- a suspended sentence order with community requirements
means a suspended sentence order that imposes one or more community requirements within the meaning of section 189(7)(c) of the 2003 Act.”
- Act
includes an Act or Measure of the National Assembly for Wales;
- additional amount
means an amount not exceeding a prescribed percentage of the amount awarded to the claimant by the court (excluding any amount awarded in respect of the claimant's costs).
- administration costs
means costs in connection with the administration of legal aid, including the administration of charges arising under section 25;
- advocacy
means the exercise of a right of audience before a court, tribunal or other person;
- advocacy services
means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
- alternative to prosecution
has the same meaning as in section 8B as that section has effect in the law of Scotland but disregarding subsection (1)(f) of that section.”
- appropriate custodial sentence
means— a in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months;
- appropriate custodial term
means the term determined as such by the court under section 226A or 226B (as appropriate);
- assimilated enforceable right
means a right (as modified from time to time) which forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
- assistance
includes, in particular, assistance in the form of advocacy.
- associated person
means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.”
- authorised person
means a person authorised for the purposes of section 5 or regulations under that section.
- automatic release
means release at the end of the period of 28 days beginning with the date on which the person returns to custody. 4 A person is suitable for automatic release only if the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of that period. 5 The person must be dealt with— a in accordance with section 255B if suitable for automatic release;
- bail in non-extradition proceedings
means bail in criminal proceedings of the kind mentioned in section 1(1)(a),” ““custodial sentence” means a sentence or order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 or any corresponding sentence or order imposed or made under any earlier enactment,” ““imprisonable offence” means an offence punishable in the case of an adult with imprisonment,” ““sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003,” ““violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003,”
- building
includes any structure or part of a structure (including a temporary or moveable structure), and
- Chapter 6
means Chapter 6 of Part 12 of the 2003 Act, as amended by those sections;
- child
means a person under the age of 18.
- civil legal services
has the meaning given in section 8;
- civil proceedings
means proceedings to which rules of court made under the Civil Procedure Act 1997 apply;
- civil servant
means an individual employed in the civil service of the State;
- civil service scheme
means a scheme under section 1 of the Superannuation Act 1972.
- clinical negligence
means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);
- clinical negligence proceedings
means proceedings which include a claim for damages in respect of clinical negligence;
- community or youth rehabilitation order
means— (a) a community order under section 177 of the Criminal Justice Act 2003, (b) a service community order or overseas community order under the Armed Forces Act 2006, (c) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or (d) any order of a kind superseded (whether directly or indirectly) by an order mentioned in paragraph (a), (b) or (c), • “custodial sentence” means— (a) a sentence of imprisonment, (b) a sentence of detention in a young offender institution, (c) a sentence of Borstal training, (d) a sentence of youth custody, (e) a sentence of corrective training, (f) a sentence of detention under se
- compensation scheme
means so much of any scheme as makes provision for payment by way of compensation on or in respect of termination of employment;
- constable
means— a any person who is a constable in any part of Great Britain or who has, under any enactment (including subsection (4) above), the powers of a constable in any part of Great Britain, or b any person who is a prison officer within the meaning of section 117(1) of the Criminal Justice and Public Order Act 1994. 12 A person who is a constable by virtue of subsection (11)(a) has, for the purposes of section 6A, this section and section 6C, all the powers, authority, protection and privileges of a constable in any part of Great Britain in which a person who is the subject of a transit order is for the time being. 6C 1 Where the Scottish Ministers issue a transit order and it is
- Convention rights
has the same meaning as in the Human Rights Act 1998;
- court
means the High Court, the county court or a magistrates' court.
- criminal legal aid
means—
- criminal legal aid work
means the provision under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 of— a advice or assistance described in section 13 or 15 of that Act, or b representation for the purposes of criminal proceedings.”
- criminal proceedings
has the meaning given in section 14;
- custodial sentence
means a sentence or order mentioned in section 222(1) of the Sentencing Code.
