The Criminal Legal Aid (General) Regulations 2013

Made: 9th January 2013

Laid before Parliament: 14th January 2013

Coming into force: 1st April 2013

In making these Regulations, in accordance with section 15(3)[^f00003] of that Act, the Lord Chancellor has had regard, in particular, to the interests of justice.

PART 1 — Interpretation and General

Citation and commencement

1

These Regulations may be cited as the Criminal Legal Aid (General) Regulations 2013 and come into force on 1st April 2013.

Interpretation

2

In these Regulations—

• “the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

• “constable” means a member of a police force, an officer of the British Transport Police Force, an officer of Revenue and Customs and any other official who has a power of arrest by virtue of their office;

• “criminal legal aid” means advice, assistance and representation made available under sections 13, 15 and 16 of the Act;

• “Financial Resources Regulations” means the Criminal Legal Aid (Financial Resources) Regulations 2013;

• “provider” means a person with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements) for the provision of criminal legal aid;

• “representation order” means a document which records a determination under section 16 of the Act (representation for criminal proceedings);

• “Unit of Work” has the meaning given in paragraph 1.3 of the Specification to the 2025 Standard Crime Contract;

• “2025 Standard Crime Contract” means the contract so named between the Lord Chancellor and providers for the provision of criminal legal aid.

Disregarding determinations

3

A determination may be disregarded if made in response to an application made otherwise than in accordance with these Regulations.

Delegation

4

A function of the Lord Chancellor or Director[^f00005] under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor or Director respectively[^f00006].

Reporting duty

5

• (1) Notwithstanding the relationship between an individual and the provider or any privilege arising out of that relationship, where the provider knows or suspects that the individual—

• (a) has failed without good reason to comply with a requirement to provide information or documents; or

• (b) in providing such required information or documents has made a statement or representation knowing or believing it to be false,

the provider must immediately report the relevant circumstances to the Director.

• (2) The withdrawal of a determination does not affect a provider’s right to remuneration for work done prior to the date on which a determination is withdrawn under these Regulations unless the provider has failed without good reason to comply with the reporting requirements in paragraph (1).

Transfer of documents

6

• (1) This regulation applies where an individual—

• (a) is sent ... for trial to the Crown Court; or

• (b) appeals or seeks permission to appeal from a lower court to a higher court.

• (2) An officer of the lower court must ensure that the following documents are sent from the lower court to the higher court—

• (a) a copy of any representation order made in the proceedings; and

• (b) a copy of any application for a representation order in relation to the proceedings which has been refused.

PART 2 — Advice and assistance for individuals in custody

General

7

This Part makes provision about the making of determinations by the Director under section 13 of the Act (advice and assistance for individuals in custody).

Applications

8

An application for initial advice and initial assistance must be made—

• (a) to the Defence Solicitor Call Centre established by the Lord Chancellor under section 2 of the Act (arrangements); and

• (b) in accordance with the requirements set out in the 2025 Standard Crime Contract for the Unit of Work which is the subject of the application.

PART 3 — Criminal proceedings

Criminal proceedings

9

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

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

• (b) proceedings under sections 14B, 14D, 14G, 14H, 21B and 21D of the Football Spectators Act 1989[^f00007] in relation to banning orders and references to a court;

• (c) proceedings under section 5A of the Protection from Harassment Act 1997[^f00008] in relation to restraining orders on acquittal;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) proceedings in relation to parenting orders made under section 8(1)(b) of the Crime and Disorder Act 1998 where an order under section 330 of the Sentencing Code or a sexual harm prevention order under section 103A of the Sexual Offences Act 2003 or Chapter 2 of Part 11 of the Sentencing Code is made;

• (fa) proceedings under sections 342H and 342I of the Sentencing Code in relation to serious violence reduction orders;

• (g) proceedings under section 366 of the Sentencing Code in relation to parenting orders made on the conviction of a child;

• (h) proceedings under section 9(5) of the Crime and Disorder Act 1998 or section 374 of the Sentencing Code to discharge or vary a parenting order made as set out in sub-paragraph (f) or (g);

• (i) proceedings under section 366(10) of the Sentencing Code in relation to an appeal against a parenting order made as set out in sub-paragraph (f) or (g);

• (j) proceedings under section 368 of the Sentencing Code in relation to parenting orders for failure to comply with orders under section 90 of that Code;

• (ja) proceedings in a youth court (or on appeal from such a court) in relation to the breach or potential breach of a provision of an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 where the person who is subject to the injunction is aged under 14;

