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The Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement and application

    2. 2.Revocations

    3. 3.Interpretation

    4. 4.Forms

    5. 5.Applicants reaching the age of 16

    6. 6.Exclusion of solicitors and counsel

    7. 7.Determination in private and in absence of legally assisted person etc.

    8. 8.Legal aid records

    9. 9.Area committees and powers of Area Directors

    10. 10.General power to grant legal aid

  3. PART II APPLICATIONS FOR LEGAL AID

    1. 11.Proceedings in magistrates' courts

    2. 12.Notification of refusal of legal aid by a magistrates' court

    3. 13.Determination of contribution where legal aid is refused by a magistrates' court

    4. 14.Renewal of application

    5. 15.Application for review

    6. 16.Procedure on application for review

    7. 17.Determination of review

    8. 18.Proceedings in the Crown Court

    9. 19.Notification of refusal of legal aid

    10. 20.Determination of contribution where legal aid is refused

    11. 21.Renewal of application

    12. 22.Proceedings in the Court of Appeal or the House of Lords

  4. PART III STATEMENT OF MEANS AND PAYMENT OF CONTRIBUTIONS

    1. 23.Statement of means

    2. 24.Provision of information

    3. 25.Determination of contributions

    4. 26.Assessment of resources and method of determining contributions

    5. 27.Contribution orders

    6. 28.Earlier contribution orders

    7. 29.Payment of contributions

    8. 30.Method of payment of contributions

    9. 31.Change in financial circumstances

    10. 32.Determination where no contribution previously payable

    11. 33.Redetermination of contribution

    12. 34.Effect of error or mistake

    13. 35.Variation and revocation of contribution orders

    14. 36.Refusal to pay contribution

    15. 37.Termination of contribution period

    16. 38.Disposal of sums received from legally assisted persons after conviction

    17. 39.Repayment of contributions

  5. PART IV LEGAL AID ORDERS

    1. 40.Legal aid orders

    2. 41.Withdrawal and revocation of legal aid orders

    3. 42.Notes of evidence and depositions

    4. 43.Transfer of documents

  6. PART V LEGAL REPRESENTATION

    1. 44.Nature of representation

    2. 45.Assignment of solicitor and selection of counsel

    3. 46.Assignment of solicitor or counsel for the Court of Appeal or the House of Lords

    4. 47.Assignment of counsel only

    5. 48.Assignment of Queen’s Counsel and two counsel

    6. 49.Assignment of one solicitor or counsel to more than one legally assisted person

    7. 50.Amendment of legal aid orders

    8. 51.Applications for amendment of legal aid orders etc.

    9. 52.Renewal to area committee of application for amendement of legal aid order etc.

    10. 53.Consideration by area committee

  7. PART VI AUTHORITY TO INCUR COSTS AND RESTRICTIONS ON PAYMENT OF LEGAL REPRESENTATIVES

    1. 54.Power of area committee to authorise expenditure

    2. 55.Restriction on payment

  8. PART VII CARE PROCEEDINGS

    1. 56.Application of Parts I to VI

    2. 57.Scope of care proceedings

    3. 58.Interpretation

    4. 59.Statement of means and contributions

    5. 60.Applications for emergency orders

    6. 61.Proceedings before a juvenile court

    7. 62.Proceedings in the Crown Court

  9. Signature

    1. SCHEDULE 1

      REGULATIONS REVOKED

    2. SCHEDULE 2

      FORMS

        Form 1.

        Application for Legal Aid in Criminal Proceedings Magistrates or Crown Court

        Form 2.

        Notification of Refusal to grant Legal Aid and determination of Contribution

    3. SCHEDULE 3

      DETERMINATION OF DISPOSABLE INCOME AND DISPOSABLE CAPITAL

      1. 1.General

      2. 2.Paragraph 1(1) and (2) above and the provisions of this...

      3. 3.Where it appears to the proper officer that the person...

      4. 4.Disposable income

      5. 5.(1) Where the person concerned receives the profits from any...

      6. 6.In computing disposable income, there shall be disregarded—

      7. 7.In computing disposable income there shall be deducted–

      8. 8.(1) In computing disposable income there shall be a deduction...

      9. 9.Where the person concerned is not a householder, there shall...

      10. 10.(1) Subject to sub-paragraph (2) below, in computing disposable income,...

      11. 11.Where the person concerned is making and, throughout such period...

      12. 12.In computing disposable income, there shall be a deduction in...

      13. 13.Where the person concerned is required to, or may reasonably,...

      14. 14.In computing the income from any source, there shall be...

      15. 15.Disposable capital

      16. 16.In computing the capital of the person concerned, there shall...

      17. 17.Except where it is reasonable in the circumstances so to...

      18. 18.Save in exceptional circumstances, no sum shall be included in...

      19. 19.In computing the amount of the capital of the person...

      20. 20.In computing the capital of the person concerned, there may...

    4. SCHEDULE 4

      CONTRIBUTIONS

      1. Contributions from disposable income

      2. Contributions from disposable capital

  11. Explanatory Note

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