings commence in the Supreme Court when an application for leave to appeal is made.

SCHEDULE 9 

Changes to powers to make suspended sentence orders: consequential and transitory provision

Section 68

Part 1  Consequential amendments

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

1In section 163(1) of the Powers of Criminal Courts (Sentencing) Act 2000 omit the definition of “operational period”.

Criminal Justice Act 2003 (c. 44)

F1002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1003. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1004. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1005. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1006. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1008. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1009. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10011. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)

13In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 omit—
a article 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000), and
b article 3(2)(a) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of section 61 of the Criminal Justice and Court Services Act 2000).

Armed Forces Act 2006 (c. 52)

14The Armed Forces Act 2006 is amended as follows.
15
1 Section 200 (suspended sentence orders with or without community requirements) is amended as follows.
2 In the heading omit “with or without community requirements”.
3 Omit subsections (1) to (4) (power of relevant service court to make suspended sentence order with or without community requirements, and meanings of those terms).
4 In subsection (5) (modification of section 189(1) of the Criminal Justice Act 2003 in its application to a relevant service court)—
a for “(b)(ii)” substitute “ (a) ”,
b for “the end of sub-paragraph (ii)” substitute “ “imprisonment),” ”, and
c in the words treated as substituted, for “(a)” substitute “(i)” and for “(b)” substitute “ (ii) ”.
5 After subsection (6) insert—
16Omit section 201 (provisions of the Criminal Justice Act 2003 that do not apply to suspended sentence orders without community requirements).
17In section 207 (definitions for purposes of Chapter 4 of Part 8)—
a in the definition of “suspended sentence order with community requirements” for “200(3)” substitute “ 200(7) ”, and
b omit the definition of “suspended sentence order without community requirements”.
18
1 Schedule 7 (suspended prison sentence: further conviction or breach of requirement) is amended as follows.
2 For the heading before paragraph 1 substitute “ Modifications of Part 2 of Schedule 12 to the 2003 Act ”.
3 In paragraph 1 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders with community requirements) omit “with community requirements”.
4 Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders without community requirements) and the heading before that paragraph.
5 After paragraph 6 insert—

Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059)

19In Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 omit paragraph 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000).

Part 2  Transitory provision

F6220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10 

Repeal of sections 181 to 188 of Criminal Justice Act 2003: consequential amendments

Section 89

Prison Act 1952 (c. 52)

1Omit section 49(4A) of the Prison Act 1952 (persons unlawfully at large).

Criminal Justice Act 1961 (c. 39)

2In section 23 of the Criminal Justice Act 1961 (prison rules)—
a in subsection (3), for “Subject to subsection (3A), the days” substitute “ The days ”;
b omit subsection (3A).

Firearms Act 1968 (c. 27)

3In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), omit—
a subsection (2A)(d);
b subsection (2B);
c in subsection (6), “, (2B)”.

Magistrates' Courts Act 1980 (c. 43)

4Omit section 131(2A) of the Magistrates' Courts Act 1980 (remand of accused already in custody).

Road Traffic Offenders Act 1988 (c. 53)

5In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).

Football Spectators Act 1989 (c. 37)

6In the Football Spectators Act 1989, omit—
a section 14E(7) (banning orders);
b section 18(5) (information).

Prisoners (Return to Custody) Act 1995 (c. 3)

7Omit section 1(1A) of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release).

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

8In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), in paragraph 3(2)(a), for the words from “of 12 months or more” to the end substitute “ exceeding 3 months ”.

Crime (Sentences) Act 1997 (c. 43)

9
1 Schedule 1 to the Crime (Sentences) Act 1997 (transfers of prisoners within the British Islands) is amended as follows.
2 In paragraph 6(4), omit the definitions of “custody plus order” and “intermittent custody order”.
3 In paragraph 8, in sub-paragraphs (2) and (4)—
a after paragraph (aa) insert “ and ”;
b omit paragraph (ab).
4 In paragraph 9, in sub-paragraphs (2) and (4)—
a after paragraph (aa) insert “ and ”;
b omit paragraph (ab).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

10In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).

Extradition Act 2003 (c. 41)

11
1 The Extradition Act 2003 is amended as follows.
2 In the following provisions, omit “(other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003)”—
a section 59(11)(b) (return of person to serve remainder of sentence);
b section 132(11)(b) (return of person to serve remainder of sentence);
c section 153B(10)(a)(ii) (return of person in pursuance of undertaking).
3 In section 216 (interpretation), omit subsection (6A).

Criminal Justice Act 2003 (c. 44)

12The Criminal Justice Act 2003 is amended as follows.
13In section 195 (interpretation of Chapter 3), omit the definitions of “custodial period”, “licence period” and “the number of custodial days”.
14
1 Section 196 (meaning of “relevant order” in Chapter 4) is amended as follows.
2 In subsection (1)—
a at the end of paragraph (a) insert “ or ”;
b omit paragraph (b);
c omit paragraph (d) and the word “or” preceding it.
3 Omit subsection (2).
15In section 197(1)(a)(i) (meaning of “responsible officer), omit “182(1) or”.
16In section 202(4)(b) (circumstances in which court must not include programme requirement), omit “(or, where the relevant order is a custody plus order or an intermittent custody order, will be)”.
17Omit section 204(4) and (5) (restrictions on imposing curfew requirement).
18In section 213(3) (definition of “relevant period” for supervision requirement), omit paragraphs (b) and (c).
19Omit section 216(2) (requirement to specify area in which offender will reside).
20In section 241 (effect of direction under section 240 or 240A)—
a in subsection (1), omit “or Chapter 3 (prison sentences of less than twelve months)”;
b omit subsection (2).
21
1 Section 244 (duty to release prisoners) is amended as follows.
2 Omit subsection (2).
3 In subsection (3)—
a omit paragraphs (b) and (c);
b in paragraph (d), omit “none of which falls within paragraph (c)”.
22Omit section 245 (restrictions on duty to release intermittent custody prisoners).
23
1 Section 246 (power to release prisoners on licence early) is amended as follows.
2 In subsection (1)—
a in paragraph (a), omit “, other than an intermittent custody prisoner,”;
b omit paragraph (b) and the word “and” preceding it.
3 Omit subsection (3).
4 In subsection (4)(i), omit from “or, where the sentence is one of intermittent custody” to the end.
5 In subsection (5)—
a in paragraph (a), omit “or (b), (3)”;
b in paragraph (c), omit “or (3)(b)(ii)”.
6 In subsection (6)—
a omit the definition of “the required custodial days”;
b in the definition of “the requisite custodial period”, omit “other than a sentence of intermittent custody” and “, (b)”;
c omit the definition of “sentence of intermittent custody”.
24In section 249 (duration of licence)—
a in subsection (1), for “subsections (2) and (3)” substitute “ subsection (3) ”;
b omit subsection (2);
c in subsection (3), omit the words from “and subsection (2)” to the end;
d omit subsection (4).
25In section 250 (licence conditions)—
a omit subsections (2), (2A), (3) and (6);
b in subsection (7), for the words from “section 264(3)” to the end substitute “ and section 264(3) (consecutive terms) ”.
26Omit section 251 (licence conditions on re-release of those serving less than 12 months).
27In section 252(2) (duty to comply with licence conditions: overseas)—
a at the end of paragraph (a) insert “ and ”;
b omit paragraph (b).
28Omit section 253(4) (curfew conditions for those subject to intermittent custody order).
29In section 260(7) (early removal of persons liable to removal from UK: definition of “requisite custodial period”), omit “, (b)”.
30In section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, omit “, (b)”.
31Omit section 263(3) (concurrent terms: requirements of licence).
32
1 Section 264 (consecutive terms) is amended as follows.
2 Omit subsection (1)(c) and the “and” preceding it.
3 In subsection (6) omit—
a paragraph (a)(iii) and the “and” preceding it;
b paragraph (b).
33Omit section 264A (consecutive terms: intermittent custody).
34Omit section 265(1B) (restriction on consecutive sentences: intermittent custody).
35In section 268 (interpretation of Chapter 6), omit the definitions of “intermittent custody prisoner”, “release” and “relevant court order”.
36In section 302 (execution of process between England and Wales and Scotland), omit “paragraph 8(1) of Schedule 10”.
37In section 305(1) (interpretation of Part 12)—
a omit the definition of “custody plus order”;
b omit the definition of “intermittent custody order”;
c omit the words “custody plus order, intermittent custody order” (wherever they appear);
d in the definition of “responsible officer”, omit the words “a custody plus order, an intermittent custody order”.
38
1 Schedule 12 (breach or amendment of suspended sentence order etc) is amended as follows.
2 In paragraph 8(2) (powers of court on breach of community requirement or conviction of further offence)—
a in paragraph (a), omit “and custodial period”;
F95b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In paragraph 9(1) (further provision as to order that suspended sentence is to take effect)—
a omit “and custodial period”;
b omit paragraph (a).
39In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2), (3) and (6), 29, 57, 58 and 68(2).

Domestic Violence, Crime and Victims Act 2004 (c. 28)

40
1 The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
2 Omit section 31 and Schedule 6 (intermittent custody).
3 In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act 2003.

Armed Forces Act 2006 (c. 52)

41
1 The Armed Forces Act 2006 is amended as follows.
2 In section 196 (term of sentence etc), omit—
a the reference to sections 181 and 182 of the Criminal Justice Act 2003;
b in the reference to Chapter 4 of Part 12 of that Act, the words “custody plus order or”.
3 Omit sections 197 to 199 (imprisonment with or without custody plus order).
4 In section 207 (definitions), omit the definition of “custody plus order”.
5 In Schedule 7 (suspended sentence: further conviction or breach of requirement), omit paragraph 9(1)(a) (modification of paragraph 9(1)(a) of Schedule 12 to the Criminal Justice Act 2003).
6 In Schedule 16 (minor and consequential amendments), omit paragraphs 222 and 223.

Criminal Justice and Immigration Act 2008 (c. 4)

42Omit section 20(2) and (3) of the Criminal Justice and Immigration Act 2008.

Policing and Crime Act 2009 (c. 26)

43Omit section 71(10) of the Policing and Crime Act 2009.

Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)

44Article 2(4) of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 is revoked.

SCHEDULE 11 

Amendment of enactments relating to bail

Section 90

Bail Act 1976 (c. 63)

1The Bail Act 1976 is amended as follows.
2In section 2(2) (definitions)—
a insert the following definitions at the appropriate places—
;
;
;
;
, and
b in the definition of “young person” for “seventeen” substitute “ eighteen ”.
3
1 Section 3 (general provisions) is amended as follows.
2 In subsection (6ZAA), for “person),” substitute “ person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings), ”.
3 In subsection (7)—
a for “a child or young person” substitute “ a person under the age of seventeen ”,
b for the words “the child or young person”, in both places they appear, substitute “ the person ”, and
c in paragraph (a)—
i omit “of a young person”, and
ii omit “young” in the second place it appears.
4
1 Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.
2 In the heading after “young persons” insert “ released on bail other than in extradition proceedings ”.
3 In subsection (1) (conditions for the imposition of electronic monitoring conditions: children and young persons) after “young person” insert “ released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b) ”.
5After section 3AA insert—
6
1 Section 3AB (conditions for the imposition of electronic monitoring requirements: other persons) is amended as follows.
2 In subsection (1) for “seventeen” substitute “ eighteen ”.
3 Omit subsection (4).
7In section 3AC (electronic monitoring: general provisions) in each of subsections (7) and (8) after “3AA” insert “ , 3AAA ”.
8
1 Section 7 (liability to arrest for absconding or breaking conditions of bail) is amended as follows.
2 In subsection (5) for “subsection (6)” substitute “ subsections (5A) and (6) ”.
3 After subsection (5) insert—
4 In subsection (6) for “the person so brought before the justice” substitute “ a person brought before a justice under subsection (4) or (4B) ”.
9
1 Section 9A (bail decisions relating to persons aged under 18 who are accused of offences mentioned in Schedule 2 to the Magistrates' Courts Act 1980) is amended as follows.
2 In the heading for “persons aged under 18” substitute “ children or young persons ”.
3 In subsection (1)(a) for “person aged under 18” substitute “ child or young person ”.
4 In subsections (2) and (3)(b) after “accused” insert “ child or young ”.
10Part 1 of Schedule 1 (bail for defendants accused or convicted of certain imprisonable offences) is amended in accordance with paragraphs 11 to 21.
11For the heading immediately before paragraph 1 (defendants to whom Part 1 applies) substitute “ Application of Part 1 ”.
12In paragraph 1 (defendants to whom Part 1 applies) in sub-paragraph (1) after “sub-paragraph (2)” insert “ and paragraph 1A ”.
13After paragraph 1 insert—
14In paragraph 2 (exceptions to bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses) for sub-paragraph (2) substitute—
15After paragraph 2 insert—
16For paragraph 2A (refusal of bail where defendant appears to have committed offence while on bail) substitute—
17For paragraph 6 (refusal of bail where defendant fails to surrender to custody or has been arrested under section 7) substitute—
18In paragraph 6A (certain drug users to be refused bail unless no significant risk of offending while on bail) for “is satisfied” substitute “ is of the opinion ”.
19In paragraph 9 (considerations to which the court must have regard)—
a for “2A(1), 6(1) or 6A” substitute “ 2ZA(1) ”, and
b after “paragraph 6ZA” insert “ or 6A ”.
20In paragraph 9AA (court to give particular weight to the fact that an under 18 defendant was on bail when the offence was committed) in sub-paragraph (1)(a) for “under the age of 18” substitute “ a child or young person ”.
21In paragraph 9AB (factors to be given particular weight by the court when making a decision for the purposes of section 2(1)(a), in the case of an under 18 defendant who has failed to surrender) in sub-paragraph (1)(a) for “under the age of 18” substitute “ a child or young person ”.
22Part 1A of Schedule 1 (bail for defendants accused or convicted of imprisonable offences to which Part 1 of that Schedule does not apply) is amended in accordance with paragraphs 23 to 26.
23For the heading immediately before paragraph 1 (defendants to whom Part 1A applies) substitute “ Application of Part 1A ”.
24In paragraph 1 (defendants to whom Part 1A applies) for “The” substitute “ Subject to paragraph 1A, the ”.
25After paragraph 1 insert—
26
1 Paragraph 4 (refusal of bail to defendants who are likely to cause injury or fear of injury) is amended as follows.
2 The existing words become sub-paragraph (1).
3 In paragraphs (a) and (b) of that sub-paragraph for “any person other than the defendant”, in both places those words appear, substitute “ an associated person ”.
4 After that sub-paragraph insert—
27Part 2 of Schedule 1 (bail for defendants accused or convicted of non-imprisonable offences) is amended in accordance with paragraphs 28 to 30.
28In paragraph 2 (refusal of bail for failure to surrender to custody) after “bail if—” insert—
.
29In paragraph 5 (refusal of bail in certain circumstances when arrested under section 7) after “bail if—” insert—
.
30After paragraph 5 insert—
31
1 Paragraph 2 of Part 3 of Schedule 1 (references to previous grants of bail) is amended as follows.
2 In paragraph (b) for “section 14(1) of the Criminal Justice Act 2003” substitute “ paragraph 16 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
3 In paragraph (c) for “section 15(1) of the Criminal Justice Act 2003” substitute “ paragraph 17 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
4 After paragraph (f) insert

