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Criminal Defence Service (Advice and Assistance) Bill [H.L.]

This is the Criminal Defence Service (Advice and Assistance) Bill [H.L.], as introduced in the House of Lords on 7th December 2000.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Lord Chancellor's Department, are published separately as HL Bill 1- EN.


EUROPEAN CONVENTION ON HUMAN RIGHTS

The Lord Bach has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Criminal Defence Service (Advice and Assistance) Bill [H.L.] are compatible with the Convention rights.


 
  
Criminal Defence Service (Advice and Assistance) Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES
Clause 
1.Extent of duty to fund advice and assistance.
2.Short title and commencement.
 


 

 
 
A

B I L L

TO

Clarify the extent of the duty of the Legal Services Commission under section 13(1) of the Access to Justice Act 1999.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Extent of duty to fund advice and assistance.     1. In section 13(1) of the Access to Justice Act 1999 (duty of Legal Services Commission to fund advice and assistance as part of Criminal Defence Service), for paragraph (b) and the words after it substitute-
 
 
    "(b) in prescribed circumstances, for individuals who-
 
      (i) are not within paragraph (a) but are involved in investigations which may lead to criminal proceedings,
 
      (ii) are before a court or other body in such proceedings, or
 
      (iii) have been the subject of such proceedings;
 
    and the assistance which the Commission may consider appropriate includes assistance in the form of advocacy."
Short title and commencement.     2. - (1) This Act may be cited as the Criminal Defence Service (Advice and Assistance) Act 2001.
 
      (2) This Act comes into force on 2nd April 2001.
 
 

 
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