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Criminal Defence Service Act 2006

2006 CHAPTER 9

An Act to make provision about representation funded as part of the Criminal Defence Service.

[30th March 2006]

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:—

F1 1 Grant of rights to representation

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F1 2 Rights to representation: financial eligibility

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F1 3 Rights to representation: contribution orders

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4 Consequential amendments cross-notes

F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subsection (3) applies to the following enactments—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) paragraph 5(7) of Schedule 6 to that Act (local authority residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases), and

(e) paragraph 5A(6) of that Schedule (foster parent residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases).

(3) In each of the enactments to which this subsection applies—

(a) in paragraph (a) (right to representation funded by the Legal Services Commission as part of the Criminal Defence Service withdrawn because of conduct), after “conduct” there is inserted “ or because it appeared that his financial resources were such that he was not eligible to be granted such a right ” , and

(b) for “or” at the end of that paragraph there is substituted—

“ (aa) he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible to be granted a right to it; or ” .

5 Short title, commencement and extent P1

(1) This Act may be cited as the Criminal Defence Service Act 2006.

(2) This Act, except this section, shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) The Lord Chancellor may by order made by statutory instrument make such transitional provision or savings as he thinks fit in connection with the coming into force of any provision of this Act.

(4) This Act extends to England and Wales only.

Status: There are currently no known outstanding effects for the Criminal Defence Service Act 2006.
Criminal Defence Service Act 2006 (2006/9)
Version from: 1 December 2020

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 S. 4(2)(c) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9) , ss. 1 , 5(2) (3) ; S.I. 2012/1236 , reg. 2
F1 Ss. 1-3 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 5 Pt. 2 ; S.I. 2013/453 , art. 3(h) (with savings and transitional provisions in S.I. 2013/534 , art. 6) this amendment is subject to savings and/or transitional provisions, see the commentary. repealed
F1 Ss. 1-3 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 5 Pt. 2 ; S.I. 2013/453 , art. 3(h) (with savings and transitional provisions in S.I. 2013/534 , art. 6) this amendment is subject to savings and/or transitional provisions, see the commentary. repealed
F1 Ss. 1-3 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 5 Pt. 2 ; S.I. 2013/453 , art. 3(h) (with savings and transitional provisions in S.I. 2013/534 , art. 6) this amendment is subject to savings and/or transitional provisions, see the commentary. repealed
F2 S. 4(1) repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 5 Pt. 2 ; S.I. 2013/453 , art. 3(h) (with savings and transitional provisions in S.I. 2013/534 , art. 6) this amendment is subject to savings and/or transitional provisions, see the commentary. repealed
F3 S. 4(2)(a)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 12 para. 53 ; S.I. 2012/2906 , art. 2(j) (with art. 7(2)(h) (3) ); S.I. 2012/2906 , art. 2(j) (with art. 7(2)(h) (3) ) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F4 S. 4(2)(c) repealed (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 28 (with ss. 413(4) (5) , 416(7) , Sch. 27 ); S.I. 2020/1236 , reg. 2 this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
P1 S. 5(2) power fully exercised: 2.10.2006 appointed by { S.I. 2006/2491 }, art. 2
Defined Term Section/Article ID Scope of Application
  • The Criminal Defence Service Act 2006 (Commencement) Order 2006 (2006/2491)

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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