• (k) proceedings under sections 80, 82, 83 and 84 of the Anti-social Behaviour, Crime and Policing Act 2014 in relation to closure orders made under section 80(5)(a) of that Act where a person has engaged in, or is likely to engage in behaviour that constitutes a criminal offence on the premises;

• (ka) proceedings under paragraph 3 of Schedule 2 to the Female Genital Mutilation Act 2003 in relation to female genital mutilation protection orders made other than on conviction and related appeals;

• (kb) proceedings under paragraph 6 of Schedule 2 to the Female Genital Mutilation Act 2003 in relation to female genital mutilation protection orders made under paragraph 3 of that Schedule;

• (l) proceedings under sections 20, 22, 26 and 28 of the Anti-social Behaviour Act 2003[^f00016] in relation to parenting orders—

• (i) in cases of exclusion from school; or

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

• (m) proceedings under sections 97, 100 and 101 of the Sexual Offences Act 2003[^f00017] in relation to notification orders and interim notification orders;

• (n) proceedings under sections 103A, 103E, 103F and 103H of the Sexual Offences Act 2003 or sections 345, 350 and 353 of the Sentencing Code in relation to sexual harm prevention orders;

• (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (p) proceedings under sections 122A, 122D, 122E and 122G of the Sexual Offences Act 2003 in relation to sexual risk orders;

• (q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (r) proceedings under section 13 of the Tribunals, Courts and Enforcement Act 2007[^f00020] on appeal against a decision of the Upper Tribunal in proceedings in respect of—

• (i) a decision of the Financial Conduct Authority;

• (ia) a decision of the Prudential Regulation Authority;

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

• (iii) a decision of a person in relation to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008[^f00021] or the Banking Act 2009[^f00022];

• (s) proceedings before the Crown Court or the Court of Appeal in relation to serious crime prevention orders under sections 19, 20, 21 and 24 of the Serious Crime Act 2007[^f00023];

• (t) proceedings under sections 100, 101, 103, 104 and 106 of the Criminal Justice and Immigration Act 2008[^f00024] in relation to violent offender orders and interim violent offender orders;

• (u) proceedings under sections 26, 27 and 29 of the Crime and Security Act 2010[^f00025] in relation to—

• (i) domestic violence protection notices; or

• (ii) domestic violence protection orders; ...

• (ua) proceedings under sections 14(1)(b) and (c), 15 and 20 to 22 of the Modern Slavery Act 2015 in relation to slavery and trafficking prevention orders;

• (ub) proceedings under sections 23 and 27 to 29 of the Modern Slavery Act 2015 in relation to slavery and trafficking risk orders, and

• (uc) proceedings under Part 2 of the Offensive Weapons Act 2019 in relation to a knife crime prevention order or an interim knife crime prevention order;

• (ud) proceedings under sections 1, 4, 5 and 7 of the Stalking Protection Act 2019 in relation to stalking protection orders and interim stalking protection orders, ...

• (ue) a hearing under section 26(2)... of the Domestic Abuse Act 2021 in relation to breach of a domestic abuse protection notice;

• (uf) proceedings under section 31(3), (5) and (6) of the Domestic Abuse Act 2021 in relation to domestic abuse protection orders, including an application to vary or discharge an order made under those sections and related appeals under section 46(3) or (4) of the Act;

• (ufa) proceedings under section 44(2)(b) of the Domestic Abuse Act 2021, in relation to the variation or discharge of a domestic abuse protection order in a case where that court could make a domestic abuse protection order under section 31(3), (5) or (6), and related appeals under section 46(4) of that Act;

• (ug) proceedings under sections 21, 28 or 29 of the Public Order Act 2023 in relation to a serious disruption prevention order; ...

• (uh) proceedings in the High Court concerning a release decision of the Parole Board, which have been referred under section 32ZAA of the Crime (Sentences) Act 1997 or section 256AZBA of the Criminal Justice Act 2003; and

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

Criminal proceedings: specified individual

10

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

PART 4 — Advice and assistance for criminal proceedings

General

11

• (1) This Part makes provision about the making and withdrawal of determinations by the Director under section 15 of the Act (advice and assistance for criminal proceedings).

• (2) Prescribed advice and assistance is to be made available to an individual described in section 15(2) of the Act if—

• (a) the conditions prescribed in regulation 12 are met; and

• (b) the Director has determined that the individual qualifies for advice and assistance in accordance with these Regulations (and has not withdrawn the determination).

• (3) For the purposes of this regulation “prescribed advice and assistance” means advice and assistance that is available in accordance with the 2025 Standard Crime Contract.

