Criminal Defence Service Act 2006

Grant of rights to representation

1

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Rights to representation: financial eligibility

2

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Rights to representation: contribution orders

3

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Consequential amendments

4

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Subsection (3) applies to the following enactments—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) paragraph 5(7) of Schedule 6 to that Act (local authority residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases), and

• (e) paragraph 5A(6) of that Schedule (foster parent residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases).

• (3) In each of the enactments to which this subsection applies—

• (a) in paragraph (a) (right to representation funded by the Legal Services Commission as part of the Criminal Defence Service withdrawn because of conduct), after “conduct” there is inserted “ or because it appeared that his financial resources were such that he was not eligible to be granted such a right ”, and

• (b) for “or” at the end of that paragraph there is substituted—

(aa) he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible to be granted a right to it; or

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Short title, commencement and extent

5

• (1) This Act may be cited as the Criminal Defence Service Act 2006.

• (2) This Act, except this section, shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

• (3) The Lord Chancellor may by order made by statutory instrument make such transitional provision or savings as he thinks fit in connection with the coming into force of any provision of this Act.

• (4) This Act extends to England and Wales only.

Rights to representation: financial eligibility

Rights to representation: financial eligibility

Rights to representation: contribution orders

Consequential amendments

Short title, commencement and extent

Editorial notes

[^c2087628]: S. 5(2) power fully exercised: 2.10.2006 appointed by {S.I. 2006/2491}, art. 2

[^key-b51cd2be2ad76d0f71f5a7bb213271b9]: S. 4(2)(a)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 53; S.I. 2012/2906, art. 2(j) (with art. 7(2)(h)(3)); S.I. 2012/2906, art. 2(j) (with art. 7(2)(h)(3))

[^key-0970ee5ccdd46d5191ce0e1515d4f33f]: Ss. 1-3 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

[^key-e17f8326b4f128295c4c823edf1afe36]: S. 4(1) repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

[^key-0e8dab179c50d9d4b1aeec23df153e96]: S. 4(2)(c) modified (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

[^key-b7a7898a3323826f126892f660757935]: S. 4(2)(c) 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

Short title, commencement and extent