SCHEDULE 3 Legal Aid for Legal Persons
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (2012 c 10) | Legislation

SCHEDULE 3 Legal Aid for Legal Persons

Section 31

Legal persons

1

In this Schedule “legal person†means a person other than an individual.

Exceptional case determinations

2

(1)     For the purposes of this Schedule, in relation to a legal person and civil legal services, advice, assistance or representation for the purposes of criminal proceedings, an exceptional case determination is a determination that sub-paragraph (2) or (3) is satisfied.

(2)     This sub-paragraph is satisfied if it is necessary to make the services available to the legal person under this Part because failure to do so would be a breach of—

(a)     the person's Convention rights (within the meaning of the Human Rights Act 1998), or

(b)     any rights of the person to the provision of legal services that are [assimilated enforceable rights].

(3)     This sub-paragraph is satisfied if it is appropriate to make the services available to the legal person under this Part, in the particular circumstances of the case, having regard to any risk that failure to do so would be such a breach.

Civil legal aid

3

(1)     Civil legal services are to be available to a legal person under this Part only if the Director—

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