UKPGA-2012-10 Legal Aid, Sentencing and Punishment of Offenders Act 2012 UK

The Lord Chancellor must secure that legal aid is made available in accordance with this Part.

In this Part “legal aid” means—

The Lord Chancellor may secure the provision of—

The Lord Chancellor may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of the Lord Chancellor's functions under this Part.

Nothing in this Part affects the powers that the Lord Chancellor has otherwise than under this Part.

The Lord Chancellor may make such arrangements as the Lord Chancellor considers appropriate for the purposes of carrying out the Lord Chancellor's functions under this Part.

The Lord Chancellor may, in particular, make arrangements by—

The Lord Chancellor may by regulations make provision about the payment of remuneration by the Lord Chancellor to persons who provide services under arrangements made for the purposes of this Part.

If the Lord Chancellor makes arrangements for the purposes of this Part that provide for a court, tribunal or other person to assess remuneration payable by the Lord Chancellor, the court, tribunal or person must assess the remuneration in accordance with the arrangements and, if relevant, with regulations under subsection (3).

The Lord Chancellor may make different arrangements, in particular, in relation to—

The Lord Chancellor may set and monitor standards in relation to services made available under this Part.

The Lord Chancellor may, in particular, make arrangements for the accreditation of persons providing, or wishing to provide, such services by—

Arrangements for accreditation must include—

The Lord Chancellor may impose charges in connection with—

Persons authorised by the Lord Chancellor may, in accordance with the terms of their authorisation, impose charges in connection with—

The Lord Chancellor must designate a civil servant as the Director of Legal Aid Casework (“the Director”).

The Lord Chancellor must make arrangements for the provision to the Director by civil servants or other persons (or both) of such assistance as the Lord Chancellor considers appropriate.

The Director must—

But the Lord Chancellor—

The Lord Chancellor must publish any directions and guidance given under this section.

Directions and guidance under this section may be revised or withdrawn from time to time.

The following functions of the Lord Chancellor may be exercised by, or by employees of, a person authorised by the Lord Chancellor for that purpose—

Regulations may provide for a function of the Lord Chancellor under regulations made under this Part to be exercisable by, or by employees of, a person authorised by the Lord Chancellor for that purpose.

The functions conferred on the Director by this Part may be exercised by, or by employees of, a person authorised by the Director for that purpose.

Regulations may provide for a function of the Director under regulations made under this Part to be exercisable by, or by employees of, a person authorised by the Director for that purpose.

A direction given by the Lord Chancellor under section 4 about the carrying out of the Director's functions may, in particular, require the Director—

Regulations under subsection (2) or (4) may provide that a function may be exercised—

An authorisation given for the purposes of this section or regulations under this section may provide that a function may be exercised—

In the case of an authorisation given for the purposes of regulations under this section, subsection (7) is subject to the provisions of the regulations.

An authorisation given for the purposes of section 5 or regulations under that section—

Anything done or omitted to be done by or in relation to a person authorised under section 5(1) or regulations under section 5(2) (or an employee of such a person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by the Lord Chancellor.

Anything done or omitted to be done by or in relation to a person authorised under section 5(3) or regulations under section 5(4) (or an employee of such a person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by the Director.

Subsections (2) and (3)—

Where—the authorised person is entitled to treat the contract as repudiated by the Lord Chancellor (and not as frustrated by reason of the revocation).

In this section “authorised person” means a person authorised for the purposes of section 5 or regulations under that section.

As soon as reasonably practicable after the end of each financial year, the Director must prepare an annual report for the financial year.

The annual report must state how the Director has carried out the functions of the office in the financial year.

The Director must send a copy of the report to the Lord Chancellor.

The Lord Chancellor must—

In this section “financial year” means—

In this Part “legal services” means the following types of services—

The services described in subsection (1) include, in particular, advice and assistance in the form of—

In this Part “civil legal services” means any legal services other than the types of advice, assistance and representation that are required to be made available under sections 13, 15 and 16 (criminal legal aid).

Civil legal services are to be available to an individual under this Part if—

The Lord Chancellor may by order—(whether by modifying that Part or Part 2, 3 or 4 of the Schedule).

Civil legal services other than services described in Part 1 of Schedule 1 are to be available to an individual under this Part if subsection (2) or (4) is satisfied.

This subsection is satisfied where the Director—(and has not withdrawn either determination).

For the purposes of subsection (2), an exceptional case determination is a determination—

This subsection is satisfied where—(and neither determination has been withdrawn).