Bail (Amendment) Act 1993 (c. 26)

32
1 Section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal where bail is granted) is amended as follows.
2 After subsection (1A) insert—
3 In subsection (2) for “Subsection (1) above applies” substitute “ Subsections (1) and (1B) above apply ”.
4 In subsections (3), (4) and (8) for “or (1A)” substitute “ , (1A) or (1B) ”.
5 In subsection (10)(a)—
a for “reference in subsection (1)” substitute “ references in subsections (1) and (1B) ”, and
b for “is to be read as a reference” substitute “ are to be read as references ”.

Criminal Justice and Public Order Act 1994 (c. 33)

33In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for defendants charged with or convicted of homicide or rape after previous conviction for such offences) in subsection (1) for “is satisfied” substitute “ is of the opinion ”.

Consequential amendments

34In section 38(2A) of the Police and Criminal Evidence Act 1984 (considerations applicable to paragraph 2 of Part 1 of Schedule 1 to the 1976 Act to be taken into account by custody officer when making decision about bail after charge) for “paragraph 2(2)” substitute “ paragraphs 1A and 2(2) ”.
35In section 200 of the Extradition Act 2003 (amendments to section 1 of the Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).

SCHEDULE 12 

Remands of children otherwise than on bail: minor and consequential amendments

Section 105

Criminal Justice Act 1948 (c. 58)

1Section 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20) is amended as follows.
2In the heading, for “17” substitute “ 18 ”.
3In subsection (1) for “seventeen” substitute “ eighteen ”.

Prison Act 1952 (c. 52)

4In section 43(1) of the Prison Act 1952 (power of Secretary of State to provide young offender institutions, secure training centres etc), at the end of paragraph (d) insert “ and in which children who have been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 may be detained ”.

Children and Young Persons Act 1969 (c. 54)

5The Children and Young Persons Act 1969 is amended as follows.
I236Omit section 23 (remands and committals to local authority accommodation).
I247Omit section 23AA (electronic monitoring of conditions of remand).
I258Omit section 23A (liability to arrest for breaking conditions of remand).
9
1 Section 23B (report by local authority in certain cases where person remanded on bail) is amended as follows.
2 In subsection (2), at the end insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. ”
3 In subsection (3), for “section 23(2) of this Act” substitute “ section 92(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
4 In subsection (6)—
a in paragraph (a), for “17” substitute “ 18 ”, and
b for paragraph (b) and the “and” at the end of that paragraph substitute—
.
5 In subsection (7), in the definition of “serious offence”, after “means” insert “ (subject to subsection (8)) ”.
6 After subsection (7) insert—
I2610
1 Section 32 (detention of absentees) is amended as follows.
2 In subsection (1A)—
a in paragraph (b), omit sub-paragraph (iii), and
b after that paragraph insert—
.
3 In subsection (1B), for the “or” at the end of paragraph (b) substitute—
.
4 In subsection (1C), for paragraph (d) and the “or” preceding that paragraph substitute—
I2711In section 34(1) (transitional modifications of Part 1 for persons of specified ages)—
a in paragraph (c) omit “, 23(1)”, and
b omit paragraph (e).
I2812In section 69 (orders and regulations etc) omit subsection (4A).

Local Authority Social Services Act 1970 (c. 42)

13In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions for the purposes of the Act), at the end insert—

Bail Act 1976 (c. 63)

14The Bail Act 1976 is amended as follows.
15
1 Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.
2 In subsection (3)(b), for “to local authority accommodation” substitute “ subject to a custodial remand ”.
3 For subsection (11) substitute—
16In section 7(6) (arrest for absconding or breaking conditions of bail: powers of justice), for the words from “section 23” to the end of the subsection substitute “ section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.
I2917In Part 3 of Schedule 1 (supplementary provisions about persons entitled to bail: interpretation), in paragraph 3, for the words from “the care of” to the end of the paragraph substitute “ accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation). ”

Child Abduction Act 1984 (c. 37)

18The Child Abduction Act 1984 is amended as follows.
19In section 1(8) (offence of child abduction: modifications in relation to children remanded to local authority accommodation etc), for “to a local authority accommodation” substitute “ otherwise than on bail ”.
I3020In paragraph 2 of the Schedule (modifications of section 1 in case of children in places of safety etc)—
a in sub-paragraph (1), in paragraph (b) omit “section 23 of the Children and Young Persons Act 1969,”,
b in that sub-paragraph, at the end of paragraph (ba) insert
, and
c in sub-paragraph (2)(a), after “place of safety” insert “ , local authority accommodation or youth detention accommodation ”.

Police and Criminal Evidence Act 1984 (c. 60)

I3121In section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of entry and search of premises for purpose of arresting child or young person remanded to local authority accommodation), for the words from “or committed” to “that Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Prosecution of Offences Act 1985 (c. 23)

22In section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings: interpretation), in the definition of “custody” for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Children Act 1989 (c. 41)

I3223The Children Act 1989 is amended as follows.
I3324In section 21(2)(c) (duty to receive and provide accommodation for certain kinds of children) omit sub-paragraph (i) (children on remand under section 23(1) of the Children and Young Persons Act 1969).
I3425In Schedule 12 (minor amendments), omit paragraph 28(b).

Criminal Justice Act 1991 (c. 53)

26The Criminal Justice Act 1991 is amended as follows.
27Omit section 60(1).
I3528In section 60(3) (applications under section 25 of the Children Act 1989 in case of child remanded or committed to local authority accommodation)—
a omit “or committed”, and
b after “local authority accommodation” insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
I3629Omit section 61 (provision by local authorities of secure accommodation).
30Omit section 61A (cost of secure accommodation).
I3731In section 92(3) (application of prisoner escort provisions to persons remanded etc under section 23 of the Children and Young Persons Act 1969)—
a in paragraph (a), for the words from “or committed” to “1969 Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
b in paragraph (b) for “such accommodation” substitute “ accommodation in which a person is or is to be accommodated pursuant to such a remand ”.

Bail (Amendment) Act 1993 (c. 26)

32In section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of appeal against grant of bail: application to children and young persons)—
a for the words from “child” to “Act 1969)” substitute “ person under the age of 18 ”, and
b in paragraph (b) for the words from “section 23” to “accommodation)” substitute “ Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.

Criminal Justice and Public Order Act 1994 (c. 33)

I3833The Criminal Justice and Public Order Act 1994 is amended as follows.
I3934Omit sections 19(1) and (3), 21 and 23.
I4035In Schedule 9 (minor amendments) omit paragraph 38.

Crime and Disorder Act 1998 (c. 37)

I4136The Crime and Disorder Act 1998 is amended as follows.
I4237In section 38(4)(d) (definition of “youth justice services”: placements pursuant to remands to local authority accommodation), for the words from “or committed” to “1969 Act”)” substitute “ to such accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
I4338In section 41(5) (functions of the Youth Justice Board for England and Wales) omit—
a paragraph (i)(iii) (agreements for the provision of accommodation for detention under section 23(4)(c) of the Children and Young Persons Act 1969 as modified by section 98 of the Crime and Disorder Act 1998), and
b paragraph (k) (assistance to local authorities in discharging duty under section 61 of the Criminal Justice Act 1991).
I4439In section 57A(3) (use of live link for accused's attendance at preliminary or sentencing hearing: interpretation), in paragraph (a) of the definition of “custody”, for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
I4540Omit sections 97 and 98.

Access to Justice Act 1999 (c. 22)

I4641In Schedule 4 to the Access to Justice Act 1999 (amendments consequential on Part 1), omit paragraphs 4, 6 and 7.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F2242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Care Standards Act 2000 (c. 14)

I4745In Schedule 4 to the Care Standards Act 2000 (minor and consequential amendments), omit paragraphs 3 and 17.

Criminal Justice and Court Services Act 2000 (c. 43)

I4846
1 Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and consequential amendments) is amended as follows.
2 In paragraph 4(2), in the entry for the Children and Young Persons Act 1969, omit the words from “section 23(4)” to “15 and 16 year old boys)),”.
3 Omit paragraph 39.

Criminal Justice and Police Act 2001 (c. 16)

I4947In the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133(1).

Courts Act 2003 (c. 39)

I5048In Schedule 8 to the Courts Act 2003 (minor and consequential amendments), omit paragraph 135.

Extradition Act 2003 (c. 41)

I5149In the Extradition Act 2003, omit section 201.

Criminal Justice Act 2003 (c. 44)

I5250The Criminal Justice Act 2003 is amended as follows.
I5351In section 242 (interpretation of provisions about crediting periods of remand in custody)—
a in subsection (2)(b), for the words from “or committed” to “that section” substitute “ to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
b omit subsection (3).
I5452In Schedule 32 (amendments relating to sentencing), omit paragraph 15.

Criminal Defence Service Act 2006 (c. 9)

I5553In section 4(2) of the Criminal Defence Service Act 2006 (provisions to which certain consequential amendments apply), omit paragraphs (a) and (b).

Violent Crime Reduction Act 2006 (c. 38)

I5654In the Violent Crime Reduction Act 2006, omit section 61.

Criminal Justice and Immigration Act 2008 (c. 4)

I5755In Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and consequential amendments), omit paragraph 5.

Children and Young Persons Act 2008 (c. 23)

I5856In Schedule 1 to the Children and Young Persons Act 2008 (children looked after by local authorities: supplementary and consequential provision), omit paragraph 8.

Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912)

I5957In Schedule 1 to the Offender Management Act 2007 (Consequential Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).

Policing and Crime Act 2009 (c. 26)

I6058In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 (detention order for breach of injunction: meaning of youth detention accommodation) for paragraph (c) substitute—

SCHEDULE 13 

Crediting of time in custody

Section 110

Part 1  Armed Forces amendments

1The Armed Forces Act 2006 is amended as follows.
2
1 Section 246 (crediting of time in service custody: terms of imprisonment and detention) is amended as follows.
2 For subsections (2) to (5) substitute—
3 In subsection (6)—
a omit “and” at the end of paragraph (a), and
b after paragraph (b) insert
.
3
1 Section 247 (crediting of time in service custody: supplementary) is amended as follows.
2 In subsection (2)—
a after “in connection with other offences” insert “ (but see section 246(2B)) ”, and
b omit “, or has also been detained in connection with other matters”.
3 After subsection (2) insert—
4 In subsection (4) for “the reference in section 246(2)” substitute “ the references in section 246(2) and (2B) ”.
4In section 373(3) (orders, regulations and rules) in paragraph (g) omit “or 246”.
5In Schedule 16 (minor and consequential amendments), omit paragraph 228.

Part 2  Other amendments

Criminal Appeal Act 1968 (c. 19)

6In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for “Sections 240” substitute “ Sections 240ZA ”.

Immigration Act 1971 (c. 77)

7In section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), in subsection (4), after “section 240” insert “ , 240ZA or 240A ”.