- detention
includes detention while the person is being taken from one place to another place within Great Britain. 8 A person may be detained pursuant to a transit order only for as long as is reasonable and necessary to allow the transit to take place. 9 In this section and section 6B “relevant Minister” means— a the Scottish Ministers, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit— i be present only in Scotland, or ii arrive in Scotland before being taken to another part of Great Britain;
- diffuse mesothelioma
has the same meaning as in the Pneumoconiosis etc (Workers' Compensation) Act 1979.
- Discretionary release prisoner
means—
- ea youth caution
has the meaning given by section 66ZA(1);”
- earlier statutory order
means— (a) an order under section 54 of the Children and Young Persons Act 1933 committing the person convicted to custody in a remand home, (b) an approved school order under section 57 of that Act, or (c) any order of a kind superseded (whether directly or indirectly) by an order mentioned in any of paragraphs (c) to (e) of the definition of “relevant order” or in paragraph (a) or (b) above, • “relevant order” means— (a) an order discharging a person conditionally for an offence, (b) an order binding a person over to keep the peace or be of good behaviour, (c) an order under section 1(2A) of the Street Offences Act 1959, (d) a hospital order under Part 3 of the Me
- educational course scheme
means a scheme established by a chief officer of police under section 2A;”
- electronic monitoring condition
means a condition imposed on a child remanded to local authority accommodation for the purpose of securing the electronic monitoring of the child's compliance with conditions imposed under section 93(1) or (5);
- enactment
includes—
- expert report
means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;
- expert witness costs
means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;
- extended sentence certificate
means a certificate was issued under section 28 of the Powers of Criminal Courts Act 1973 (punishment of persistent offenders) stating that an extended term of imprisonment was imposed on the person under that section. 28 1 It is the duty of the Secretary of State to release a person to whom paragraph 27 applies on licence under this paragraph— a in the case of a person falling within paragraph 27(1), as soon as the person has served two-thirds of the sentence;
- extended sentence prisoner
means a prisoner, other than one to whom section 247A of the Criminal Justice Act 2003 applies, who is serving a sentence under section 226A or 226B of the Criminal Justice Act 2003 or section 254, 266 or 279 of the Sentencing Code (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006);
- extradition proceedings
means proceedings under the Extradition Act 2003;
- financial year
means—
- fixed-term prisoner
includes those serving sentence of detention)—
- functions
includes powers and duties;
- further period of supervision
means a period of supervision imposed under section 104(3)(aa) of the Sentencing Act;
- immigration officer
means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971, • “relevant immigration decision” means any decision, or proposed decision, of the Secretary of State or an immigration officer under or by virtue of the Immigration Acts, or rules made under section 3 of the Immigration Act 1971 (immigration rules), in relation to the entitlement of a person to enter or remain in the United Kingdom (including, in particular, the removal of a person from the United Kingdom, whether by deportation or otherwise), • “relevant nationality decision” means any decision, or proposed decision, of the Secretar
- immobilisation device
has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);
- imprisonable offence
means— (a) an offence punishable in the case of an adult with imprisonment, or (b) in relation to an offence of which a child has been accused or convicted outside England and Wales, an offence equivalent to an offence that, in England and Wales, is punishable in the case of an adult with imprisonment;
- initial advice
means advice as to how the law in relation to a matter relevant to the individual's arrest applies in particular circumstances and as to the steps that might be taken having regard to how it applies;
- initial assistance
means assistance in taking any of those steps which the individual might reasonably take while in custody, including assistance in the form of advocacy.
- interest in land
means— (a) an estate or interest in land, and (b) any rights, powers, duties or liabilities of the LSC in connection with such an estate or interest, • but does not include a charge on an estate or interest in land;
- judicial review
means—
- land
includes buildings and other structures.
- legal aid
has the meaning given in section 1;
- legal costs
means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;
- legal person
means a person other than an individual.
- legal proceedings
means proceedings before a court or tribunal;
- legal services
has the meaning given in section 8;
- liable to removal from the United Kingdom
has the meaning given by section 259 of the Criminal Justice Act 2003;
- life sentence
has the same meaning as in section 34 of the Crime (Sentences) Act 1997;
- litigation services
means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.”
- local authority
means— (a) a county council;
- motor vehicle
means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.