For the purposes of subsection (4), a wider public interest determination is a determination that, in the particular circumstances of the case, the provision of advocacy under this Part for the individual for the purposes of the inquest is likely to produce significant benefits for a class of person, other than the individual and the members of the individual's family.

For the purposes of this section an individual is a member of another individual's family if—

The Director must determine whether an individual qualifies under this Part for civil legal services in accordance with—

In setting the criteria, the Lord Chancellor—

Those factors are—

In setting the criteria, the Lord Chancellor must seek to secure that, in cases in which more than one form of civil legal service could be provided for an individual, the individual qualifies under this Part for the form of service which in all the circumstances is the most appropriate having regard to the criteria.

The criteria must reflect the principle that, in many disputes, mediation and other forms of dispute resolution are more appropriate than legal proceedings.

Regulations under subsection (1)(b) may provide that no criteria apply in relation to a prescribed description of individual or services.

A determination by the Director that an individual qualifies under this Part for civil legal services must specify—

Regulations may make provision about the making and withdrawal of determinations under sections 9 and 10.

Regulations under subsection (2) may, in particular, include—

The circumstances prescribed under subsection (3)(f) 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.

Regulations under subsection (2) must make provision establishing procedures for the review of determinations under sections 9 and 10 and of the withdrawal of such determinations.

Regulations under subsection (2) may make provision for appeals to a court, tribunal or other person against such determinations and against the withdrawal of such determinations.

Initial advice and initial assistance are to be available under this Part to an individual who is arrested and held in custody at a police station or other premises if the Director has determined that the individual qualifies for such advice and assistance in accordance with this Part (and has not withdrawn the determination).

The Director must make a determination under this section having regard, in particular, to the interests of justice.

A determination under this section must specify the type of advice or assistance (or both) to be available under this Part.

Regulations may make provision about the making and withdrawal of determinations under this section.

Regulations under subsection (4) may, in particular, include—

The circumstances prescribed under subsection (5)(f) 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.

For the purposes of this section, in relation to an individual who is in custody—“initial advice” means advice as to how the law in relation to a matter relevant to the individual's arrest applies in particular circumstances and as to the steps that might be taken having regard to how it applies;“initial assistance” means assistance in taking any of those steps which the individual might reasonably take while in custody, including assistance in the form of advocacy.

The Lord Chancellor may by regulations provide that prescribed advice or assistance is not initial advice or initial assistance for the purposes of this section.

Regulations may provide that prescribed advice and assistance is to be available under this Part to an individual described in subsection (2) if—

Those individuals are—

When making the regulations, the Lord Chancellor must have regard, in particular, to the interests of justice.

The regulations must require the Director to make determinations under the regulations having regard, in particular, to the interests of justice.

The regulations may require the Director to make such determinations in accordance with—

The regulations may make provision about the making and withdrawal of determinations under the regulations.

The regulations may, in particular, include—

The circumstances prescribed under subsection (7)(f) 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.

The regulations may provide for the review of, or appeals to a court, tribunal or other person against, a decision by the Director—

In this section “assistance” includes, in particular, assistance in the form of advocacy.

Representation for the purposes of criminal proceedings is to be available under this Part to an individual if—

Representation for the purposes of criminal proceedings is to be available under this Part to an individual if—

Where an individual qualifies under this Part for representation for the purposes of criminal proceedings (“the principal proceedings”), representation is also to be available to the individual for the purposes of—

Regulations may—

Regulations under subsection (4)(b) may, in particular, make exceptions for proceedings taking place more than a prescribed period of time before or after the principal proceedings.

In this section—“the relevant authority”, in relation to a specified individual and criminal proceedings, means the person who is authorised by or under section 18, 19 or 20 to determine (provisionally or otherwise) whether the individual qualifies under this Part for representation for the purposes of the proceedings;“specified individual” means—in relation to criminal proceedings mentioned in any of paragraphs (a) to (g) of section 14, an individual mentioned in that paragraph in relation to those proceedings, and in relation to criminal proceedings prescribed by regulations under section 14(h), a description of individual specified in the regulations in relation to those proceedings.

The relevant authority must determine whether an individual qualifies under this Part for representation for the purposes of criminal proceedings (whether provisionally or otherwise) in accordance with—

In deciding what the interests of justice consist of for the purposes of such a determination, the following factors must be taken into account—

The Lord Chancellor may by order amend subsection (2) by adding or varying a factor.

Regulations may prescribe circumstances in which making representation available to an individual for the purposes of criminal proceedings is to be taken to be in the interests of justice for the purposes of a determination under section 16.