Road Traffic Offenders Act 1988 (c. 53)

F1548. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F399. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3910. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

International Criminal Court Act 2001 (c. 17)

13In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “sections 240” substitute “ sections 240ZA ”.

SCHEDULE 14 

Prisoners serving less than 12 months: consequential amendments

Section 111

Road Traffic Offenders Act 1988 (c. 53)

1In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—
a in subsection (8), after “section” insert “ 243A(3)(a), ”;
b in subsection (9)(a), after “in respect of section” insert “ 243A(3)(a) or ”.

Crime (Sentences) Act 1997 (c. 43)

2In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraphs 8(2)(a) and 9(2)(a), after “sections 241,” insert “ 243A, ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F1113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

International Criminal Court Act 2001 (c. 17)

4In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 3(1), for “sections 244” substitute “ sections 243A ”.

Criminal Justice Act 2003 (c. 44)

5The Criminal Justice Act 2003 is amended as follows.
6
1 Section 244 (duty to release prisoners on licence) is amended as follows.
2 In subsection (1)—
a after “section” in the first place it appears insert “ 243A or ”;
b after “the requisite custodial period” insert “ for the purposes of this section ”.
3 In subsection (3)—
a for “In this section” substitute “ For the purposes of this section ”;
b in paragraph (a)—
i for “any” substitute “ a ”;
ii after “the Sentencing Act” insert “ for such a term ”.
7In section 246(6) (power to release prisoners early: definitions), in the definition of “the requisite custodial period”, after “has the meaning given by” insert “ paragraph (a) or (b) of section 243A(3) or (as the case may be) ”.
8
1 Section 249 (duration of licence) is amended as follows.
2 In subsection (1), after “a fixed-term prisoner” insert “ , other than one to whom section 243A applies, ”.
3 After subsection (1) insert—
4 In subsection (3)—
a for “Subsection (1) has” substitute “ Subsections (1) and (1A) have ”;
b omit “and (4)”.
9In section 250(4) (licence conditions) omit “for a term of twelve months or more” and “such” in the first place it appears.
10In section 253(3) (period for which curfew condition to remain in force), after “fall to be released” insert “ unconditionally under section 243A or ”.
11In section 260 (early removal of prisoners liable to removal from UK)—
a in subsection (5), after “section” in the second place it appears insert “ 243A, ”;
b in subsection (7), after “has the meaning given by” insert “ paragraph (a) or (b) of section 243A(3) or (as the case may be) ”.
12
1 Section 261 (re-entry to UK of offender removed early) is amended as follows.
2 In subsection (5), for “section 244” substitute “ section 243A or 244 (as the case may be) ”.
3 In subsection (6)—
a in the definition of “requisite custodial period”, after “has the meaning given by” insert “ paragraph (a) or (b) of section 243A(3) or (as the case may be) ”;
b in the definition of “sentence expiry date”—
i after “but for his” insert “ release from prison and ”;
ii for “ceased to be subject to a licence” substitute “ served the whole of the sentence ”.
13In section 263(2) (concurrent terms)—
a after paragraph (a) insert—
;
b in paragraph (b), after “each of the others” insert “ to which that section applies ”;
c in paragraph (c), after “release under this Chapter” insert “ (unless that release is unconditional) ”.
14In section 264 (consecutive terms)—
a in subsection (2), omit “on licence”;
b in subsection (3), for “any of the terms of imprisonment is a term of twelve months or more” substitute “ the aggregate length of the terms of imprisonment is 12 months or more ”;
c after subsection (3) insert—
;
d omit subsections (4) and (5);
e in subsection (6)(a)(ii)—
i for “a term of twelve months or more” substitute “ any other sentence ”;
ii for “the term” substitute “ the sentence ”;
f in subsection (7), omit “of 12 months or more”.
15In section 267 (alteration by order of proportion of sentence), after “any reference in” insert “ section 243A(3)(a), ”.
16The heading of Chapter 6 of Part 12 becomes “ Release, licences and recall ”.

Commencement of repeal

17The repeal by section 303(a) of the Criminal Justice Act 2003 of sections 33 to 51 of the Criminal Justice Act 1991 has effect in relation to any sentence of imprisonment which—
a is of less than 12 months (whether or not such a sentence is imposed to run concurrently or consecutively with another such sentence), and
b is imposed in respect of an offence committed on or after 4 April 2005,
and paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Savings Provisions) Order 2005 (S.I. 2005/950) is accordingly revoked.

SCHEDULE 15 

Application of sections 108 to 119 and transitional and transitory provision

Section 120

1In this Schedule—
a “the commencement date”, in relation to any of sections 108 to 118, means the day appointed under section 151 for the coming into force of that section;
b “Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended by those sections;
c “the 2003 Act” means the Criminal Justice Act 2003.
2
1 The following provisions apply in relation to any person who falls to be released under Chapter 6 on or after the commencement date—
a section 108 (but this is subject to sub-paragraph (3));
b in section 110—
i subsections (1) to (7), (9) and (12) so far as they relate to section 240ZA of the 2003 Act, and
ii subsection (10);
c section 111;
d section 115;
e section 116;
f Part 1 of Schedule 13 and section 110(13) so far as it relates to that Part (but this is subject to sub-paragraph (3)).
2 Section 117 applies in relation to any person who falls to be released under Chapter 6, or (as the case may be) under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, on or after the commencement date.
3 Where a court, before the commencement date, has given a direction under section 240(3) of the 2003 Act or section 246(2) of the Armed Forces Act 2006—
a if the number of days in relation to which the direction is given is greater than the number of days calculated under the new provisions, the direction continues to have effect (in place of the new provisions);
b in any other case, the direction ceases to have effect.
4 In sub-paragraph (3) “the new provisions” means—
a where the direction was given under section 240(3) of the 2003 Act, section 240ZA of that Act;
b where the direction was given under section 246(2) of the Armed Forces Act 2006, section 246 of that Act as amended by Part 1 of Schedule 13.
3The following provisions apply in relation to any person sentenced on or after the commencement date—
a section 109;
b in section 110—
i subsections (1) to (7), (9) and (12) so far as they relate to section 240A of the 2003 Act, and
ii subsection (8).
4The amendments made by section 112 do not affect the release under Chapter 6 of any prisoner before the commencement date.
5Section 113 applies in relation to any person recalled under section 254 of the 2003 Act before the commencement date (as well as in relation to any person recalled under that section on or after that date).
6Section 114 applies in relation to any person recalled under that section on or after the commencement date.
7Section 119 applies in relation to any person who, on the day on which this Act is passed, has served the relevant part of the sentence (as well as in relation to any person who, on that date, has not served that part).

SCHEDULE 16 

Amendments of Criminal Justice Act 2003: transitional and consequential provision

Section 121

Part 1  Transitional provision

1The Criminal Justice Act 2003 is amended as follows.
2After section 267 insert—
3After Schedule 20 insert—

Part 2  Consequential amendments

Repatriation of Prisoners Act 1984 (c. 47)

4In section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984 (power to provide for prisoner to be treated as having been released) for “section 244 or 246” substitute “ Chapter 6 of Part 12 ”.

Criminal Justice Act 1991 (c. 53)

5In Schedule 12 to the Criminal Justice Act 1991, omit paragraphs 8 to 13 (transitional provisions relating to the coming into force of Part 2 of that Act).

Crime (Sentences) Act 1997 (c. 43)

6Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.
7In paragraph 8 (transfers to Scotland)—
a in sub-paragraph (2)(a), after “246 to 264A” insert “ , 267A and 267B ”;
b in sub-paragraph (4)(a), for “and 249 to 264A” substitute “ , 249 to 264A, 267A and 267B ”.
8In paragraph 9(2)(a) and (4)(a) (transfers to Northern Ireland), for “and 254 to 264A” substitute “ , 254 to 264A, 267A and 267B ”.

Extradition Act 2003 (c. 41)

9The Extradition Act 2003 is amended as follows.
10In section 59 (return of person to serve remainder of sentence), in subsection (11)—
a omit paragraph (a);
b in paragraph (b), for “section 244” substitute “ Chapter 6 of Part 12 ”.
11In section 132 (return of person to serve remainder of sentence), in subsection (11)—
a omit paragraph (a);
b in paragraph (b), for “section 244” substitute “ Chapter 6 of Part 12 ”.
12In section 153B (return of person in pursuance of undertaking), in subsection (10)(a)—
a omit sub-paragraph (i);
b in sub-paragraph (ii), for “section 244” substitute “ Chapter 6 of Part 12 ”.

Criminal Justice Act 2003 (c. 44)

13The Criminal Justice Act 2003 is amended as follows.
14In section 240A(1)(a) (crediting of periods of remand on bail), omit the words “committed on or after 4th April 2005”.
15
1 The repeal by section 25 of the Criminal Justice and Immigration Act 2008 of provisions in section 247 of the Criminal Justice Act 2003 comes fully into force.
2 Accordingly, in paragraph 2 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (Commencement No.2 and Transitional and Savings Provisions) Order 2008 (S.I. 2008/1586), omit “and 25”.
16Omit section 262 and Schedule 20 (prisoners liable to removal from United Kingdom).
17Omit section 265(1A) (restriction on consecutive sentences for released prisoners).

Domestic Violence, Crime and Victims Act 2004 (c. 28)

18Omit paragraph 46 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004.

Police and Justice Act 2006 (c. 48)

19Omit paragraph 33 of Schedule 13 to the Police and Justice Act 2006.

Criminal Justice and Immigration Act 2008 (c. 4)

20In the Criminal Justice and Immigration Act 2008, omit—
a sections 20(4)(b), 26 to 28, 32 and 33(1), (3), (5) and (6);
b paragraph 29(2) to (5) of Schedule 26;
c paragraphs 8 and 9 of Schedule 27.

Coroners and Justice Act 2009 (c. 25)

21In the Coroners and Justice Act 2009, omit—
a section 145;
b paragraph 43 of Schedule 22.

Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466)

22Article 3 of the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466) is revoked.

SCHEDULE 17 

Criminal Justice Act 2003: restatement of transitional provision

Section 121

1The Criminal Justice Act 2003 is amended as follows.
2In section 244 (duty to release prisoners on licence), after subsection (3) insert—
3In section 247 (release on licence of prisoner serving extended sentence), after subsection (7) insert—
4In section 249 (duration of licence), at the end insert—
5
1 Section 258 (early release of fine defaulters and contemnors) is amended as follows.
2 After subsection (2) insert—
3 In subsection (3) after “in this section” insert “ or in paragraph 35 of Schedule 20B ”.
6In section 260 (early removal of prisoners liable to removal from UK), after subsection (7) insert—
7In section 263 (concurrent terms), after subsection (4) insert—
8In section 264 (consecutive terms), after subsection (7) insert—
9After section 267A (inserted by Schedule 16) insert—
10After Schedule 20A (inserted by Schedule 16) insert—

F20SCHEDULE 18 

Life sentence for second listed offence etc: new Schedule 15B to Criminal Justice Act 2003

Section 122

F20

In the Criminal Justice Act 2003, after Schedule 15A insert—

SCHEDULE 19 

Life sentence for second listed offence: consequential and transitory provision

Section 122

Part 1 Consequential provision

Mental Health Act 1983 (c. 20)

1In section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission), in subsection (1A), after paragraph (b) insert—
.

Criminal Justice Act 1988 (c. 33)

2In section 36 of the Criminal Justice Act 1988 (reviews of sentencing), in subsection (2)(b)(iii), after “section” insert “ 224A, ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (c. 44)

8The Criminal Justice Act 2003 is amended as follows.
9In section 142 (purposes of sentencing: offenders aged 18 and over), in subsection (2)(c)—
a after “weapon)” insert “ , under section 224A of this Act (life sentence for second listed offence for certain dangerous offenders) ”, and
b for “(dangerous offenders)” substitute “ (imprisonment or detention for life for certain dangerous offenders) ”.
F16010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16011. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16014. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16015. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16017. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16021. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16022. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Coroners and Justice Act 2009 (c. 25)

F16023. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 Transitory provision

F16024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 20 

Release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003

Section 125

1Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and recall) (as amended by Chapter 4 of Part 3 of this Act) is amended as follows.
2
1 Section 237 (meaning of “fixed-term prisoner” etc) is amended as follows.
2 In subsection (1)(b), before “227” insert “ 226A, 226B, ”.
3 In subsection (3), before “227” insert “ 226A or ”.
F503. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4In section 240ZA (time remanded in custody to count as time served), in subsection (11), before “227” insert “ 226A, 226B, ”.
5
1 Section 246 (power to release prisoners on licence) is amended as follows.
2 In subsection (4)(a), after “section” insert “ 226A, ”.
3 In subsection (6), in the definition of “term of imprisonment”, before “227” insert “ 226A, 226B, ”.
6
1 Section 250 (licence conditions) is amended as follows.
2 In subsection (4)—
a before the first “227” insert “ 226A or ”, and
b before the second “227” insert “ 226A, 226B, ”.
3 After subsection (5) insert—
7In section 255A (further release after recall), in subsection (7)(a) (meaning of “extended sentence prisoner”), after “section” insert “ 226A, 226B, ”.
8In section 258 (early release of fine defaulters and contemnors), in subsection (3A), before “227” insert “ 226A, 226B, ”.
9
1 Section 260 (early removal of prisoners liable to removal from UK) is amended as follows.
2 After subsection (2) insert—
3 In subsection (5), after “244” (but before “, 247”) insert “ , 246A ”.
4 In subsection (7), before paragraph (a) insert—
.
10
1 Section 261 (re-entry to UK of offender removed early) is amended as follows.
2 In subsection (5)(b), for “or 244” substitute “ , 244 or 246A ”.
3 In subsection (6), in the definition of “requisite custodial period”, before paragraph (a) insert—
.
11In section 263 (concurrent terms), in subsection (4), before “227” insert “ 226A, 226B, ”.
12
1 Section 264 (consecutive terms) is amended as follows.
2 In subsection (6)(a) (definition of “custodial period”), before sub-paragraph (i) insert—
.
3 In subsection (7), before “227” insert “ 226A, 226B, ”.
F3513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 21 

Abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision

Section 126

Part 1  Consequential provision

Juries Act 1974 (c. 23)

1In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury service) in paragraph 6(d), before “227” insert “ 226A, 226B, ”.

