The Legal Advice and Assistance (Scope) (Amendment) Regulations 1997

• Citation: S.I. 1997/997
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Scope) (Amendment) Regulations 1997 and shall come into force:

(a) as to regulation 3(2), on 1st June 1997;

(b) as to the remainder of the Regulations, on 1st April 1997.

Section 2 Interpretation

In these Regulations a reference to any regulation by number alone means the regulation so numbered in the Legal Advice and Assistance (Scope) Regulations 1989 , and a reference to the Schedule means the Schedule to those regulations.

Section 3 Amendments to the Legal Advice and Assistance (Scope) Regulations 1989

(1) In regulation 7(3), for the words from “the hearing of” to “Magistrates' Courts Act 1980” there shall be substituted “committal proceedings”.

(2) For regulation 7(4) there shall be substituted the following:—

(4) Part III also applies to ABWOR given to a party to proceedings in a magistrates' court where he is before the court as a result of a failure—

(a) to pay a fine or other sum which he was ordered to pay; or

(b) to obey an order of the court,

and such failure is likely to lead to his being at risk of a term of imprisonment being fixed in his case (whether at the hearing for which ABWOR is given or subsequently).

Section 4 Amendments to the Legal Advice and Assistance (Scope) Regulations 1989

After regulation 9(c) there shall be inserted the following:—

(d) to a person serving a sentence of detention during Her Majesty’s pleasure whose case is referred to the Parole Board under section 32(2) or 39(4) of the Criminal Justice Act 1991 .

Section 5 Amendments to the Legal Advice and Assistance (Scope) Regulations 1989

In paragraph 2(d) of the Schedule, after “section 43” there shall be inserted “or 47”.

Section 6 Revocation

The Legal Advice and Assistance (Scope) (Amendment) Regulations 1995 shall be revoked.