In this section “the relevant authority”, in relation to an individual and criminal proceedings, means the person who is authorised by or under section 18, 19 or 20 to determine (provisionally or otherwise) whether the individual qualifies under this Part for representation for the purposes of the proceedings.

The Director is authorised to determine whether an individual qualifies under this Part for representation for the purposes of criminal proceedings, except in circumstances in which a court is authorised to make the determination under regulations under section 19.

A determination by the Director under section 16 must specify the criminal proceedings.

Regulations may make provision about the making and withdrawal of determinations by the Director under that section.

Regulations under subsection (3) may, in particular, include—

The circumstances prescribed under subsection (4)(f) 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.

An appeal lies to such court, tribunal or other person as may be prescribed against a decision by the Director that the interests of justice do not require representation to be made available, or to continue to be made available, to an individual under this Part for the purposes of criminal proceedings, subject to subsection (7).

Regulations may provide for exceptions from subsection (6).

This section does not authorise the Director to make a provisional determination and accordingly—

Regulations may—

The regulations may, in particular, include—

The circumstances prescribed under subsection (2)(f) 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.

The regulations must provide that, subject to prescribed exceptions, an appeal lies to such court, tribunal or other person as may be prescribed against a decision by a court that the interests of justice do not require representation to be made available, or to continue to be made available, to an individual under this Part for the purposes of criminal proceedings.

The regulations may include consequential provision modifying an Act or instrument.

Regulations under this section may not authorise a court to make a provisional determination and accordingly—

Regulations may provide that the Director or a court may make a provisional determination that an individual qualifies under this Part for representation for the purposes of criminal proceedings where—

The regulations may, in particular, include—

In this Part, as it applies in connection with a provisional determination made under regulations under this section as to whether an individual qualifies for representation for the purposes of criminal proceedings, references to proceedings include criminal proceedings that may result from the investigation concerned.

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).

Regulations may—

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.

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.

Regulations may make provision about the making and withdrawal of determinations under this section.

Regulations under subsection (5) may, in particular, include—

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.

In this section “relevant determination” means a determination that is required to be carried out in accordance with this section by—

The relevant authority may make an information request to—

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.

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—

An information request made to the Commissioners under this section may request the disclosure of some or all of the following information—

The information that may be prescribed under subsections (3)(f) and (4)(h) includes, in particular, information relating to—

Information may not be prescribed under subsection (4)(h) without the Commissioners' consent.

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.

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—which benefit or benefits the individual is receiving, whether the individual is entitled to the benefit or benefits alone or jointly, in prescribed cases, the amount the individual is receiving by way of the benefit (or each of the benefits) (“the benefit amount”), and 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—a prescribed person, or 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—that individual, and 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.

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.

The regulations may, in particular, provide that in prescribed circumstances an individual must do one or more of the following—

The regulations may, in particular, provide that where—the individual must pay a prescribed amount which may exceed the cost of the civil legal services provided.

The regulations may, in particular, make provision about the determination of the cost of services for the purposes of the regulations.

The regulations may, in particular—

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.

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.

The regulations may, in particular, include provision for an amount to be payable entirely or partly—

The regulations may, in particular, include—

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—

The regulations—

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.

Regulations may make provision about the enforcement of an obligation to make a payment imposed under section 23.

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.

Regulations under this section may, in particular—

Regulations under this section may include provision requiring information and documents to be provided.

Schedule 2 (criminal legal aid: motor vehicle orders) has effect.

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—

Those amounts are—

Regulations may make provision for exceptions from subsection (1).

Regulations may make provision about the charge under subsection (1) including, in particular—

Regulations under subsection (4)(c) may, in particular, include—

Regulations under this section may include provision requiring information and documents to be provided.

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—

In subsection (1) “relevant civil proceedings”, in relation to an individual, means—

Regulations may make provision for exceptions from subsection (1).

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—

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.

Regulations under subsection (5) may, in particular, make provision—

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)).

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.

Regulations under this section may include provision requiring information and documents to be provided.

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.

The Lord Chancellor may discharge that duty, in particular, by arranging for the services to be provided by telephone or by other electronic means.

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).

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).

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.

Regulations may provide that in prescribed circumstances—

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.

Regulations may provide that in prescribed circumstances the Lord Chancellor is not required to make available representation for an individual by a prescribed representative.

Provision made under subsection (8) does not prejudice any right of the individual to select another representative.

The circumstances which may be prescribed under this section include that a determination has been made by a prescribed person.

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—except to the extent that regulations provide otherwise.

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—

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.

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—

The code must include—

The Lord Chancellor must lay the code, and any revision of the code, before Parliament.

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.