Rehabilitation of Offenders Act 1974 (c. 53)

2In section 5 of the Rehabilitation of Offenders Act 1974 (sentences excluded from rehabilitation under that Act), in subsection (1)(f), before “227” insert “ 226A, 226B, ”.

Criminal Justice Act 1982 (c. 48)

3In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (1)(a), before “227” insert “ 226A or ”.

Road Traffic Offenders Act 1988 (c. 53)

4
1 Section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence imposed as well as driving disqualification) is amended as follows.
2 In subsection (4)(e)—
a for “227” substitute “ 226A ”,
b for “half” substitute “ two-thirds of ”, and
c for “227(2C)(a)” substitute “ 226A(5)(a) ”.
3 In subsection (4)(f)—
a for “228” substitute “ 226B ”,
b for “half” substitute “ two-thirds of ”, and
c for “228(2B)(a)” substitute “ 226B(3)(a) ”.
4 In subsection (8), omit “or 247(2)”.
5 In subsection (9), omit paragraph (b).

Crime (Sentences) Act 1997 (c. 43)

5In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraph 9(2)(a), after “244,” insert “ 246A, ”.

Crime and Disorder Act 1998 (c. 37)

6In section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons), in subsection (3)(d), for “226(3) or 228(2)” substitute “ 226B ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F1367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1369. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13613. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13614. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Court Services Act 2000 (c. 43)

16The Criminal Justice and Court Services Act 2000 is amended as follows.
17In section 62 (release on licence etc: conditions as to monitoring), in subsection (5)(f), after “226” insert “ , 226B ”.
18In section 64 (release on licence: drug testing requirements), in subsection (5)(f), after “226” insert “ , 226B ”.

Sexual Offences Act 2003 (c. 42)

19In section 131 of the Sexual Offences Act 2003 (young offenders: application), in paragraph (l), before “228” insert “ 226B or ”.

Criminal Justice Act 2003 (c. 44)

20The Criminal Justice Act 2003 is amended as follows.
F3721. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3724. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3725. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3726. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3727. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3728. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29In section 327 (arrangements for assessing etc risks posed by certain offenders: interpretation), in subsection (3)(b)(vi), after “section” insert “ 226B or ”.
30In section 330 (orders and rules), in subsection (5)(a), omit—
a “227(6),”, and
b “228(7)”.
31Omit Schedule 15A (offences specified for the purposes of sections 225(3A) and 227(2A)).

Offender Management Act 2007 (c. 21)

32
1 Section 28 of the Offender Management Act 2007 (application of polygraph conditions for certain offenders released on licence) is amended as follows.
2 In subsection (3)(a), after “section” insert “ 226A or ”.
3 In subsection (3)(f), after “226” insert “ , 226B ”.

Counter-Terrorism Act 2008 (c. 28)

33In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences or orders triggering notification requirements under Part 4 of that Act), after sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph), insert—
.

Coroners and Justice Act 2009 (c. 25)

F14134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential repeals

35In consequence of amendments made by section 123, 124 or 125 or this Schedule—
a in the Criminal Justice Act 2003, omit paragraph 4 of Schedule 18, and
b in the Criminal Justice and Immigration Act 2008 omit—
i sections 13, 14, 15, 16 and 18(2);
ii Schedule 5;
iii in Schedule 26, paragraph 76.

Part 2  Transitory provision

F7336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
1 In relation to any time before the repeal of section 30 of the Criminal Justice and Court Services Act 2000 (protection of children: supplemental) by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has effect with the modification in sub-paragraph (2).
2 In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, after “226” insert “ , 226B ”.

SCHEDULE 22 

Dangerous offenders subject to service law etc

Section 127

Part 1  Sentences for dangerous offenders subject to service law etc

Armed Forces Act 2006 (c. 52)

1The Armed Forces Act 2006 is amended as follows.
2After section 218 and the italic heading “Required or discretionary sentences for particular offences” insert—
I613
1 Section 219 (dangerous offenders aged 18 or over) is amended as follows.
2 For subsection (2) substitute—
3 In subsection (3), omit “and (3A)”.
I624In the heading of that section for “Dangerous” substitute “ Life sentence for certain dangerous ”.
5After that section insert—
I636Omit section 220 (certain violent or sexual offenders aged 18 or over).
I647In section 221 (dangerous offenders aged under 18) for subsection (2) substitute—
I658In the heading of that section for “Dangerous” substitute “ Life sentence for certain dangerous ”.
9After that section insert—
I6610Omit section 222 (offenders aged under 18: certain violent or sexual offences).

Part 2  Consequential provision

Juries Act 1974 (c. 23)

11In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury service), in paragraph 6(d), after “2003” insert “ (including such a sentence imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006) ”.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

12In article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (sentences excluded from rehabilitation under the Order), in sub-paragraph (g)(iii), after “section” insert “ 226A, 226B, ”.

Criminal Justice Act 1982 (c. 48)

13In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (1A)—
a before “227” insert “ 226A or ”, and
b after “219” insert “ , 219A ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F9814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9815. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9816. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Court Services Act 2000 (c. 43)

17The Criminal Justice and Court Services Act 2000 is amended as follows.
18In section 62 (release on licence etc: conditions as to monitoring), in subsection (5)(f), after “221” insert “ , 221A ”.
19In section 64 (release on licence etc: drug testing requirements), in subsection (5)(f), after “221” insert “ , 221A ”.

Sexual Offences Act 2003 (c. 42)

20In section 131 of the Sexual Offences Act 2003 (young offenders: application), in paragraph (l), before “222” insert “ 221A or ”.

Criminal Justice Act 2003 (c. 44)

21In section 237 of the Criminal Justice Act 2003 (meaning of fixed term prisoner etc), in subsection (1B), after paragraph (b) insert—
.

Armed Forces Act 2006 (c. 52)

22The Armed Forces Act 2006 is amended as follows.
23
1 Section 188 (consecutive custodial sentences) is amended as follows.
2 In subsection (2), in paragraph (c)—
a for “228” substitute “ 226B ”, and
b for “222” substitute “ 221A ”.
3 In subsection (4), in paragraph (c)—
a before “228” insert “ 226B or ”, and
b before “222” insert “ 221A or ”.
24In section 209 (offenders aged under 18 convicted of certain serious offences: power to detain for specified period), in subsection (7)—
a for “section 226(2)” substitute “ sections 224A and 226(2) ”, and
b for “section 221(2)” substitute “ sections 218A and 221(2) ”.
25In section 211 (offenders aged under 18: detention and training orders), in subsection (4)—
a after “218,” insert “ 218A, ”, and
b for “222” substitute “ 221A ”.
26In section 221(3) (dangerous offenders aged under 18), after “as applied” insert “ by ”.
27In section 223 (the “required opinion” for the purposes of sections 219 to 222), in subsection (1)—
a for “220(1)” substitute “ 219A(1) ”, and
b for “222(1)” substitute “ 221A(1) ”.
28In the heading of that section for “222” substitute “ 221A ”.
29For section 224 (place of detention under certain sentences) substitute—
30
1 Section 228 (appeals where previous convictions set aside) is amended as follows.
2 For subsection (1) substitute—
3 In subsection (2)—
a for “Subsection (3) also applies” substitute “ The fifth case is ”; and
b in paragraph (a) after “226” insert “ of this Act ”.
4 After subsection (3) insert—
5 In subsection (4), for “Subsection (3) has” substitute “ Subsections (3) and (3B) have ”.
31In section 237 (duty to have regard to the purposes of sentencing etc), in subsection (3)(b)—
a after “sections” insert “ 218A, ”, and
b before “225(2)” insert “ 224A, ”.
32In section 246 (crediting of time in service custody: terms of imprisonment and detention), in subsection (6)(b)—
a before “228” insert “ 226B or ”, and
b before “222” insert “ 221A or ”.
33
1 Section 256 (pre-sentence reports) is amended as follows.
2 In subsection (1)(c)—
a for “220(1)” substitute “ 219A(1) ”, and
b for “222(1)” substitute “ 221A(1) ”.
3 After subsection (9) insert—
34
1 Section 260 (discretionary custodial sentences: general restrictions) is amended as follows.
2 In subsection (1)(b)—
a before “225(2)” insert “ 224A, ”, and
b before “219(2)” insert “ 218A, ”.
3 After subsection (4) insert—
35
1 Section 261 (length of discretionary custodial sentences: general provision) is amended as follows.
2 In subsection (1)—
a before “225” insert “ 224A, ”, and
b before “219(2)” insert “ 218A, ”.
3 In subsection (3), for “220, 222” substitute “ 219A, 221A ”.
36In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—
a before “225(2)” insert “ 224A, ”, and
b before “219(2)” insert “ 218A, ”.
37In section 374 (definitions applying for purposes of the whole Act), in the definition of “custodial sentence”, after paragraph (e) (but before the “or” at the end of that paragraph) insert—
.

Counter-Terrorism Act 2008 (c. 28)

38In Schedule 6 to the Counter-Terrorism Act 2008 (notification requirements: application to service offences), in paragraph 5(1)(a), after sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph) insert—
.

Part 3  Transitory provision

39
1 In relation to any time before the repeal of section 30 of the Criminal Justice and Court Services Act 2000 (protection of children: supplemental) by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has effect with the modification in sub-paragraph (2).
2 In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, after “2003” insert “ (including such a sentence imposed as a result of section 221, 221A or 222 of the Armed Forces Act 2006) ”.

SCHEDULE 23 

Penalty notices for disorderly behaviour

Section 132

Criminal Justice and Police Act 2001 (c. 16)

1Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (on the spot penalties for disorderly behaviour) is amended as follows.
2In section 1 (offences leading to penalties on the spot) omit subsections (4) and (5) (provision about orders under subsections (2) and (3) of that section).
3
1 Section 2 (penalty notices) is amended as follows
2 In subsection (1) for “10” substitute “ 18 ”.
3 After subsection (1) insert—
4 Omit subsection (2) (requirement that constable giving a penalty notice other than at a police station be in uniform).
5 Omit subsection (3) (requirement that constable giving a penalty notice at a police station be an authorised constable).
6 In subsection (4)—
a after “Chapter”, in the first place it appears, insert
, and
b at the end insert
7 After subsection (4) insert—
8 Omit subsection (5) (definition of “authorised constable”).
9 Omit subsections (6) to (9) (Secretary of State order making power and associated provision).
4After section 2 (penalty notices) insert—
5
1 Section 3 (amount of penalty and form of penalty notice) is amended as follows.
2 Omit subsection (1A) (Secretary of State may specify different penalties for persons of different ages).
3 After subsection (3) insert—
4 Omit subsections (5) and (6) (provision relating to orders under that section).
6
1 Section 4 (effect of penalty notice) is amended as follows.
2 In subsection (5) for “If” substitute “ In the case of a penalty notice that is not a penalty notice with an education option, if ”.
3 After subsection (5) insert—
7
1 Section 5 (general restriction on proceedings) is amended as follows.
2 In subsection (1) for “until the end of” substitute “ during ”.
3 After subsection (2) insert—
8In section 6 (Secretary of State's guidance) after paragraph (b) insert—
.
9In section 8(4) (registration certificates) after “section 4(5)” insert “ or (6) ”.
10
1 Section 10 (enforcement of fines) is amended as follows.
2 In subsection (6) for “If” substitute “ Subject to any regulations made under subsection (7), if ”.
3 After subsection (6) insert—
11After section 10 insert—
12
1 Section 11 (interpretation of Chapter 1) is amended as follows.
2 Before the definition of “chief officer of police” insert—
.
3 After the definition of “defaulter” insert—
.
4 After the definition of “penalty notice” insert—
.

