Part 2Amendment to Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Amendment to Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

2.  Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended in accordance with articles 3 and 4.

Amendments relating to domestic abuse and immigration

3.—(1) Part 1 (services) is amended as follows.

(2) In the heading of paragraph 11, for “domestic violence” substitute “domestic abuse”.

(3) In paragraph 12—

(a)in the heading and in sub-paragraphs (1)(a) and (b) and (6), for “domestic violence” substitute “domestic abuse”;

(b)in sub-paragraph (9), for the definition of “domestic violence” substitute—

““domestic abuse” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, economic or emotional) between individuals who are associated with each other; and for these purposes, such behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual;”.

(4) In paragraph 28—

(a)for the heading substitute “Immigration: victims of domestic abuse, leave to enter and indefinite leave to remain”;

(b)for sub-paragraph (1) substitute—

“(1) Civil legal services provided to an individual in relation to an application for leave to enter or indefinite leave to remain in the United Kingdom in reliance on Appendix Victim of Domestic Abuse to the immigration rules(1).”;

(c)omit sub-paragraph (4);

(d)in sub-paragraph (5)—

(i)omit the definitions of “cohabitant” and “domestic violence”;

(ii)before the definition of “indefinite leave to remain in the United Kingdom” insert—

““immigration rules” has the same meaning as in the Immigration Act 1971(2);”;

(iii)after the definition of “indefinite leave to remain in the United Kingdom” insert—

““leave to enter” is to be construed in accordance with the Immigration Act 1971(3);”;

(iv)omit the definition of “present and settled in the United Kingdom”.

(5) In paragraph 29—

(a)in the heading and in sub-paragraph (1)(c), for “domestic violence” substitute “domestic abuse”;

(b)in sub-paragraph (4), for the definition of “domestic violence” substitute—

““domestic abuse” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, economic or emotional) between individuals who are associated with each other; and for these purposes, such behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual;”.

Amendments relating to domestic abuse protection notices and orders

4.—(1) In Part 1 (services), paragraph 11 (family homes and domestic violence) is amended in accordance with paragraphs (2) and (3).

(2) In sub-paragraph (1A)—

(a)in the words before paragraph (a), after “relation to” insert “the following applications or proceedings under the Domestic Abuse Act 2021”;

(b)in paragraph (a)—

(i)omit “for a domestic abuse protection order” and “of the Domestic Abuse Act 2021”;

(ii)after “28” insert “(domestic abuse protection orders on application)”;

(c)in paragraph (b), for “of that Act” substitute “(domestic abuse protection orders on family or civil court’s own motion)”;

(d)after paragraph (b) insert—

“(ba)proceedings under section 31(3), (5) or (6) (domestic abuse protection orders on criminal court’s own motion) so far as those proceedings relate to a domestic abuse protection order;

(bb)proceedings under section 40 (arrest for breach of an order);”;

(e)for paragraph (c) substitute—

“(bc)proceedings under section 44(2)(b) (variation and discharge of orders on court’s own motion) in a case where the court hearing the proceedings could make a domestic abuse protection order under section 31(3), (5) or (6), so far as those proceedings relate to a domestic abuse protection order;

(c)proceedings under section 44 (variation and discharge of orders) not within paragraph (bc);

(d)proceedings on an appeal under section 46(1) (appeal of decision on application for domestic abuse protection order under section 28);

(e)proceedings on an appeal under section 46(3) or (4) (appeal by person subject to an order against its making or variation on criminal court’s own motion);

(f)proceedings on an appeal under section 46(5) (other appeals against order varying or discharging a domestic abuse protection order);

(g)proceedings for contempt of court in relation to a domestic abuse protection order.”.

(3) For sub-paragraph (3A) substitute—

“(3A) Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.

(3B) The following services do not include advocacy of any type—

(a)services described in sub-paragraph (1A)(a) in so far as the services are provided—

(i)in relation to an application made by a chief officer of police for a domestic abuse protection order, and

(ii)for an individual other than the person against whom the order is being sought;

(b)services described in sub-paragraph (ba), (bc) or (e).

(3C) Any services described in sub-paragraph (1A) that are not within sub-paragraph (3B) are subject to the exclusion in Part 3 of this Schedule.”.

(4) In Part 3 (advocacy: exclusion and exceptions)—

(a)in paragraph 6—

(i)after sub-paragraph (e), but before the “and” at the end of it, insert—

“(ea)proceedings in relation to an application for the variation or discharge of a domestic abuse protection order under section 44(2)(a) of the Domestic Abuse Act 2021,”;

(ii)in sub-paragraph (f), for “the Domestic Abuse Act 2021” substitute “that Act”;

(b)in paragraph 7, for sub-paragraph (ba) substitute—

“(ba)paragraph 11(1A)(a) and, in so far as the proceedings relate to an application to vary or discharge a domestic abuse protection order, paragraph 11(1A)(c), and”.