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—

Regulations may make provision about the procedure of a court or tribunal in relation to services made available under this Part.

Regulations under subsection (2) may, in particular, authorise the exercise of the functions of a court or tribunal by—

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 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—

The Lord Chancellor may not make an order under subsection (1) or (2) unless the Lord Chancellor considers—

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.

A person to whom such information is disclosed must not—

Subsection (2) does not prevent—

A person who discloses or uses information in contravention of this section is guilty of an offence and liable—

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.

In this section “enactment” includes—

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.

This section applies to information that is provided—

Such information must not be disclosed, subject to the exceptions in section 35.

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.

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.

Proceedings for an offence under this section may not be brought without the consent of the Director of Public Prosecutions.

Nothing in this section applies to information if—

Nothing in this section applies to information to which section 33 applies.

Section 34(2) does not prevent the disclosure of information—

Section 34(2) does not prevent—

Section 34(2) does not prevent the disclosure of—

Section 34(2) does not prevent the disclosure of information for any purpose—

Section 34(2) does not prevent the disclosure of information after the end of the restricted period if—

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).

This section applies where a person—

The person is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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.

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.

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—

The Director is to carry out the functions of the office on behalf of the Crown.

Service as the Director is service in the civil service of the State.

The Lord Chancellor is to be treated as a corporation sole—

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.

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.

The Legal Services Commission ceases to exist.

Schedule 4 (transfer of employees and property etc of Legal Services Commission) has effect.

The Lord Chancellor must, as soon as practicable after subsection (1) comes into force—

The Lord Chancellor must, as soon as practicable after subsection (1) comes into force—

The Comptroller and Auditor General must—

In this section—“the final period” means the period—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 ending immediately before the day on which subsection (1) comes into force;“financial year” means a period of 12 months ending with 31 March.

Schedule 5 (legal aid: consequential amendments) has effect.

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.

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.

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.

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.

Regulations under subsection (4) may not include provision requiring or enabling the Lord Chancellor—

Regulations under this section—

The requirement for regulations under this section to specify or describe a period does not prevent the making of further regulations under this section.

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.

In this section “Act” includes an Act or Measure of the National Assembly for Wales.

Orders, regulations and directions under this Part—

They may, in particular, make provision by reference to—

Orders and regulations under this Part—

Orders and regulations under this Part are to be made by statutory instrument.

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).

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.

Those orders and regulations are—

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.

Where a statutory instrument contains regulations under section 11(1)(b) in respect of which the Lord Chancellor has made an urgency statement—

In reckoning the period of 120 days no account is to be taken of any time—

Where regulations cease to have effect under subsection (9) that does not affect—

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—the advice and assistance which is usually given by a representative in the steps preliminary or incidental to proceedings, and subject to any time limits which may be prescribed, advice and assistance as to any appeal....

In this Part references to proceedings are to be interpreted in accordance with section 20(3).

In section 58 of the Courts and Legal Services Act 1990 (conditional fee agreements), in subsection (2)—

After subsection (4) of that section insert—

In section 58A of that Act (conditional fee agreements: supplementary), in subsection (5) after “section 58(4)” insert “ , (4A) or (4B) ”.

For subsection (6) of that section substitute—

In section 120(4) of that Act (regulations and orders subject to parliamentary approval) after “58(4),” insert “ (4A) or (4B), ”.

The amendment made by subsection (4) does not prevent a costs order including provision in relation to a success fee payable by a person (“P”) under a conditional fee agreement entered into before the day on which that subsection comes into force (“the commencement day”) if—

Section 58AA of the Courts and Legal Services Act 1990 (damages-based agreements) is amended as follows.

In subsection (1) omit “relates to an employment matter and”.

In subsection (2)—

Omit subsection (3)(b).

After subsection (4)(a) insert—.

In subsection (4)(b), at the beginning insert “ if regulations so provide, ”.

In subsection (4)(d) for “has provided prescribed information” substitute “ has complied with such requirements (if any) as may be prescribed as to the provision of information ”.

After subsection (6) insert—

After subsection (7) insert—

After subsection (8) insert—

In the heading of that section omit “relating to employment matters”.

In section 120(4) of that Act (regulations and orders subject to parliamentary approval) for “58AA” substitute “ 58AA(4) ”.

The amendments made by subsections (1) to (11) do not apply in relation to an agreement entered into before this section comes into force.

In the Courts and Legal Services Act 1990, after section 58B insert—

In the Access to Justice Act 1999, omit section 29 (recovery of insurance premiums by way of costs).