Consequential amendments

13In section 64A of the Police and Criminal Evidence Act 1984 (photographing of suspects etc) in subsection (1B)(d) omit “in uniform” in the first place those words appear.
14
1 The Police Reform Act 2002 is amended as follows.
2 In section 43(7) (railway safety accreditation schemes: Secretary of State power to give an accredited person the powers of a constable in uniform, or an authorised constable, to issue fixed penalty notices) omit “in uniform and of an authorised constable”.
F613 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In paragraph 1 of Schedule 5 (accredited persons' powers to issue fixed penalty notices) in sub-paragraph (2)(aa) omit “in uniform”.
5 In paragraph 1 of Schedule 5A (accredited inspectors' powers to issue fixed penalty notices) in sub-paragraph (2) omit “in uniform”.
15In consequence of the amendments made by paragraphs 3 and 5 of this Schedule, omit section 87 of the Anti-social Behaviour Act 2003.

SCHEDULE 24 

Youth cautions: consequential amendments

Section 135

Rehabilitation of Offenders Act 1974 (c. 53)

1The Rehabilitation of Offenders Act 1974 is amended as follows.
2In section 8A(2) (meaning of “caution”)—
a omit paragraph (c), and
b in paragraph (d)—
i omit “, reprimand or warning”, and
ii for “paragraphs (a) to (c)” substitute “ paragraph (a) or (b) ”.
3In Schedule 2 (protection for spent cautions) in paragraph 2(1)(e) (meaning of “ancillary circumstances”: things done in connection with a rehabilitation programme)—
a for “warning under section 65” substitute “ youth caution given under section 66ZA ”, and
b for “66(2)” substitute “ 66ZB(2) or (3) ”.

Police and Criminal Evidence Act 1984 (c. 60)

4The Police and Criminal Evidence Act 1984 is amended as follows.
5In section 34(5)(b) (requirement to release without bail unless proceedings may be taken or person may be reprimanded or warned), for the words from “reprimanded” to “65” substitute “ given a youth caution under section 66ZA ”.
6In section 37B(9)(b) (consultation with Director of Public Prosecutions: meaning of “caution”), for “warning or reprimand under section 65” substitute “ youth caution under section 66ZA ”.
7
1 Section 61 (fingerprinting) is amended as follows.
2 In subsection (6) (power to fingerprint without consent in case of conviction etc for recordable offence)—
a at the end of paragraph (a) insert “ or ”,
b for “or” at the end of paragraph (b) substitute “ and ”, and
c omit paragraph (c) and the “and” at the end of that paragraph.
3 In subsection (6ZA)(a) (conditions for application of subsection (6)), for “, cautioned or warned or reprimanded” substitute “ or cautioned ”.
8
1 Section 63 (non-intimate samples) is amended as follows.
2 In subsection (3B) (power to take non-intimate sample without consent in case of conviction etc for recordable offence)—
a at the end of paragraph (a) insert “ or ”,
b for “or” at the end of paragraph (b) substitute “ and ”, and
c omit paragraph (c) and the “and” at the end of that paragraph.
3 In subsection (3BA)(a) (conditions for application of subsection (3B)), for “, cautioned or warned or reprimanded” substitute “ or cautioned ”.
9In section 64ZC(6)(a) (destruction of data relating to a person subject to a control order: persons to be treated as having been convicted of an offence)—
a for “or” at the end of sub-paragraph (i) substitute “ and ”, and
b omit sub-paragraph (ii) and the “and” at the end of that sub-paragraph.
10In section 64ZI(3) (persons to be treated as having been convicted of an offence for the purposes of sections 64ZB and 64ZD to 64ZH) omit paragraph (b) and the “or” preceding that paragraph.
11
1 Schedule 2A (fingerprinting and samples: power to require attendance at police station) is amended as follows.
2 In paragraph 3 (attendance for fingerprinting: persons convicted etc of an offence in England and Wales)—
a in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded” substitute “ or cautioned ”, and
b in sub-paragraph (5) for “, caution or warning or reprimand” substitute “ or caution ”.
3 In paragraph 11 (attendance for taking of non-intimate sample: persons convicted etc of an offence in England and Wales)—
a in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded” substitute “ or cautioned ”, and
b in sub-paragraph (5)(a) for “, caution or warning or reprimand” substitute “ or caution ”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

12In Article 64ZC(6)(a) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (persons to be treated as having been convicted of an offence for the purposes of paragraph (1))—
a for “or” at the end of paragraph (i) substitute “ and ”, and
b omit paragraph (ii) and the “and” at the end of that paragraph.

Jobseekers Act 1995 (c. 18)

13In section 20D(6) of the Jobseekers Act 1995 (meaning of “cautioned” for the purposes of section 20C) omit paragraph (b) and the “or” preceding that paragraph.

Crime and Disorder Act 1998 (c. 37)

14The Crime and Disorder Act 1998 is amended as follows.
15In section 38(4) (meaning of “youth justice services”)—
a for paragraph (aa) substitute—
, and
b in paragraph (b) for “66(2)” substitute “ 66ZB(2) or (3) ”.
16In section 66H (interpretation)—
a in paragraph (a) (definition of “appropriate adult”) for “65(7)” substitute “ 66ZA(7) ”, and
b after paragraph (e) insert—
.
17In section 121(6) (provisions extending to Scotland) omit paragraph (c).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F2718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2719. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2720. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terrorism Act 2000 (c. 11)

21Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
22In paragraph 14F(3) (persons to be treated as having been convicted of an offence for the purposes of paragraphs 14B to 14E) omit paragraph (b) and the “or” preceding that paragraph.
23In paragraph 20F(3) (persons to be treated as having been convicted of an offence for the purposes of paragraphs 20B to 20E) omit “, or has been warned or reprimanded,”.

Criminal Justice and Court Services Act 2000 (c. 43)

24In section 56 of the Criminal Justice and Court Services Act 2000 (young offenders: reprimands and warnings) omit subsection (1).

Sexual Offences Act 2003 (c. 42)

25In section 133(1) of the Sexual Offences Act 2003 (interpretation of Part 2), in the definition of “cautioned” omit paragraph (b) and the “or” preceding that paragraph.

Criminal Justice Act 2003 (c. 44)

26In section 327B(9) of the Criminal Justice Act 2003 (meaning of “cautioned” for the purposes of that section) omit paragraph (b) and the “or” preceding that paragraph.

Childcare Act 2006 (c. 21)

27In section 75(6) of the Childcare Act 2006 (disqualification from registration: interpretation) omit the definition of “caution”.

Criminal Justice and Immigration Act 2008 (c. 4)

28The Criminal Justice and Immigration Act 2008 is amended as follows.
29In section 48(1) (which introduces Schedule 9 to that Act) omit paragraph (b) and the “and” preceding that paragraph.
30In Schedule 9 (alternatives to prosecution for persons under 18) omit paragraph 2.

Counter-Terrorism Act 2008 (c. 28)

31In section 18A(4) of the Counter-Terrorism Act 2008 (persons to be treated as having been convicted of an offence for the purposes of section 18(3B) and (3C)), omit paragraph (b) and the “or” preceding that paragraph.

Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

32In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 10(1)(a) (circumstances when an individual is to be treated as having been convicted of an offence)—
a at the end of sub-paragraph (ii) insert “ or ”, and
b omit sub-paragraph (iv) and the “or” preceding that sub-paragraph.

SCHEDULE 25 

Rehabilitation of offenders: consequential provision

Section 141

Part 1  Rehabilitation of offenders: general

Rehabilitation of Offenders Act 1974: England and Wales

I951The Rehabilitation of Offenders Act 1974 is amended as follows.
I862In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ England and Wales ”.
I893In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ England and Wales ”.
4Omit section 3 (special provision with respect to certain disposals by children's hearings under the Social Work (Scotland) Act 1968).
I845In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ England and Wales ”.
I736
1 Section 7 (limitations on rehabilitation under the Act) is amended as follows.
2 In subsection (2)(a) for “Great Britain” substitute “ England and Wales ”.
3 In subsection (3) for “Great Britain” substitute “ England and Wales ”.
I717Omit section 8(8) (defamation actions: application of section to Scotland).
I788In section 8A(2)(d) (definition of “caution”) after “Wales” insert “ and which is not an alternative to prosecution (within the meaning of section 8AA) ”.
I819
1 Section 9 (unauthorised disclosure of spent convictions) is amended as follows.
2 In subsection (3) omit “(or, in Scotland, the accused person)”.
3 In subsection (8) omit “, in England and Wales,”.
I9110After section 10(1) (orders) insert—
I7611Omit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).

Rehabilitation of Offenders Act 1974: Scotland

I8312The Rehabilitation of Offenders Act 1974 is amended as follows.
I9013In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ Scotland ”.
I9314In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ Scotland ”.
I8215In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ Scotland ”.
I7016
1 Section 7 (limitations on rehabilitation under the Act) is amended as follows.
2 In subsection (2)(a) for “Great Britain” substitute “ Scotland ”.
3 In subsection (3) for “Great Britain” substitute “ Scotland ”.
I7217
1 Section 9 (unauthorised disclosure of spent convictions) is amended as follows.
2 In subsection (3) for “defendant (or, in Scotland, the accused person)” substitute “ accused person ”.
3 Omit subsection (8).

I92 Part 2  Rehabilitation of offenders: consequential repeals

Short titleExtent of repeal
Armed Forces Act 1976 (c. 52)In Schedule 9, paragraph 21.
Criminal Law Act 1977 (c. 45)In section 63(2), the words “Rehabilitation of Offenders Act 1974;”.
In Schedule 12, the entry relating to the Rehabilitation of Offenders Act 1974.
Magistrates' Courts Act 1980 (c. 43)In Schedule 7, paragraph 134.
Armed Forces Act 1981 (c. 55)In Schedule 4, paragraph 2(2).
Criminal Justice Act 1982 (c. 48)In Schedule 14, paragraph 37.
Mental Health (Amendment) Act 1982 (c. 51)In Schedule 3, paragraph 49.
Mental Health Act 1983 (c. 20)In Schedule 4, paragraph 39.
Criminal Justice Act 1988 (c. 33)In Schedule 8, paragraph 9(b).
Children Act 1989 (c. 41)In Schedule 14, paragraph 36(7).
Criminal Justice Act 1991 (c. 53)In section 68, paragraph (c) (but not the word “and” at the end of the paragraph).
In Schedule 8, paragraph 5.
In Schedule 12, paragraph 22(2).
Criminal Justice and Public Order Act 1994 (c. 33)In Schedule 9, paragraph 11.
In Schedule 10, paragraph 30.
Armed Forces Act 1996 (c. 46)Section 13(3) and (4).
Schedule 4.
Crime and Disorder Act 1998 (c. 37)In Schedule 8, paragraph 35.
Youth Justice and Criminal Evidence Act 1999 (c. 23)In Schedule 4, paragraph 6.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)In Schedule 9, paragraph 48(3) to (10).
In Schedule 11, paragraph 13.
Criminal Justice and Court Services Act 2000 (c. 43)In Schedule 7, paragraph 49.
Criminal Justice Act 2003 (c. 44)In Part 1 of Schedule 32, paragraph 18(3).
Armed Forces Act 2006 (c. 52)In Schedule 16, paragraphs 65(4) to (8) and 66.
Criminal Justice and Immigration Act 2008 (c. 4)In Part 1 of Schedule 4, paragraph 21.
In Schedule 10, paragraphs 2 and 5.
Policing and Crime Act 2009 (c. 26)Section 18(2).

SCHEDULE 26 

Knives and offensive weapons: minor and consequential amendments

Section 142

Prevention of Crime Act 1953 (c. 14)

1In section 2(3) of the Prevention of Crime Act 1953 (extent) for “shall not extend to Northern Ireland” substitute “ extends to England and Wales only ”.

Mental Health Act 1983 (c. 20)

2
1 Section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) is amended as follows.
2 Before paragraph (a) insert—
.
3 After paragraph (a) insert—
.

Police and Criminal Evidence Act 1984 (c. 60)

3In section 1(8A) of the Police and Criminal Evidence Act 1984 (power of constable to stop and search persons, vehicles etc) after “139” insert “ or 139AA ”.

Criminal Justice Act 1988 (c. 33)

4The Criminal Justice Act 1988 is amended as follows.
5
1 Section 36(2)(b) (reviews of sentencing) is amended as follows.
2 Before sub-paragraph (i) insert—
.
3 After sub-paragraph (i) insert—
.
6
1 Section 139B (power of entry to search for articles with a blade or point and offensive weapons) is amended as follows.
2 In subsection (1) after “139A” insert “ or 139AA ”.
3 In subsection (4)—
a after “In the application of this section to Northern Ireland” insert
;
b at the end add “, and
7In section 172(3) (provisions extending to Northern Ireland) for “sections 139 to 139B” substitute—
.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

8
1 Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (relevant offences for the purposes of section 17: witnesses eligible for assistance on grounds of fear or distress about testifying) is amended as follows.
2 After paragraph 9 insert—
3 After paragraph 26 insert—

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F859. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8510. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (c 44)

15The Criminal Justice Act 2003 is amended as follows.
F5716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6819. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5720. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5721. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Armed Forces Act 2006 (c. 52)

23The Armed Forces Act 2006 is amended as follows.
24After section 227 (firearms offences) insert—
25In section 237(3) (duty to have regard to purposes of sentencing etc) after paragraph (b) insert
26In section 239 (reduction in sentences for guilty pleas) at the end insert—
27In section 260(1)(b) (discretionary custodial sentences: general restrictions) for “227” substitute “ 227A ”.
28In section 261(3) (length of discretionary custodial sentences: general provision) for “and 227” substitute “ , 227 and 227A ”.
29In section 273(6)(b) (review of unduly lenient sentence by Court Martial Appeal Court) for “or 227” substitute “ , 227 or 227A ”.
30
1 Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows.
2 After sub-paragraph (r) insert—
.
3 In sub-paragraph (ai)—
a after “134” insert “ , 139AA ”;
b after “torture,” insert “ threatening with article with blade or point or offensive weapon, ”.