- motor vehicle order
means—
- non-monetary claim
means a claim for a benefit other than an amount of money;
- occupational pension scheme
has the same meaning as in the Pension Schemes Act 1993;
- prescribed
means prescribed by regulations (except in Schedule 6) and related terms are to be interpreted accordingly;
- prescribed amount
includes an amount calculated in a prescribed manner.
- Prescribed legal business
means business that involves the provision of legal services to a client, where—
- proceedings
includes any sort of proceedings for resolving disputes (and not just proceedings in court), whether commenced or contemplated.”
- public authority
has the same meaning as in section 6 of that Act.
- public place
has the same meaning as in section 139;
- railway
means— a a railway within the meaning given by section 67(1) of the Transport and Works Act 1992 (interpretation), or b a tramway within the meaning given by that section.”
- recognised badge
has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).
- regulations
means regulations made by the Lord Chancellor (except in Schedule 6);
- rehabilitation programme
means a programme with the purpose of rehabilitating participants and preventing them from re-offending.”
- related offence
means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A. 9 For the purposes of the references in subsections (3) and (5) to the term of imprisonment to which a person has been sentenced (that is to say, the reference to the offender's “sentence”), consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term if— a the sentences were passed on the same occasion, or b where they were passed on different occasions, the person has not been released at any time during the period beginning with the first and ending with the last of those occasions. 10 The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes— a detention pursuant to any custodial sentence;
- relevant civil appeal
means an appeal to the Supreme Court— a from the High Court in England and Wales under Part 2 of the Administration of Justice Act 1969, b from the Court of Appeal under section 40(2) of the Constitutional Reform Act 2005, or c under section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court) other than an appeal from an order or decision made in the exercise of jurisdiction to punish for criminal contempt of court;”
- relevant costs order
means a costs order other than— a an order made by any court under section 17, and b so much of a costs order made by the Supreme Court as relates to expenses, fees, costs, trouble or losses incurred in proceedings in that court. 1C Regulations under subsection (1A) may, in particular— a make different provision in relation to amounts to be paid in respect of different expenses, fees, costs, trouble and losses, b make different provision in relation to different costs orders and different areas, and c make different provision in relation to the fixing of an amount in a costs order and the fixing of an amount by means of a determination.”
- relevant determination
means a determination that is required to be carried out in accordance with this section by—
- relevant foreign offender
means— a an offender directions for whose removal from the United Kingdom have been, or may be, given under— i Schedule 2 to the Immigration Act 1971, or ii section 10 of the Immigration and Asylum Act 1999, or b an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force.”
- relevant immigration decision
means any decision, or proposed decision, of the Secretary of State or an immigration officer under or by virtue of the Immigration Acts, or rules made under section 3 of the Immigration Act 1971 (immigration rules), in relation to the entitlement of a person to enter or remain in the United Kingdom (including, in particular, the removal of a person from the United Kingdom, whether by deportation or otherwise), • “relevant nationality decision” means any decision, or proposed decision, of the Secretary of State under or by virtue of— (a) the British Nationality Act 1981, (b) the British Nationality (Hong Kong) Act 1990, or (c) the Hong Kong (War Wives and Wido
- relevant LSC scheme
means a scheme made or treated as made under paragraph 10(1) of Schedule 1 to the Access to Justice Act 1999;
- relevant Minister
means— a the Scottish Ministers, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit— i be present only in Scotland, or ii arrive in Scotland before being taken to another part of Great Britain;
- relevant nationality decision
means any decision, or proposed decision, of the Secretary of State under or by virtue of— (a) the British Nationality Act 1981, (b) the British Nationality (Hong Kong) Act 1990, or (c) the Hong Kong (War Wives and Widows) Act 1996, in relation to the good character of a person. 3 The references in subsection (2) to the Immigration Acts and to the Acts listed in the definition of “relevant nationality decision” include references to any provision made under section 2(2) of the European Communities Act 1972, or of EU law, which relates to the subject matter of the Act concerned.”
- relevant Northern Ireland Department
means the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland.
