Civil Law (Miscellaneous Provisions) Act 2008
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Amendment of section 26 of Civil Legal Aid Act 1995. |
78.— Section 26 of the Civil Legal Aid Act 1995 is amended— | |
(a) in subsection (3), by substituting the following for paragraph (b): | ||
“(b) a person shall qualify for legal advice, in respect of a matter referred to in section 28(9)(a), in the cases mentioned in subparagraphs (i) to (v) of section 28(9)(c).”, | ||
(b) by inserting the following after subsection (3): | ||
“(3A) Notwithstanding any other provision of this Act, the Board shall grant legal advice to a complainant in a prosecution for— | ||
(a) the offence of rape under the common law, | ||
(b) the offence of rape under section 2 of the Criminal Law (Rape) Act 1981 , | ||
(c) the offence of aggravated sexual assault under section 3 of the Criminal Law (Rape) (Amendment) Act 1990 , | ||
(d) the offence of rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 , | ||
(e) an offence under section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007 ) of the Criminal Law (Sexual Offences) Act 1993 , | ||
(f) an offence under the Criminal Law (Sexual Offences) Act 2006 , or | ||
(g) an offence of incest under section 1 or 2 of the Punishment of Incest Act 1908.”. |