Coroners and Justice Act 2009 (c. 25)

F12231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 27 

Causing serious injury by dangerous driving: minor and consequential amendments

Section 143

Road Traffic Act 1988 (c. 52)

1In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to 3 for authorised motoring events) after “sections 1,” insert “ 1A, ”.

Road Traffic Offenders Act 1988 (c. 53)

2The Road Traffic Offenders Act 1988 is amended as follows.
3In section 23(1A) (alternative verdicts in Scotland) after paragraph (a) insert—
.
4
1 Section 24 (alternative verdicts: general) is amended as follows.
2 In subsection (A2) after paragraph (a) insert—
.
3 In the table in subsection (1) in the appropriate place insert—
.
5In section 34(4) (disqualification for certain offences) after paragraph (a)(ii) and the “or” after it insert—
.
6In section 36(2)(b) (disqualification until test is passed) after “(causing death by dangerous driving)” insert “ , section 1A (causing serious injury by dangerous driving) ”.
F367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8In section 45A(4) (effect of endorsement of driving records) as substituted by the Road Safety Act 2006—
a after “section 1” insert “ , 1A ”;
b after “causing death by dangerous driving” insert “ , causing serious injury by dangerous driving ”.
9In the table in Schedule 1 (application of provisions including sections 11 and 12(1): evidence as to driver and proof of identity) in the appropriate place insert—

Crime (International Co-operation) Act 2003 (c. 32)

10In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice to foreign authorities of driving disqualification of a non-UK resident) after sub-paragraph (a) insert—
.

Armed Forces Act 2006 (c. 52)

11In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 offences”)—
a after “section 1,” insert “ 1A, ”;
b after “causing death by dangerous driving,” insert “ causing serious injury by dangerous driving, ”.