- relevant order
means— (a) an order discharging a person conditionally for an offence, (b) an order binding a person over to keep the peace or be of good behaviour, (c) an order under section 1(2A) of the Street Offences Act 1959, (d) a hospital order under Part 3 of the Mental Health Act 1983 (with or without a restriction order), (e) a referral order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000, (f) an earlier statutory order, or (g) any order which imposes a disqualification, disability, prohibition or other penalty and is not otherwise dealt with in the Table or under subsection (3), but does not include a reparation order under section 73 of the Powers of Cri
- relevant penalty offence
means a penalty offence in relation to which there is an approved educational course. 4B The Secretary of State may by regulations make provision about the revocation of penalty notices.”
- Relevant period
means any period which would (but for the repeal of section 67 of the Criminal Justice Act 1967) be a relevant period within the meaning of that section (reduction of sentences by period spent in custody etc). 4 Section 246 applies as if, in subsection (4)— a the reference in paragraph (a) to section 227 or 228 were a reference to section 85 of the Sentencing Act;
- relevant personal information
means any information that relates to, and identifies, a person who has been given a penalty notice with an education option. 7 In this section's application in relation to the Chief Constable of the British Transport Police Force, subsection (1) has effect as if the reference to one or more kinds of penalty offence committed in a chief officer of police's area were a reference to one or more kinds of penalty offence— a committed at, or in relation to, any of the places mentioned in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (places where a constable of the British Transport Police Force has the powers of a constable), or b otherwise
- relevant services
means any of the legal services that the business involves.
- remuneration
includes disbursements;
- representation
means representation for the purposes of proceedings and includes— (a) the advice and assistance which is usually given by a representative in the steps preliminary or incidental to proceedings, and (b) subject to any time limits which may be prescribed, advice and assistance as to any appeal. •...
- school premises
has the same meaning as in section 139A. 6 A person guilty of an offence under this section is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
- section 236A prisoner
means a prisoner, other than one to whom section 247A of the Criminal Justice Act 2003 applies, who is serving a sentence under section 236A of the Criminal Justice Act 2003 or section 265 or 278 of the Sentencing Code (including one imposed as a result of section 224A of the Armed Forces Act 2006);
- section 85 extended sentence
means an extended sentence under section 85 of the Sentencing Act and includes (in accordance with paragraph 1(3) of Schedule 11 to that Act) a sentence under section 58 of the Crime and Disorder Act 1998. 6 In relation to a section 85 extended sentence, “the custodial term” and “the extension period” have the meaning given by that section. 7 References to section 86 of the Sentencing Act include (in accordance with paragraph 1(3) of Schedule 11 to that Act) section 44 of the 1991 Act as originally enacted. 8 A “1967 Act sentence” is a sentence imposed before 1 October 1992. 9 A “1991 Act sentence” is a sentence which is— a imposed on or after 1 October 1992 but before 4 April 2005, or b imposed on or after 4 April 2005 but before the commencement date and is either— i imposed in respect of an offence committed before 4 April 2005, or ii for a term of less than 12 months. 10 A “2003 Act sentence” is a sentence which is— a imposed on or after the commencement date, or b imposed on or after 4 April 2005 but before the commencement date and is both— i imposed in respect of an offence committed on or after 4 April 2005, and ii for a term of 12 months or m
- sentence of imprisonment
includes a sentence of penal servitude (and “term of imprisonment” is to be read accordingly), • “sentence of service detention” means— (a) a sentence of service detention (within the meaning given by section 374 of the Armed Forces Act 2006), or a sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings, or (b) any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (a).”
- sentence of service detention
means— (a) a sentence of service detention (within the meaning given by section 374 of the Armed Forces Act 2006), or a sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings, or (b) any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (a).”
- serious injury
means— a in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and b in Scotland, severe physical injury.”
- sexual offence
means an offence specified in Part 2 of Schedule 18 to the Sentencing Code;
- social security enactment
means—
- speciality provision
means a provision preventing or limiting the prosecution, detention or other restriction of liberty of the person (“P”) for any offence committed before the departure of P from the country or territory from which P has been transferred, other than for the offence in respect of which P has been transferred.”
- specified
means specified in the order concerned.”