The amendments made by this section do not apply in relation to a costs order made in favour of a party to proceedings who took out a costs insurance policy in relation to the proceedings before the day on which this section comes into force.

In the Access to Justice Act 1999, omit section 30 (recovery where body undertakes to meet costs liabilities).

The repeal made by subsection (1) does not apply in relation to a costs order made in favour of a person to whom a body gave an undertaking before the day on which this section comes into force if the undertaking was given specifically in respect of the costs of other parties to proceedings relating to the matter which is the subject of the proceedings in which the costs order is made.

Sections 44 and 46 may not be brought into force in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma until the Lord Chancellor has—

In this section “diffuse mesothelioma” has the same meaning as in the Pneumoconiosis etc (Workers' Compensation) Act 1979.

In section 22 of the Matrimonial Causes Act 1973 (maintenance pending suit)—

After that section insert—

Part 8 of Schedule 5 to the Civil Partnership Act 2004 (maintenance pending outcome of dissolution etc proceedings) is amended as follows.

In the heading of that Part after “Maintenance” insert “ and other payments ”.

Before paragraph 38 insert— “ Maintenance orders ”.

In that paragraph—

After that paragraph insert—

Paragraph 10(1)(a) of Schedule 5 to the Civil Partnership Act 2004 (sale of property orders) is amended as follows.

Omit the “or” at the end of sub-paragraph (i).

After sub-paragraph (ii) insert—.

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—

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.

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).

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—

An order under subsection (4) must provide for the amount to be calculated by reference to one or more of the following—

An order under subsection (4)—

Conditions prescribed under subsection (1)(d) or (4)(d) may, in particular, include conditions relating to—

Orders under this section are to be made by the Lord Chancellor by statutory instrument.

A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Rules of court and orders made under this section may make different provision in relation to different cases.

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.

A regulated person is in breach of this section if—

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—

Section 59 defines “regulated person”.

“Prescribed legal business” means business that involves the provision of legal services to a client, where—

There is a referral of prescribed legal business if—and “relevant services” means any of the legal services that the business involves.

“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.

“Client”—

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).

The relevant regulator must ensure that it has appropriate arrangements for monitoring and enforcing the restrictions imposed on regulated persons by section 56.

A regulator may make rules for the purposes of subsection (1).

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.

Where the relevant regulator is the Financial Conduct Authority, section 58 applies instead of subsections (1) to (3) (and (7) to (9)).

A breach of section 56—

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.

Subsection (8) applies in a case where—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”).

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—and not as a referral fee.

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.

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.

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.

Those provisions include in particular—

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).

The power to make regulations under this section is subject to section 57(5) and (6).

In relation to a referral of business within section 56(4)(a)—

In relation to a referral of prescribed legal business of any other kind—

This section applies to any regulations under sections 56 to 59.

The regulations are to be made by statutory instrument.

The power to make the regulations includes power to make consequential, supplementary, incidental, transitional, transitory or saving provision.

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.

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—.

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.

Schedule 7 (costs in criminal cases) has effect.

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

In section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders against convicted persons), after subsection (2) insert—

In section 175 of the Armed Forces Act 2006 (service compensation orders), after subsection (7) insert—

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In the Armed Forces Act 2006—

In consequence of the amendments made by this section omit—

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Section 241 of the Armed Forces Act 2006 (increase in sentence for aggravation related to disability or sexual orientation) is amended as follows.

In the heading, for “or sexual orientation” substitute “ , sexual orientation or transgender identity ”.

In subsection (2)(a)—

In subsection (2)(b)—

After subsection (5) insert—

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Schedule 9 (changes to powers to make suspended sentence orders: consequential and transitory provision) has effect.

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.

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).

In section 223(3) of that Act (power to amend specified periods of time), omit paragraph (d).

Section 182 of the Armed Forces Act 2006 (general provisions about overseas community orders) is amended as follows.

In subsection (1)(a) (requirements that may be imposed by overseas community orders), after “Act)” insert “ (but see subsection (1A) below) ”.

After subsection (1) insert—

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) ”.

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 ”.

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), ”.

Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas community orders) is amended as follows.

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), ”.

After paragraph 14 insert—

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).

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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.

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.

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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)—

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.

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.

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.

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.

For the purposes of this section—

Nothing in subsection (1) affects—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.

The Secretary of State may by regulations make provision disapplying subsection (1) or (2).

The Secretary of State may by regulations make provision—

Subsection (8) applies in relation to—

The Secretary of State may by regulations make provision—

Regulations under this section may not include provision affecting—and provision made in exercise of a relevant power in reliance on regulations under this section may not include such provision.