Footnotes

  1. P1
    S. 151(1) power partly exercised: 1.9.2012 appointed for specified provision by {S.I. 2012/1956}, art. 2;
    S. 151(1) power partly exercised: 1.10.2012 appointed for specified provisions by {S.I. 2012/2412}, art. 2;
    S. 151(1) power partly exercised: 3.12.2012 appointed for specified provisions by {S.I. 2012/2770}, art. 2;
    S. 151(1) power partly exercised: 3.12.2012 appointed for specified provisions and purposes by {S.I. 2012/2906}, art. 2;
    S. 151(1) power partly exercised: 19.1.2013 and 1.4.2013 appointed for specified provisions and purposes by {S.I. 2013/77}, arts. 2, 3
    S. 151(1) power partly exercised: 4.3.2013, 1.4.2013 and 8.4.2013 appointed for specified provisions and purposes by {S.I. 2013/453}, arts. 2, 3, 4 (with savings and transitional provisions in S.I. 2013/534, art. 6);
    S. 151(1) power partly exercised: 1.4.2013 appointed for specified provisions by {S.I. 2013/773}, art. 2;
    S. 151(1) power partly exercised: 14.5.2013 appointed for specified provision by {S.I. 2013/1127}, art. 2
  2. I1
    S. 45 wholly in force at 1.4.2013; s. 45 not in force at Royal Assent, see s. 151(1); s. 45(1)(8) in force at 1.10.2012 by S.I. 2012/2412, art. 2(a); s. 45(2)-(7)(9)-(13) in force for specified purposes at 19.1.2013 and otherwise in force at 1.4.2013 by S.I. 2013/77, arts. 2(1)(b), 3(b)
  3. I2
    S. 141 partly in force; s. 141 not in force at Royal Assent, see s. 151(1); s. 141(7)-(9)(12) in force at 1.10.2012 by S.I. 2012/2412, art. 2(f)
  4. P2
    S. 141(12) power exercised: 1.10.2012 specified as "the commencement date" for the purposes of s. 141(7)-(9) by S.I. 2012/2412, art. 3
  5. I3
    S. 65 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(a) (with art. 3)
  6. I4
    S. 78 partly in force; s. 78 not in force at Royal Assent, see s. 151(1); s. 78(1)(2)(4)-(10) in force and s. 78(3) in force for specified purposes at 3.12.2012 by S.I. 2012/2906, art. 2(a)
  7. I5
    S. 91 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  8. I6
    S. 92 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  9. I7
    S. 93 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  10. I8
    S. 94 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  11. I9
    S. 95 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  12. I10
    S. 96 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  13. I11
    S. 97 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  14. I12
    S. 98 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  15. I13
    S. 99 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  16. I14
    S. 100 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  17. I15
    S. 101 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  18. I16
    S. 102 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  19. I17
    S. 103 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  20. I18
    S. 104 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  21. I19
    S. 105 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  22. I20
    S. 106 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  23. I21
    S. 107 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
  24. I22
    S. 123 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(e) (with art. 6)
  25. I23
    Sch. 12 para. 6 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  26. I24
    Sch. 12 para. 7 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  27. I25
    Sch. 12 para. 8 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  28. I26
    Sch. 12 para. 10 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  29. I27
    Sch. 12 para. 11 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  30. I28
    Sch. 12 para. 12 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  31. I29
    Sch. 12 para. 17 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  32. I30
    Sch. 12 para. 20 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  33. I31
    Sch. 12 para. 21 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  34. I32
    Sch. 12 para. 23 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  35. I33
    Sch. 12 para. 24 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  36. I34
    Sch. 12 para. 25 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  37. I35
    Sch. 12 para. 28 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  38. I36
    Sch. 12 para. 29 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  39. I37
    Sch. 12 para. 31 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  40. I38
    Sch. 12 para. 33 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  41. I39
    Sch. 12 para. 34 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  42. I40
    Sch. 12 para. 35 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  43. I41
    Sch. 12 para. 36 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  44. I42
    Sch. 12 para. 37 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  45. I43
    Sch. 12 para. 38 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  46. I44
    Sch. 12 para. 39 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  47. I45
    Sch. 12 para. 40 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  48. I46
    Sch. 12 para. 41 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  49. I47
    Sch. 12 para. 45 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  50. I48
    Sch. 12 para. 46 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  51. I49
    Sch. 12 para. 47 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  52. I50
    Sch. 12 para. 48 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  53. I51
    Sch. 12 para. 49 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  54. I52
    Sch. 12 para. 50 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  55. I53
    Sch. 12 para. 51 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  56. I54
    Sch. 12 para. 52 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  57. I55
    Sch. 12 para. 53 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  58. I56
    Sch. 12 para. 54 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  59. I57
    Sch. 12 para. 55 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  60. I58
    Sch. 12 para. 56 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  61. I59
    Sch. 12 para. 57 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  62. I60
    Sch. 12 para. 58 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  63. I61
    Sch. 22 para. 3 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(t) (with art. 6)
  64. I62
    Sch. 22 para. 4 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(t) (with art. 6)
  65. I63
    Sch. 22 para. 6 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(t) (with art. 6)
  66. I64
    Sch. 22 para. 7 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(t) (with art. 6)
  67. I65
    Sch. 22 para. 8 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(t) (with art. 6)
  68. I66
    Sch. 22 para. 10 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(t) (with art. 6)
  69. I67
    S. 44 partly in force; s. 44 not in force at Royal Assent, see s. 151(1); s. 44 in force at 19.1.2013 for specified purposes and at 1.4.2013 except in relation to specified proceedings by S.I. 2013/77, arts. 2(1)(a), 3(a) (with art. 4)
  70. I68
    S. 46 partly in force; s. 46 not in force at Royal Assent, see s. 151(1); s. 46 in force at 19.1.2013 for specified purposes and at 1.4.2013 except in relation to specified proceedings by S.I. 2013/77, arts. 2(1)(c), 3(c) (with art. 4)
  71. I69
    S. 38 wholly in force at. 1.4.2013; s. 38 not in force at Royal Assent, see s, 151(1); s. 38(2) in force at 4.3.2013 and s. 38(1)(3)-(6) in force at 1.4.2013 by S.I. 2013/453, arts. 2(a), 3(a)
  72. F1
    Sch. 1 Pt. 1 para. 8A and cross-heading inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748), arts. 1, 3
  73. F2
    Sch. 1 Pt. 1 para. 18(3A)(3B) inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748), arts. 1, 5(2)
  74. F3
    Word in Sch. 1 Pt. 1 para. 18(4) substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748), arts. 1, 5(3)
  75. F4
    Words in Sch. 1 Pt. 1 para. 18(5) inserted (1.4.3003) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748), arts. 1, 5(4)
  76. F5
    Words in Sch. 1 Pt. 1 para. 19(2)(a) substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748), arts. 1, 6
  77. F6
    Sch. 1 Pt. 2 para. 18 inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748), arts. 1, 7
  78. C1
    Sch. 1 Pt. 2 para. 11 restricted (1.4.2013) by The Civil Legal Aid (Connected Matters) Regulations 2013 (S.I. 2013/451), regs. 1, 4
  79. C2
    Sch. 1 Pt. 2 para. 13 restricted (1.4.2013) by The Civil Legal Aid (Connected Matters) Regulations 2013 (S.I. 2013/451), regs. 1, 4
  80. C3
    Sch. 1 Pt. 2 para. 14 restricted (1.4.2013) by The Civil Legal Aid (Connected Matters) Regulations 2013 (S.I. 2013/451), regs. 1, 4
  81. F7
    Words in s. 57(4) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 114(1), 122(3), Sch. 18 para. 138(2) (with Sch. 20); S.I. 2013/423, art. 2, Sch.
  82. F8
    Words in s. 58(1)(3)(c)(d) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 114(1), 122(3), Sch. 18 para. 138(3)(a) (with Sch. 20); S.I. 2013/423, art. 2, Sch.
  83. F9
    Word in s. 58 heading substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 114(1), 122(3), Sch. 18 para. 138(3)(b) (with Sch. 20); S.I. 2013/423, art. 2, Sch.
  84. F10
    Words in s. 59(1) table substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 114(1), 122(3), Sch. 18 para. 138(4)(a) (with Sch. 20); S.I. 2013/423, art. 2, Sch.
  85. F11
    Words in s. 59(2) table substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 114(1), 122(3), Sch. 18 para. 138(4)(b) (with Sch. 20); S.I. 2013/423, art. 2, Sch.
  86. F12
    Words in s. 102(7)(a) inserted (26.4.2013) by Crime and Courts Act 2013 (c. 22). {ss. 19(2)}, 61(5) (with s. 19(6)(7))
  87. F13
    Words in s. 102(7)(b) substituted (26.4.2013) by Crime and Courts Act 2013 (c. 22). {ss. 19(3)}, 61(5) (with s. 19(6)(7))
  88. F14
    S. 102(7A)(7B) inserted (26.4.2013) by Crime and Courts Act 2013 (c. 22). {ss. 19(4)}, 61(5) (with s. 19(6)(7))
  89. F15
    S. 102(7C)-(7J) inserted (26.4.2013) by Crime and Courts Act 2013 (c. 22). {ss. 19(5)}, 61(5) (with s. 19(6)(7))
  90. F16
    Sch. 1 Pt. 1 para. 33(7A) inserted (1.8.2023) by The Civil Legal Aid (Housing and Asylum Accommodation) Order 2023 (S.I. 2023/147), arts. 1(4), 2(3)(b)
  91. I70
    Sch. 25 para. 16 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  92. I71
    Sch. 25 para. 7 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  93. F17
    Words in Sch. 1 para. 39(3) inserted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 20(b)
  94. F18
    Words in s. 101(5)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(6)(b)(ii), 208(5)(t)
  95. F19
    Words in s. 42(1) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(3)(b)
  96. C4
    S. 79 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  97. F20
    Sch. 18 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  98. I72
    Sch. 25 para. 17 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  99. F21
    Words in s. 101(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(6)(c)(ii), 208(5)(t)
  100. F22
    Sch. 12 paras. 42-44 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  101. F23
    Sch. 19 paras. 3-7 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  102. F24
    S. 98(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(3)(b), 208(5)(t)
  103. F25
    Words in Sch. 1 Pt. 1 para. 32(8) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 10; S.I. 2015/1476, reg. 2(j)
  104. F26
    Words in s. 99(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(4)(c)(i), 208(5)(t)
  105. I73
    Sch. 25 para. 6 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  106. C5
    Ss. 13-20 applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 29(1)(b) (with art. 3)
  107. C6
    S. 85 applied (with modifications) (27.5.2015 for E. for specified purposes, 27.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 5 para. 37(3)(a); S.I. 2015/965, art. 2(b); S.I. 2015/1333, art. 2(a); S.I. 2015/1630, art. 3(h) (with art. 8)
  108. F27
    Sch. 24 paras. 18-20 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  109. F28
    Words in Sch. 5 Pt. 2 repealed (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(3)(e)(ii), 139(4)
  110. C7
    S. 64 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  111. F29
    Sch. 1 para. 32A and cross-heading inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), ss. 47(2), 61(1); S.I. 2015/1476, reg. 2(f)
  112. F30
    Words in s. 143(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  113. C8
    S. 85(1) excluded (with effect in accordance with s. 198(5) of the amending Act) by Finance Act 2014 (c. 26), ss. 174(5), 198(1) (with Sch. 29)
  114. F31
    Words in s. 128(6) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(9)(c)(i), 10(4)
  115. F32
    Words in Sch. 6 para. 1(8) substituted (N.I.) (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 11 (with ss. 2(3), 9, Sch. 1 paras. 3(3)); S.R. 2015/193, art. 2(e)
  116. F33
    Words in Sch. 1 Pt. 3 para. 6(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 289(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  117. C9
    S. 85 applied (with modifications) (cond.) (30.1.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 33(9), 45(3)(b) (with s. 46(1)(2))
  118. F34
    Sch. 1 Pt. 1 para. 44 omitted (31.12.2020) by virtue of The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/505), regs. 1(1), 3(5) (with regs. 8, 9) (as amended by S.I. 2020/1493, regs. 1(1), 7(2)-(4)): 2020 c. 1, Sch. 5 para. 1(1)
  119. C10
    S. 85 applied (with modifications) (cond.) (13.3.2014) by Children and Families Act 2014 (c. 6), ss. 137(2)(4), 139(1)
  120. I74
    S. 141(1)-(6)(10)(11) in force at 10.3.2014 by S.I. 2014/423, art. 2(b) (with arts. 3, 4)
  121. F35
    Sch. 20 para. 13 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  122. I75
    S. 46 in force at 6.4.2016 in so far as not already in force except in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma and publication and privacy proceedings by S.I. 2016/345, art. 2
  123. C11
    S. 85 applied (with modifications) (cond.) (1.7.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 36(3), 45(1)(b)(iv); S.I. 2014/1236, art. 2(2)(a) (with art. 3)
  124. C12
    Sch. 1 Pt. 1 modified (24.3.2022) by The Early Legal Advice Pilot Scheme Order 2022 (S.I. 2022/397), arts. 1(1), 3(1), Sch. para. 1(2) (with arts. 3(2), 4)
  125. C13
    S. 85(1) excluded (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), regs. 1(1), 2(1), Schs. 1 (with reg. 5(1))
  126. F36
    Sch. 27 para. 7 repealed (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 1 Table 1
  127. C14
    S. 80 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  128. I76
    Sch. 25 para. 11 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  129. F37
    Sch. 21 paras. 21-28 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  130. F38
    Sch. 1 Pt.1 para 45A and cross-heading inserted (13.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 1(2)(a), 52(1)
  131. F39
    Sch. 13 paras. 9-11 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  132. C15
    S. 85 applied (with modifications) (cond.) (30.1.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 30(10), 45(3)(b) (with s. 46(1)(2))
  133. F40
    Word in Sch. 1 Pt. 3 para. 6(d) omitted (25.5.2024) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Order 2024 (S.I. 2024/715), arts. 1(1), 2(2)(a)
  134. F41
    S. 91(4A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(2), 208(5)(t)
  135. F42
    Words in s. 94(8) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 285(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  136. F43
    Words in s. 128(6) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 25(4); S.I. 2015/778, art. 3, Sch. 1 para. 72
  137. C16
    S. 87 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  138. I77
    S. 87 in force at 28.5.2014 by S.I. 2014/1291, art. 2(c)
  139. F44
    Sch. 1 Pt. 1 para. 33(8A) inserted (1.8.2023) by The Civil Legal Aid (Housing and Asylum Accommodation) Order 2023 (S.I. 2023/147), arts. 1(4), 2(3)(c)
  140. F45
    Words in s. 101(7) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(6)(d), 208(5)(t)
  141. F46
    Words in s. 98(4) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(3)(c), 208(5)(t)
  142. I78
    Sch. 25 para. 8 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  143. F47
    Sch. 1 Pt. 3 para. 5A inserted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 26(a)
  144. I79
    S. 44 in force at 6.4.2016 in so far as not already in force except in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma and publication and privacy proceedings by S.I. 2016/345, art. 2
  145. C17
    S. 122 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  146. C18
    S. 109 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  147. F48
    Words in s. 102(2)(d) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 287 (with Sch. 27); S.I. 2020/1236, reg. 2
  148. F49
    Words in s. 94(4)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(2)(a) (with s. 25(3)(4))
  149. C19
    S. 85(11) modified (27.5.2015 for E. for specified purposes, 27.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 5 para. 37(3)(a); S.I. 2015/965, art. 2(b); S.I. 2015/1333, art. 2(a); S.I. 2015/1630, art. 3(h) (with art. 8)
  150. F50
    Sch. 20 para. 3 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  151. F51
    Words in s. 128(2)(c) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 46(a)
  152. F52
    S. 66 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  153. F53
    Sch. 4 para. 4(11A)(11B) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 31 (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(o)
  154. F54
    Words in s. 99(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(4)(a), 208(5)(t)
  155. F55
    Words in s. 100(4) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(5)(c), 208(5)(t)
  156. F56
    Words in s. 128(6) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(9)(c)(ii), 10(4)
  157. F57
    Sch. 26 paras. 16-22 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  158. F58
    S. 65(1)-(9) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  159. F59
    Sch. 1 Pt. 1 para. 33(1A) inserted (1.8.2023) by The Civil Legal Aid (Housing and Asylum Accommodation) Order 2023 (S.I. 2023/147), arts. 1(4), 2(3)(a)
  160. F60
    Sch. 1 Pt. 1 para. 30(1) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 20(a); 2020 c. 1, Sch. 5 para. 1(1)
  161. F61
    Sch. 23 para. 14(3) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 29; S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
  162. F62
    Sch. 9 para. 20 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  163. I80
    S. 85(1)(2)(4) in force at 12.3.2015 by S.I. 2015/504, art. 2
  164. F63
    Words in s. 101(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(6)(c)(i), 208(5)(t)
  165. F64
    Sch. 5 paras. 43-45 repealed (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(3)(e)(i), 139(4)
  166. F65
    S. 128(2)(ba) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 25(2); S.I. 2015/778, art. 3, Sch. 1 para. 72
  167. I81
    Sch. 25 para. 9 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  168. F66
    Words in s. 128(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 288(2) (with Sch. 27); S.I. 2020/1236, reg. 2
  169. F67
    Ss. 69-74 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  170. I82
    Sch. 25 para. 15 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  171. C20
    S. 57 modified (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 110(2)
  172. F68
    Sch. 26 para. 19 omitted (11.12.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 23(2); S.I. 2013/2981, art. 2(d)
  173. F69
    Sch. 1 Pt. 3 para. 6(f) and word inserted (25.5.2024) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Order 2024 (S.I. 2024/715), arts. 1(1), 2(2)(b)
  174. C21
    S. 68 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  175. F70
    S. 109(7) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  176. F71
    S. 77 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  177. F72
    Words in s. 101(5)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(6)(b)(i), 208(5)(t)
  178. F73
    Sch. 21 para. 36 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  179. F74
    S. 68(1)-(5) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  180. F75
    Sch. 5 para. 71 repealed (31.12.2020) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64(2), Sch. 3 para. 9 (with ss. 52(3), 53, 58); S.I. 2020/1535, reg. 3(e)
  181. F76
    Words in Sch. 1 Pt. 1 para. 18 heading substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 28(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
  182. F77
    S. 117(9) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  183. F78
