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Legal Aid Act 1988
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- UK Public General Acts
- 1988 c. 34
- Part VII
- Section 39
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Version Superseded: 01/07/1991
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- 01/02/1991- Amendment
- 01/02/1991
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- 21/03/1997- Amendment
- 01/04/2000- Amendment
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Legal Aid Act 1988, Section 39 is up to date with all changes known to be in force on or before 07 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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39 Proceedings for misrepresentation etc.E+W
(1)If any person seeking or receiving advice, assistance or representation under this Act—
(a)intentionally fails to comply with regulations as to the information to be furnished by him, or
(b)in furnishing any information required by regulations knowingly makes any false statement or false representation,
he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both.
(2)Notwithstanding anything in the M1Magistrates’ Courts Act 1980, proceedings in respect of an offence under subsection (1) above may be brought at any time within the period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify a prosecution comes to his knowledge.
(3)Nothing in subsection (2) above shall authorise the commencement of proceedings for an offence at a time more than two years after the date on which the offence was committed.
(4)A county court shall have jurisdiction to hear and determine any action brought by the Board to recover the loss sustained by it on account of its legal aid fund by reason of—
(a)the failure of a person seeking or receiving advice, assistance or representation to comply with regulations as to the information to be furnished by him, or
(b)a false statement or false representation made by such a person in furnishing information for the purposes of this Act,
notwithstanding that the claim in the action is for a greater amount than that which for the time being is the county court limit for the purposes of section 15 of the M2County Courts Act 1984.
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