The Criminal Legal Aid (Amendment) Regulations 2018

• Citation: S.I. 2018/587
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Criminal Legal Aid (Amendment) Regulations 2018 and come into force on 12th June 2018.

Section 2 Amendments to the Criminal Legal Aid (General) Regulations 2013

(1) Regulation 12 (prescribed conditions) of the Criminal Legal Aid (General) Regulations 2013 is amended as follows.

(2) In paragraph (2)(d)(iii), after “Category A Prisoner” insert “or as a Restricted Status Prisoner”.

(3) At the end of paragraph (2)(d)(iv), omit “or”.

(4) In paragraph (2)(d)(v), after “within a prison;” insert “or”.

(5) After paragraph (2)(d)(v), insert—

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

(6) After paragraph (3)(za), insert—

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

(7) After paragraph (3)(a), insert—

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

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

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

Section 3 Amendments to the Criminal Legal Aid (Financial Resources) Regulations 2013

(1) Regulation 7 (advocacy assistance for individuals in prison) of the Criminal Legal Aid (Financial Resources) Regulations 2013 is amended as follows.

(2) At the end of paragraph (1)(b), omit “or”.

(3) In paragraph (1)(c), after “Category A Prisoner” insert “or as a Restricted Status Prisoner; or”.

(4) After paragraph (1)(c), insert

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

(5) For paragraph (3), substitute—

(3) In this regulation—

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

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

“inmate” means a person who is required to be detained in a young offender institution,

“Restricted Status Inmate” means an inmate whose escape would present a serious risk to the public, and

“Restricted Status Prisoner” means a prisoner whose escape would present a serious risk to the public.

Section 4 Transitional provision

The amendments made by these Regulations do not apply to matters in which a determination under section 15 (advice and assistance for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is made before 12th June 2018.