26.—(1) Subject to sections 24 and 29 and to the other provisions of this section and to regulations (if any) made under section 37, the Board shall grant legal advice under this section to an applicant if, in the opinion of the Board, the applicant satisfies the criteria in respect of financial eligibility specified in section 29 and in such regulations (if any) as aforesaid.

(2) Subject to subsection (3), a person shall not qualify for legal advice in respect of—

(a) a criminal law matter unless the advice sought concerns the procedure by which legal aid may be obtained under the Criminal Justice (Legal Aid) Act, 1962, in which case he or she shall qualify for such legal advice free of any contribution;

(b) the matters referred to in section 28 (9) (a);

(c) a matter concerning which the Board considers it would be possible for the person, without hardship, to obtain the appropriate advice without obtaining legal advice under this Act.

(3) Notwithstanding subsection (2) (and subject to the other provisions of this Act)—

(a) a person shall qualify for legal advice in respect of a conveyancing matter connected to a matter in which legal aid or advice F16[has already been given,]

F17[(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) and (vii) of F16[section 28(9)(c), and]]

F18[(c) a party to an application under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 shall qualify for legal advice.]

F19[(d) a party to an application, or to any other proceedings, under Part 6 of the Assisted Decision-Making (Capacity) Act 2015 shall qualify for legal advice.]

F20[(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.]

F21[(3B) Notwithstanding any other provision of this Act, the Board shall grant legal advice to a person who is an alleged victim of a human trafficking offence in relation to—

(a) any matter connected with the commission of the human trafficking offence (whether or not a prosecution for that offence has been instituted),

(b) any matter connected with the commission of any other offence of which the person is alleged to be a victim, being an offence (whether or not a human trafficking offence) that is alleged to have been committed in the course of, or otherwise in connection with, the commission of the human trafficking offence, or

(c) without prejudice to the generality of paragraph (a) or (b), the prosecution of the human trafficking offence or of the other offence referred to in paragraph (b).]

(4) Where a person would qualify for legal advice, but for the fact that the advice sought concerns the application of the law of another State, such person shall be entitled to obtain such guidance or assistance in relation to the matter as the Board deems appropriate.

(5) Where a person obtains legal advice and subsequently obtains legal aid in connection with the same matter, the legal services provided will be deemed to be legal aid and all the conditions applying to legal aid, including the level of any contributions payable under section 29 by a person in receipt of legal aid, will apply, save that the level of any such contribution shall be reduced by any amount previously paid for legal advice in connection with such matter.

(6) The Board may require a person to whom it is granting legal advice to comply with such requirements as it reasonably considers expedient to enable it to satisfy itself that it is reasonable for the person to continue to receive legal advice.

(7) The Board may cease to grant legal advice under this section to a person where it considers that it is no longer reasonable for the person to continue to receive it and, in particular, where the person no longer satisfies the requirements in respect of financial eligibility specified in section 29 and in regulations under section 37.

F21[(8) In this section, "human trafficking offence" means—

(a) an offence under section 2, 4, 5, 6, 7 or 11 of the Criminal Law (Human Trafficking) Act 2008,

(b) an offence under section 3 (other than subsections (2A) and (2B)) of the Child Trafficking and Pornography Act 1998.]