My Lords, this concerns a very simple point, or rather a short one—I am not entirely clear whether it is simple. I would be grateful for the Minister’s response to this.
Clause 14 is headed ““Advice and assistance for criminal proceedings””. Subsection (1) refers to regulations providing, "““that prescribed advice and assistance is to be available under this Part to an individual described in subsection (2) if … prescribed conditions are met, and … the Director has determined that the individual qualifies for such advice and assistance””."
That is fine. Subsection (2) sets out in paragraphs (a), (b) and (c) three classes of individuals who will be entitled to this advice and assistance. My amendment would add a fourth class of, "““individuals who are involved in investigations which may lead to a caution or warning””,"
as opposed to, "““individuals who are involved in investigations which may lead to criminal proceedings””."
I admit that it is a long time since I practised, but I understand that people who are cautioned are liable to have that caution recorded and for it to be on their record for a period of time. In those circumstances, would it be better for that class of person to be granted advice and assistance, as are the persons covered by paragraphs (a), (b) and (c)? I will not argue with the Government if there is a good reason for not including that class of person. I just want to hear why there is not a fourth class of person covering, "““individuals who are involved in investigations which may lead to a caution or warning””."
I beg to move.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Tuesday, 24 January 2012.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
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734 c1022-3 
Session
2010-12
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