    S. 87(1)(2) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  184. F79
    Words in s. 59(1) table omitted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 96 (with arts. 106, 110)
  185. F80
    Words in s. 33(7) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  186. F81
    Words in s. 128(6) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 46(b)(ii)(a)
  187. F82
    Words in Sch. 1 Pt. 1 para.38 cross-heading inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 87(3); S.I. 2015/820, reg. 3(q)(x)
  188. F83
    Words in s. 98(3)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(4) (with s. 25(3)(4))
  189. F84
    Words in s. 94(8) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 285(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  190. F85
    Sch. 26 paras. 9-14 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  191. I83
    Sch. 25 para. 12 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  192. F86
    S. 128(3)(ab) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 25(3); S.I. 2015/778, art. 3, Sch. 1 para. 72
  193. F87
    Words in s. 99(7) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(4)(d), 208(5)(t)
  194. F88
    S. 124 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  195. C22
    S. 85 applied (with modifications) (cond.) (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 12; S.I. 2014/2370, art. 3
  196. I84
    Sch. 25 para. 5 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  197. I85
    S. 86 in force at 28.5.2014 by S.I. 2014/1291, art. 2(b)
  198. I86
    Sch. 25 para. 2 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  199. I87
    S. 85(3)(5)-(13)(15)-(17) in force at 28.5.2014 by S.I. 2014/1291, art. 2(a)
  200. F89
    S. 109(4) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  201. F90
    Sch. 1 Pt. 1 para. 15A and cross-heading inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 87(2); S.I. 2015/1428, art. 2(c)(iv)
  202. F91
    S. 102(4)(za) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(7)(a), 208(5)(t)
  203. F92
    S. 128(3)(aa) inserted (29.6.2022) by Criminal Justice and Courts Act 2015 (c. 2), ss. 11(3), 95(1); S.I. 2022/716, art. 2
  204. F93
    S. 80(1)-(8) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  205. F94
    S. 67 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  206. F95
    Sch. 10 para. 38(2)(b) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  207. F96
    S. 64(1)-(3) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  208. F97
    S. 102(5)(za) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(7)(b), 208(5)(t)
  209. F98
    Sch. 22 paras. 14-16 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  210. F99
    S. 128(3)(ba) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(9)(b), 10(4)
  211. I88
    S. 44 in force at 6.4.2019 in relation to publication and privacy proceedings by S.I. 2018/1287, art. 2
  212. F100
    Sch. 9 paras. 2-12 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  213. I89
    Sch. 25 para. 3 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  214. F101
    S. 128(2)(bb) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(9)(a)(i), 10(4)
  215. F102
    Words in s. 99(5)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(4)(b)(i), 208(5)(t)
  216. C23
    Act applied (with modifications) (31.12.2020) by The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018 (S.I. 2018/1125), regs. 1, 8; 2020 c. 1, Sch. 5 para. 1(1)
  217. F103
    Words in s. 24(3)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  218. F104
    Words in s. 94(8) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 285(c) (with Sch. 27); S.I. 2020/1236, reg. 2
  219. F105
    Sch. 1 Pt. 1 para. 1A and cross-heading inserted (1.5.2023) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(2)(a), 4(2)
  220. F106
    Words in s. 33(4)(b)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  221. F107
    S. 100(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(5)(b), 208(5)(t)
  222. F108
    Words in Sch. 1 Pt. 1 para. 30(4) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 20(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
  223. F109
    Words in s. 128(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 288(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  224. F110
    Word in Sch. 1 Pt. 1 para. 30(1)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(4)
  225. F111
    Sch. 14 para. 3 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  226. F112
    Sch. 5 paras. 52-54 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  227. F113
    Words in s. 99(10) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 286 (with Sch. 27); S.I. 2020/1236, reg. 2
  228. F114
    Words in s. 36(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  229. F115
    S. 100(1)(aa) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(5)(a), 208(5)(t)
  230. C24
    S. 91 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 91(10) (with reg. 91(11))
  231. F116
    Sch. 13 para. 12 omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 30(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 25
  232. F117
    Words in s. 107(1) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(6) (with s. 25(3)(4))
  233. F118
    S. 102(2)(aa) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 29; S.I. 2015/778, art. 2(1)(c)
  234. F119
    Sch. 1 Pt. 1 para. 33(9) substituted (1.8.2023) by The Civil Legal Aid (Housing and Asylum Accommodation) Order 2023 (S.I. 2023/147), arts. 1(4), 2(3)(d)
  235. F120
    Sch. 5 para. 69 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  236. F121
    Sch. 1 Pt. 1 para. 45B and cross-heading inserted (20.12.2023) by National Security Act 2023 (c. 32), ss. 61, 100(1) (with s. 97); S.I. 2023/1272, reg. 2(b)
  237. F122
    Sch. 26 para. 31 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  238. F123
    S. 79(1)(2) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  239. I90
    Sch. 25 para. 13 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  240. C25
    Pt. 3 Ch. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 91(10) (with reg. 91(11))
  241. F124
    S. 122(1)(2) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  242. F125
    Words in s. 143(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 25(2)
  243. F126
    S. 98(1)(aa) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(3)(a), 208(5)(t)
  244. F127
    Words in s. 33(7) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  245. F128
    Words in Sch. 3 para. 2(2)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(5)
  246. C26
    S. 85 applied (with modifications) (cond.) (30.1.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 35(10)(a), 45(3)(b) (with s. 46(1)(2))
  247. C27
    S. 141(12) power fully exercised: 10.3.2014 appointed as “the commencement date” by S.I. 2014/423, art. 4
  248. F129
    Words in s. 32(3)(a)(ii) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(2)(b)
  249. F130
    Words in s. 94(8) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(2)(b) (with s. 25(3)(4))
  250. F131
    Words in Sch. 6 para. 2(4)(b)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  251. F132
    Sch. 1 Pt. 3 para. 22A inserted (13.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 1(2)(b), 52(1)
  252. F133
    Words in s. 99(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(4)(c)(ii), 208(5)(t)
  253. F134
    Words in s. 128(6) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 46(b)(ii)(b)
  254. F135
    Words in s. 95(4)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(3) (with s. 25(3)(4))
  255. C28
    S. 65 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with Sch. 1 para. 31); S.I. 2012/1236, reg. 2
  256. I91
    Sch. 25 para. 10 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  257. F136
    Sch. 21 paras. 7-15 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  258. F137
    Words in s. 103(1) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 30; S.I. 2015/778, art. 2(1)(c)
  259. I92
    Sch. 25 Pt. 2 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  260. F138
    Words in s. 128(2)(c) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(9)(a)(ii), 10(4)
  261. F139
    Words in s. 100(3)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(5) (with s. 25(3)(4))
  262. F140
    Words in s. 128(2)(bb) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 46(a)
  263. F141
    Sch. 21 para. 34 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  264. F142
    S. 110(10) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  265. F143
    Words in s. 99(5)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(4)(b)(ii), 208(5)(t)
  266. F144
    S. 107(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 289
  267. C29
    S. 139(1)(4) modified by 1997 c. 50, s. 113(6F) (as inserted (29.5.2013) by The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2013 (S.I. 2013/1200), arts. 1(1), 4)
  268. F145
    Words in Sch. 6 para. 2(7) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  269. F146
    Sch. 1 Pt. 1 para. 31A inserted (25.10.2019) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019 (S.I. 2019/1396), arts. 1, 2(2)
  270. F147
    Word in Sch. 1 para. 39(3) omitted (17.3.2016) by virtue of The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 20(a)
  271. F148
    Words in Sch. 1 Pt. 3 para. 8(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 289(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  272. F149
    Words in s. 10(3)(a)(ii) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(2)(a)
  273. F150
    Words in s. 42(1) inserted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(3)(a)
  274. F151
    Words in Sch. 1 Pt. 1 para. 17 heading substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 28(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
  275. F152
    S. 87(5)-(7) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  276. F153
    Word in Sch. 1 Pt. 3 para. 17 substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 21(2)(b)(i); S.I. 2021/373, art. 8(j)(xxxvi)
  277. I93
    Sch. 25 para. 14 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  278. F154
    Sch. 13 para. 8 omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 30(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 25
  279. F155
    Words in Sch. 6 para. 2(7) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  280. F156
    Ss. 145-147 repealed (1.10.2013) by Scrap Metal Dealers Act 2013 (c. 10), ss. 19(1)(f), 23(2); S.I. 2013/1966, art. 3(r) (with art. 5)
  281. I94
    S. 139 in force at 10.3.2014 by S.I. 2014/423, art. 2(a) (with art. 3)
  282. C30
    S. 85 applied (with modifications) (cond.) (13.3.2014) by Children and Families Act 2014 (c. 6), ss. 137(2)(3), 139(1)
  283. I95
    Sch. 25 para. 1 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)
  284. F157
    Ss. 81-84 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  285. F158
    S. 76 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  286. F159
    Words in s. 128(6) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 46(b)(i)
  287. F160
    Sch. 19 paras. 10-24 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  288. F161
    Words in Sch. 1 Pt. 1 para. 30(4) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 20(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
  289. F162
    Words in Sch. 1 Pt. 1 para. 1(1)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 289(2) (with Sch. 27); S.I. 2020/1236, reg. 2
  290. F163
    Words in s. 101(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 157(6)(a), 208(5)(t)
  291. C31
    S. 85 applied (with modifications) (cond.) (4.4.2014 for specified purposes) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 11 para. 5(2)(a); S.I. 2014/900, art. 2(e)
  292. C32
    S. 85 applied (with modifications) (cond.) (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 9 para. 4(9); S.I. 2015/841, art. 3(u)
  293. F164
    S. 128(3)(aaa) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 132(12)(b), 208(4)(p)
  294. F165
    S. 102(11) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 45
  295. F166
    Words in Sch. 1 Pt. 1 para. 38(1) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 87(4); S.I. 2015/820, reg. 3(q)(x)
  296. F167
    Word in Sch.1 Pt. 3 para. 8(c) omitted (17.7.2015) by virtue of Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(3)(b); S.I. 2015/1428, art. 2(c)(v)
  297. F168
    Sch. 1 Pt. 1 para. 6(3)(o)-(s) insertted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(b)(iv)
  298. F169
    Sch. 1 Pt. 3 para. 8(e) and word inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(3)(b); S.I. 2015/1428, art. 2(c)(v)
  299. F170
    Sch. 1 Pt. 1 para. 34(3)(a)(b) substituted for words (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 20(2)(b); S.I. 2015/1272, art. 2, Sch. para. 53
  300. F171
    Words in Sch. 2 para. 2(3) substituted (22.4.2014) by the Crime and Courts Act 2013 (c. 22), Sch. 9, Pt. 3 para 52; S.I. 2014/954, art. 2(c)
  301. F172
    Sch. 1 Pt. 1 para. 34(1)(c) inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 20(2)(a); S.I. 2015/1272, art. 2, Sch. para. 53
  302. F173
    Words in Sch.1 Pt. 1 para. 19(10) omitted (22.10.2014) by virtue of Immigration Act 2014 (c. 22), Sch. 9 para. 6; S.I. 2014/2771, art. 2(e)
  303. F174
    Word in Sch. 1 Pt. 3 para. 6(c) repealed (17.7.2015) by Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(2)(a); S.I. 2015/1428, art 2(c)(v)
  304. F175
    Words in Sch. 1 Pt. 1 para. 6(3)(h) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(b)(ii)
  305. F176
    Words in Sch. 1 Pt. 1 para. 6(3) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I.2015/914), art. 1(2), Sch. para. 96(b) (with arts. 1(3), 3)
  306. F177
    Words in Sch. 1 Pt. 3 para. 13 substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 47(3); S.I. 2015/1476, art. 2(f)
  307. F178
    S. 128(2)(bza) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 132(12)(a), 208(4)(p)
  308. F179
    Words in s. 59(2) table omitted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 96 (with arts. 106, 110)
  309. F180
    Words in Sch. 1 Pt. 1 para. 6(3) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I.2015/914), art. 1(2), Sch. para. 96(a) (with arts. 1(3), 3)
  310. F181
    Sch. 1 Pt. 3 para. 6(c)(d) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(2)(c)
  311. F182
    Sch. 1 Pt. 1 para. 13(1)(g) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 9(12)(b); S.I. 2014/889, art. 4(a)
  312. F183
    Words in Sch. 1 Pt.1 para. 2(1)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), Sch. 3 para. 96(a); S.I. 2014/889, art. 7(a)
  313. F184
    Sch. 1 Pt. 1 para. 6(3)(a)-(d) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(b)(i)
  314. F185
    Words in Sch. 1 Pt. 1 para. 12 substituted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), Sch. 1 para. 15
  315. F186
    Sch. 1 Pt. 1 para. 1(1)(k)(j) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(a)
  316. F187
    Words in Sch. 1 Pt. 3 para. 7 substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 26(b)
  317. F188
    Sch. 1 Pt. 3 para. 6(e) and word inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(2)(b); S.I. 2015/1428, art 2(c)(v)
  318. F189
    Sch. 1 Pt. 1 para. 6(3)(k)(m) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(b)(iii)
  319. F190
    Words in Sch. 1 Pt. 3 para. 5 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), Sch. 9 para. 52; S.I. 2014/954, art. 2(c)
  320. F191
    Sch. 1 Pt. 3 para. 17(c) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(4)(c)
  321. F192
    Words in Sch. 1 Pt. 3 para. 7(c) substituted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(3)
  322. F193
    Word in Sch.1 Pt.1 para 2(1)(b) substituted by (1.9.2014) by Children and Families Act 2014 (c. 6), Sch. 3 para. 96(b); S.I. 2014/889, art. 7(a)
  323. F194
    Word in Sch. 1 Pt. 3 para.. 17(b) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(4)(b)
  324. F195
    Sch. 1 Pt. 1 para. 12(9)(xvi) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 9(12)(a); S.I. 2014/889, art. 4(a)
  325. F196
    Words in Sch. 1 Pt. 1 para. 13(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), Sch. 2 para. 70; S.I. 2014/889, art. 4(f)
  326. F197
    Word in Sch. 1 Pt. 3 para. 13 inserted (25.10.2019) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019 (S.I. 2019/1396), arts. 1, 2(3)
  327. F198
    Sch. 1 Pt. 3 para. 8(a) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(c)
  328. F199
    Sch.1 Pt. 3 para. 6(aa) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(2)(b)
  329. F200
    Word in Sch. 1 Pt. 3 para. 6(a) omitted (16.12.2014) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(2)(a)
  330. F201
    Words in Sch. 1 Pt. 1 para. 36(1) substituted (23.3.2015) by Anti Social Behaviour, Crime and Policing Act 2014 (c. 12), Sch. 11 para. 49(1)(2); S.I. 2015/373, art. 4(f)(xi) (with ss. 21, 33, 42, 58, 75, 93)
  331. F202
    S. 128(3)(aza) inserted (3.4.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 60(2)(a), 81(2); S.I. 2025/441, reg. 2(a)
  332. F203
    S. 128(3)(aaza) inserted (3.4.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 60(2)(b), 81(2); S.I. 2025/441, reg. 2(a)
  333. F204
    Words in Sch. 1 Pt. 1 para. 11 heading substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(2)
  334. F205
    Words in Sch. 1 Pt. 1 para. 11(1A) inserted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(2)(a)
  335. F206
    Sch. 1 Pt. 1 para. 11(1A)(ba)(bb) inserted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(2)(d)
  336. F207
    Words in Sch. 1 Pt. 1 para. 11(1A)(b) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(2)(c)
  337. F208
    Words in Sch. 1 Pt. 1 para. 12 heading substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(3)(a)
  338. F209
    Words in Sch. 1 Pt. 1 para. 12(9) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(3)(b)
  339. F210
    Words in Sch. 1 Pt. 1 para. 12(1)(a) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(3)(a)
  340. F211
    Words in Sch. 1 Pt. 1 para. 12(1)(b) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(3)(a)
  341. F212
    Words in Sch. 1 Pt. 1 para. 12(6) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(3)(a)
  342. F213
    Sch. 1 Pt. 1 para. 28 heading substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(4)(a)
  343. F214
    Sch. 1 Pt. 1 para. 28(1) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(4)(b)
  344. F215
    Sch. 1 Pt. 1 para. 28(4) omitted (21.5.2025) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(4)(c)
  345. F216
    Words in Sch. 1 Pt. 1 para. 28(5) omitted (21.5.2025) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(4)(d)(i)
  346. F217
    Words in Sch. 1 Pt. 1 para. 28(5) inserted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(4)(d)(iii)
  347. F218
    Words in Sch. 1 Pt. 1 para. 28(5) omitted (21.5.2025) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(4)(d)(iv)
  348. F219
    Words in Sch. 1 Pt. 1 para. 28(5) inserted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(4)(d)(ii)
  349. F220
    Words in Sch. 1 Pt. 1 para. 29(1)(c) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(5)(a)
  350. F221
    Words in Sch. 1 Pt. 1 para. 29(4) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(5)(b)
  351. F222
    Words in Sch. 1 Pt. 1 para. 29 heading substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 3(5)(a)
  352. F223
    Sch. 1 Pt. 3 para. 6(ea) inserted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(4)(a)(i)
  353. F224
    Words in Sch. 1 Pt. 3 para. 6(f) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(4)(a)(ii)
  354. F225
    Sch. 1 Pt. 3 para. 7(ba) substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(4)(b)
  355. F226
    Sch. 1 Pt. 1 para. 11(3A)-(3C) substituted for Sch. 1 Pt. 1 para. 11(3A) (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(3)
  356. F227
    Sch. 1 Pt. 1 para. 11(1A)(bc)-(g) substituted for Sch. 1 Pt. 1 para. 11(1A)(c) (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(2)(e)
  357. F228
    Words in Sch. 1 Pt. 1 para. 11(1A)(a) omitted (21.5.2025) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(2)(b)(i)
  358. F229
    Words in Sch. 1 Pt. 1 para. 11(1A)(a) inserted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 4(2)(b)(ii)
  359. F230
    Sch. 1 Pt. 1 para. 11(1A) inserted (27.11.2024) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(3), 4(3)(a); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4)
  360. F231
    Words in Sch. 1 Pt. 1 para. 2(1)(a) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 21(2)(a)(i); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
  361. F232
    Sch. 1 Pt. 3 para. 17(a) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 21(2)(b)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
  362. F233
    Sch. 20 para. 7 omitted (for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by virtue of Sentencing Act 2026 (c. 2), ss. 33(13)(a), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4