Prescribed conditions

12

• (1) The conditions set out in paragraph (2) are prescribed for the purposes of section 15(1) of the Act.

• (2) The conditions are that an individual must—

• (a) be the subject of an investigation which may lead to criminal proceedings;

• (b) be the subject of criminal proceedings;

• (c) require advice and assistance regarding an appeal or potential appeal against the outcome of any criminal proceedings or an application to vary a sentence;

• (d) require advice and assistance regarding—

• (i) the application of the provisions in Chapter 6 of Part 12 of the Criminal Justice Act 2003 or in Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, which determine when a prisoner is either entitled to be released by the Secretary of State or eligible for consideration by the Parole Board for a direction to be released; ...

• (ii) the application of the provisions in Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000, or in section 241 of the Sentencing Code, which determine when an offender is entitled to be released by the Secretary of State;

• (iii) a review of a prisoner’s classification pursuant to rule 7 (classification of prisoners) of the Prison Rules as a Category A Prisoner or as a Restricted Status Prisoner;

• (iv) the application of rule 46 (close supervision centres) of the Prison Rules, which provides for directions by the Secretary of State in relation to a prisoner’s placement in a close supervision centre of a prison; ...

• (v) the application of rule 46A (separation centres) of the Prison Rules, which provides for directions by the Secretary of State in relation to a prisoner’s placement in a separation centre within a prison; or

• (vi) a review of an inmate’s classification pursuant to rule 4 (classification of inmates) of the Young Offender Institution Rules 2000 as a Category A Inmate or Restricted Status Inmate;

• (e) require advice and assistance regarding an application or potential application to the Criminal Cases Review Commission[^f00026];

• (f) require advice and assistance regarding a disciplinary hearing in a prison or young offender institution where—

• (i) the proceedings involve the determination of a criminal charge for the purposes of Article 6(1) of the European Convention on Human Rights; or

• (ii) the governor has exercised the governor’s discretion to allow advice and assistance in relation to the hearing;

• (g) be the subject of proceedings before the Parole Board[^f00027] ...;

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) be a witness in criminal proceedings and require advice and assistance regarding self-incrimination;

• (j) be a volunteer; ...

• (k) be detained under Schedule 7 to the Terrorism Act 2000 [^f00028], or

• (l) be detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

• (3) In this regulation—

• (za) “the Prison Rules” means the Prison Rules 1999;

• (zaa) “Category A Inmate” means an inmate whose escape would be highly dangerous to the public, the police or national security, and for whom the aim is to make escape impossible;

• (zb) “Category A Prisoner” means a prisoner whose escape would be highly dangerous to the public, the police or national security, and for whom the aim is to make escape impossible;

• (zc) “close supervision centre” means any cell or other part of a prison designated by the Secretary of State for holding prisoners who are subject to a direction given under rule 46(1) of the Prison Rules;

• (a) “governor” includes—

• (i) a director approved by the Secretary of State for the purposes of section 85(1)(a) of the Criminal Justice Act 1991(“the 1991 Act”); and

• (ii) a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act,

where the Secretary of State has entered into a contract for the running of a prison under section 84 of the 1991 Act; ...

• (aza) “inmate” means a person who is required to be detained in a young offender institution;

• (azb) “Restricted Status Inmate” means an inmate whose escape would present a serious risk to the public;

• (azc) “Restricted Status Prisoner” means a prisoner whose escape would present a serious risk to the public;

• (aa) “separation centre” means any part of a prison for the time being used for holding prisoners who are subject to a direction under rule 46A(1) of the Prison Rules; and

• (b) “volunteer” means an individual who, for the purposes of assisting with an investigation, without having been arrested—

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

• (ii) accompanies a constable to a police station, customs office or any other such place.

Interests of justice

13

When making a determination under section 15 of the Act, the Director must have regard, in particular, to the interests of justice.

Applications

14

An application for advice and assistance for criminal proceedings must be made—

• (a) in accordance with the requirements of the 2025 Standard Crime Contract for the Unit of Work which is the subject of the application; and

• (b) in a form specified by the Lord Chancellor, in circumstances where the 2025 Standard Crime Contract requires an application form to be completed.

Determinations

15

• (1) The Director must determine whether an individual qualifies under section 15 of the Act for advice and assistance for criminal proceedings in accordance with—

• (a) section 21 of the Act (financial resources) and regulations made under that section[^f00029]; and

• (b) the qualifying criteria set out in the 2025 Standard Crime Contract.

• (2) A determination that an individual qualifies under section 15 of the Act for advice and assistance for criminal proceedings must specify any limitations and conditions to which the determination is subject.