Regulations under this section—

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).

Regulations under this section are to be made by statutory instrument.

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.

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.

Powers under this section—

For the purposes of this section, an offence is relevant whether it is a summary offence or an offence triable either way.

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.

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.

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.

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.

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.

Regulations under this section may not specify or describe an amount exceeding whichever is the greater of—

Regulations under this section may not include provision affecting—and provision made in exercise of a relevant power in reliance on regulations under subsection (4) may not include such provision.

Regulations under this section—

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).

Regulations under this section are to be made by statutory instrument.

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.

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.

Powers under this section—

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.

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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 ”.

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 ”.

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Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

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) ”.

In paragraph 37(7) (further steps notice must specify steps that fines officer intends to take) for “intends” substitute “ wishes to be able ”.

After paragraph 37 insert—

In paragraph 38(1) (list of steps referred to)—

In paragraph 39 (powers of court on referrals and appeals)—

In paragraph 40 (implementation of notice)—

After paragraph 40 insert—

In the Criminal Justice Act 2003, omit the following provisions (custody plus and intermittent custody)—

Schedule 10 (amendments consequential on subsection (1)) has effect.

This section applies where—

This section also applies where—

Subject to subsection (4), the court must remand the child to local authority accommodation in accordance with section 92.

The court may instead remand the child to youth detention accommodation in accordance with section 102 where—

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.

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.

In this Chapter, “child” means a person under the age of 18.

References in this Chapter (other than in relation to extradition proceedings) to the remand of a child include a reference to—and related expressions are to be construed accordingly.

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.

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.

A remand to local authority accommodation is a remand to accommodation provided by or on behalf of a local authority.

A court that remands a child to local authority accommodation must designate the local authority that is to receive the child.

That authority must be—

The designated authority must—

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.

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.

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 court remanding a child to local authority accommodation may impose on the designated authority—

A court may only impose a condition under subsection (1) or (2), or a requirement under subsection (3), after consultation with the designated authority.

Where a child has been remanded to local authority accommodation, a relevant court—

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).

A court that imposes conditions on a child under this section or varies conditions so imposed—

In this section “relevant court”—

References in this section to consultation are to such consultation (if any) as is reasonably practicable in all the circumstances of the case.

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).

The first requirement is that the child has reached the age of twelve.

The second requirement is that the offence mentioned in section 91(1), or one or more of those offences, is an imprisonable offence.

The third requirement is that—

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.

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.

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.

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—an offence punishable in the case of an adult with imprisonment, or 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.

References in this Chapter to a child being subject to a custodial remand are to the child being—

The reference in subsection (9) to a child being remanded to local authority accommodation or youth detention accommodation includes—

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).

The first requirement is that the child has reached the age of twelve.

The second requirement is that the offence to which the extradition proceedings relate, or one or more of those offences, is an imprisonable offence.

The third requirement is that—

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.

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.

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.

Where a court imposes an electronic monitoring condition, the condition must include provision making a person responsible for the monitoring.

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.

The Secretary of State may make rules for regulating—

Rules under this section may make different provision for different cases.

Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.

A statutory instrument containing rules under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

A child may be arrested without warrant by a constable if—

Subject to subsection (3), a child arrested under subsection (1) must be brought before a justice of the peace—

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.

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.

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.

Section 91 applies to a child in relation to whom subsection (5) applies as if—

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.

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—

The age condition is that the child has reached the age of twelve.

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.

The offence condition is that the offence mentioned in section 91(1), or one or more of those offences—

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—and that the risks posed by the child cannot be managed safely in the community.

The first legal representation condition is that the child is legally represented before the court.

The second legal representation condition is that the child is not legally represented before the court and—

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—

The age condition is that the child has reached the age of twelve.

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.

The offence condition is that the offence mentioned in section 91(1), or one or more of those offences, is an imprisonable offence.

The first history condition is that—

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.

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—and that the risks posed by the child cannot be managed safely in the community.

The first legal representation condition is that the child is legally represented before the court.

The second legal representation condition is that the child is not legally represented before the court and—

In this Chapter “custodial sentence” means a sentence or order mentioned in section 222(1) of the Sentencing Code.

The reference in subsection (5)(b) to a child being remanded to local authority accommodation or youth detention accommodation includes—

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—

The age condition is that the child has reached the age of twelve.

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.

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—

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—and that the risks posed by the child cannot be managed safely in the community.

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.

The first legal representation condition is that the child is legally represented before the court.

The second legal representation condition is that the child is not legally represented before the court and—

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—

The age condition is that the child has reached the age of twelve.

