Criminal Justice (Miscellaneous Provisions) Act 2023
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Amendment of Civil Legal Aid Act 1995 | ||
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65. Section 28 of the Civil Legal Aid Act 1995 is amended by the substitution of the following subsection for subsection (5D) (inserted by section 46 of the Domestic Violence Act 2018 ): | ||
“(5D) Notwithstanding any other provision of this Act, where— | ||
(a) an applicant or respondent (within the meaning of the Domestic Violence Act 2018 ) is prevented from conducting a cross-examination referred to in section 16 of that Act, or | ||
(b) an applicant or respondent (within the meaning of Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023) is prevented from conducting a cross-examination referred to in section 32 of that Act, | ||
the Board shall grant a legal aid certificate to the applicant or respondent, as the case may be, for the purpose of his or her being represented in relation to such a cross-examination.”. |