- specified Class A drug
has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000;
- specified individual
means— (a) in relation to criminal proceedings mentioned in any of paragraphs (a) to (g) of section 14, an individual mentioned in that paragraph in relation to those proceedings, and (b) in relation to criminal proceedings prescribed by regulations under section 14(h), a description of individual specified in the regulations in relation to those proceedings.
- supervision requirements
means requirements under section 103(6)(b) of that Act. 7 In section 104B of the Sentencing Act, references to a custodial sentence within the meaning of that Act include a custodial sentence within the meaning of this Act.”
- term of imprisonment
includes a determinate sentence of detention under section 91 or 96 of the Sentencing Act or under section 227 or 228 of this Act.””
- terrorism offence
means an offence specified in Part 3 of Schedule 18 to the Sentencing Code;
- terrorist prisoner eligible for discretionary release
means a prisoner to whom section 247A (3) to (5) of the Criminal Justice Act 2003 applies (or would apply but for the prisoner‘s release on licence).
- The 1967 Act
means the Criminal Justice Act 1967. 4 “The 1991 Act” means the Criminal Justice Act 1991. 5 A “section 85 extended sentence” means an extended sentence under section 85 of the Sentencing Act and includes (in accordance with paragraph 1(3) of Schedule 11 to that Act) a sentence under section 58 of the Crime and Disorder Act 1998. 6 In relation to a section 85 extended sentence, “the custodial term” and “the extension period” have the meaning given by that section. 7 References to section 86 of the Sentencing Act include (in accordance with paragraph 1(3) of Schedule 11 to that Act) section 44 of the 1991 Act as originally enacted. 8 A “1967 Act sentence” is a sentence imposed before 1 October 1992. 9 A “1991 Act sentence” is a sentence which is— a imposed on or after 1 October 1992 but before 4 April 2005, or b imposed on or after 4 April 2005 but before the commencement date and is either— i imposed in respect of an offence committed before 4 April 2005, or ii for a term of less than 12 months. 10 A “2003 Act sentence” is a sentence which is— a imposed on or after the commencement date, or b imposed on or after 4 April 2005 but before the commencement date and is bo
- the 1991 Act
means the Criminal Justice Act 1991;
- the 2003 Act
means the Criminal Justice Act 2003.
- the commencement date
means such day as may be specified by order of the Secretary of State made by statutory instrument;
- the commencement day
means the day on which subsection (1) of this section comes into force;
- the Director
means the Director of Legal Aid Casework;
- the estimated recoverable amount
means the aggregate of—
- the final period
means the period— (a) beginning with end of the last financial year for which the Legal Services Commission produced a report and accounts in accordance with paragraphs 14 and 16 of Schedule 1 to the Access to Justice Act 1999, and (b) ending immediately before the day on which subsection (1) comes into force;
- the LSC
means the Legal Services Commission;
- the new provisions
means—
- the relevant authority
means— (a) a prescribed person, or (b) in relation to circumstances for which no person is prescribed, the Director of Legal Aid Casework designated under section 2 of the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014;
- the relevant part
has the meaning given by section 28. 32B 1 This section applies if P, having been removed from prison under section 32A, is removed from the United Kingdom. 2 If P enters the United Kingdom— a P is liable to be detained in pursuance of the sentence from the time of P's entry into the United Kingdom;
- the requisite custodial period
means— (a) in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and (b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).”
- the transfer day
means the day on which section 38(1) comes into force (subject to regulations under sub-paragraph (2));
- transfer scheme
means a scheme made under sub-paragraph (3).
- transit order
means an order issued by the relevant Minister, in respect of a person who has been the subject of a request within subsection (1)(b) or (3)(b), which authorises the detention of that person in any part of Great Britain at any time when that person is in transit. 7 In subsection (6) “detention” includes detention while the person is being taken from one place to another place within Great Britain. 8 A person may be detained pursuant to a transit order only for as long as is reasonable and necessary to allow the transit to take place. 9 In this section and section 6B “relevant Minister” means— a the Scottish Ministers, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit— i be present only in Scotland, or ii arrive in Scotland before being taken to another part of Great Britain;
- violent offence
means murder or an offence specified in Part 1 of Schedule 18 to the Sentencing Code;
- youth offending team
means a team established under section 39 of the Crime and Disorder Act 1998.