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.

The offence condition is that the offence to which the extradition proceedings relate, or one or more of those offences, is an imprisonable offence.

The first history condition is that—

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.

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—and that the risks posed by the child cannot be managed safely in the community.

The first legal representation condition is that the child is legally represented before the court.

The second legal representation condition is that the child is not legally represented before the court and—

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.

Those kinds of accommodation are—

A child's detention in one of those kinds of accommodation pursuant to a remand to youth detention accommodation is lawful.

Where a court remands a child to youth detention accommodation, the court must—

A magistrates' court must ensure a reason that it gives under subsection (4)(b)—

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—

That authority must be—

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—

If in a case to which subsection (7)(b) applies—the court is to designate a local authority which it considers appropriate in the circumstances of the case.

Where a child has been remanded to youth detention accommodation, the court—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).

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.

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.

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 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.

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.

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.

Before giving a direction under subsection (1), the Secretary of State must consult the designated authority.

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.

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.

In this Chapter “secure children’s home” means—

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—

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.

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—

Those persons are—

The Secretary of State may make payments to a local authority for the purpose of enabling the authority—

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.

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.

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.

A child who is remanded to youth detention accommodation is to be treated as a child who is looked after by the designated authority.

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.

In this section “Act” includes an Act or Measure of the National Assembly for Wales.

Regulations under this Chapter are to be made by statutory instrument.

Regulations under this Chapter may—

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).

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.

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”—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; 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—a county council; a county borough council; a district council for an area for which there is no county council; a London borough council; the Common Council of the City of London; 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).

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).

In this Chapter, references to a remand to local authority accommodation, and related expressions, are to be construed in accordance with section 92(1).

In this Chapter, references to a child being subject to a custodial remand are to be construed in accordance with section 94(9).

In this Chapter, references to a remand to youth detention accommodation, and related expressions, are to be construed in accordance with section 102(1).

In this Chapter, references to a child who is looked after by a local authority are to be construed—

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).

Omit section 240 of the Criminal Justice Act 2003 (court to direct that remand time be credited towards time served).

Before section 240A of that Act insert—

Section 240A of the Criminal Justice Act 2003 (crediting periods of remand on bail: terms of imprisonment and detention) is amended as follows.

In subsection (2), for “subsection (4)” substitute “ subsections (3A) and (3B) ”.

For subsections (3) to (7) substitute—

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

Omit subsections (9) and (10).

In subsection (11)—

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

In the heading of the section, for “Crediting periods of remand on bail” substitute “ Time remanded on bail to count towards time served ”.

The Criminal Justice Act 2003 is amended as follows.

In section 237(1C) (meaning of “fixed-term prisoner”)—

Section 241 (effect of direction under section 240 or 240A) is amended as follows.

In subsection (1)—

In subsection (1A), for “a direction under section 240 or 240A includes a direction under” substitute “ section 240ZA includes ”.

In the heading, for “direction under section 240 or 240A” substitute “ section 240ZA or direction under section 240A ”.

In section 242 (interpretation of sections 240 to 241), in subsections (1) and (2) and in the heading, for “sections 240” substitute “ sections 240ZA ”.

For section 243(2) (persons extradited to the United Kingdom) substitute—

In section 246 (power to release prisoners early)—

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

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 ”.

In section 330(5) (rules to be subject to affirmative resolution)—

Schedule 13 (crediting of time in custody) has effect.

In consequence of the amendments made by this section, in the Criminal Justice and Immigration Act 2008 omit—

After section 243 of the Criminal Justice Act 2003 insert—

Schedule 14 (amendments consequential on subsection (1)) has effect.

In section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence), subsection (4) is amended as follows.

After paragraph (a) insert—.

In paragraph (g)—

Omit the “or” at the end of paragraph (h) and after that paragraph insert—.

After subsection (4) of that section insert—

In subsection (6) of that section, at the end insert—

After section 254(2) of the Criminal Justice Act 2003 (representations by person recalled) insert—

In section 255(3) of that Act (cancellation of revocation under section 255), for “subsection (2)(b)” substitute “ subsection (2)(a) ”.

For sections 255A to 255D of the Criminal Justice Act 2003 (further release after recall) substitute—

After section 244(1) of that Act (duty to release certain prisoners on licence at half-way point) insert—

In the heading of section 253 of that Act (curfew conditions) after “section 246” insert “ , 255B or 255C ”.

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) ”.

In consequence of the amendments made by this section, omit section 29(2) and (3) of the Criminal Justice and Immigration Act 2008.

The Criminal Justice Act 2003 is amended as follows.

