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The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1997

Type Statutory-Instrument
Publication 1997-08-07
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 7th August 1997

Laid before Parliament: 13th August 1997

Coming into force: 8th September 1997

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988[^f00001], hereby makes the following Regulations:—

Citation and commencement

1

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1997 and shall come into force on 8th September 1997.

2

The following shall be inserted after regulation 44(3)(a) of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989[^f00002]:—

or, (b) in the case of proceedings under section 9 of the Extradition Act 1989[^f00003] or paragraph 6 of Schedule 1 to that Act, where the court is of the opinion that, because of circumstances which make the proceedings unusually grave or difficult, representation by both solicitor and counsel would be desirable.

Signed

Irvine of Lairg, C. — Dated 7th August 1997

Explanatory note

(This note is not part of the Regulations)

Section 158 of the Criminal Justice and Public Order Act 1994 changes the procedure for extradition hearings before magistrates to one similar to that for summary trials. These Regulations make consequential amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 in order to allow defendants to be represented at such hearings by counsel where appropriate.

Footnotes

[^f00001]: 1988 c. 34; sections 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”.

[^f00002]: S.I. 1989/344; the only relevant amendment is S.I. 1991/1925.

[^f00003]: 1989 c. 33, as amended by the Criminal Justice and Public Order Act 1994 (c. 33) section 158.

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