Omit section 248(2) (Secretary of State to consult Board before releasing extended sentence prisoner on compassionate grounds).

In section 256(1) (review by the Board)—

In section 256A (further review)—

In section 260(5) (duties and powers remaining exercisable in relation to persons removed from prison), after “244” insert “ , 247 ”.

In section 261(5) (re-entry to UK of offender removed early: re-release), after “sentence expiry date,” insert.

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.

In section 263(2)(b) (concurrent terms: authority to release), for “section 244” substitute “ section 246 ”.

In section 263(2)(c) (concurrent terms: licence period), for the words “for so long, and subject to such conditions, as is” substitute.

Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence) is amended as follows.

In section 237(1)(b) (“fixed-term prisoner” includes those serving sentence of detention)—

At the end of that section insert—

In section 244(3)(a) (duty to release prisoners: requisite custodial period), after “91” insert “ or 96 ”.

In section 250(4) (licence conditions)—

In section 258 (early release of fine defaulters and contemnors), after subsection (3) insert—

In section 263(4) (concurrent terms)—

In section 264(7) (consecutive terms)—

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

In Part 2 of the Crime (Sentences) Act 1997 (life sentences: release on licence)—

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.

This section repeals certain provisions which have not been commenced.

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).

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).

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)—

In Schedule 8 to the Crime and Disorder Act 1998 (minor and consequential amendments) omit—

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).

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—

In accordance with subsections (1) and (2)—

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.

Schedule 16 (transitional and other provision consequential on this section) has effect.

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.

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

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

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

Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and recall) is amended as follows.

In section 244(1) (duty to release prisoners on licence) (as amended by Schedule 14 to this Act) after “243A” insert “ , 246A ”.

After section 246 insert—

Schedule 20 (release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003) has effect.

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—

“Discretionary release prisoner” means—

An order under this section may—

An order under this section is to be made by statutory instrument.

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.

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—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); 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).

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,”.

After that subsection insert—

In that section, after subsection (5) insert—

After that section insert—

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 ”.

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 ”.

In section 4 of the Prisoners' Earnings Act 1996 (interpretation)—

In section 5 of that Act (short title, commencement and extent), for subsection (3) substitute—

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 ”.

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.

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)—

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—

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.).

In the Repatriation of Prisoners Act 1984, after section 6 insert—

In section 9 of the Repatriation of Prisoners Act 1984 (short title, commencement and extent)—

The Criminal Justice Act 2003 is amended as follows.

In section 22(3A) (conditions that may be attached to a conditional caution) for “by a relevant prosecutor” substitute “ in the condition ”.

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 ”.

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 ”.

In section 23B (variation of conditions by relevant prosecutor) after “A relevant prosecutor” insert “ or an authorised person ”.

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 ”.

Omit sections 65 (reprimands and warning) and 66 (effect of reprimands and warnings) of the Crime and Disorder Act 1998.

Before section 66A of that Act insert—

Schedule 24 (youth cautions: consequential amendments) has effect.

The amendments made by this section and that Schedule do not apply in relation to an offence committed before they come into force.

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.

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.

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.

The Crime and Disorder Act 1998 is amended as follows.

In section 66A(4) (conditions that may be attached to a youth conditional caution) for “by a relevant prosecutor” substitute “ in the condition ”.

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 ”.

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 ”.

In section 66D (variation of conditions by relevant prosecutor) after “A relevant prosecutor” insert “ or an authorised person ”.

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 ”.

The Rehabilitation of Offenders Act 1974 is amended as follows.

In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for “thirty months” substitute “ forty eight months ”.

In the opening words of section 5(1A) (references to provisions of the Armed Forces Act 2006) for “subsection (1)(d)” substitute “ this section ”.

For section 5(2) to (11) (rehabilitation periods) substitute—

In section 6 (subsequent convictions to extend the rehabilitation period applicable to a conviction)—

After section 8A (protection afforded to spent cautions) insert—

In paragraph 1 of Schedule 2 (protection for spent cautions)—

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).

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.

Where by virtue of subsection (2)—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.

Where by virtue of subsection (2)—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.

But—is to cease to be so treated merely because of section 139.

Section 139 does not apply in relation to alternatives to prosecution given before the commencement date.

Section 140 applies in relation to convictions before the commencement date (as well as in relation to convictions on or after that date).

Section 140 applies as mentioned in subsection (7) above whether or not, immediately before the commencement date—

But section 140 does not affect—

Schedule 25 (consequential provision) has effect.

Any reference in this section to section 139 is to be read as including a reference to Schedule 25.

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.