Civil Law (Miscellaneous Provisions) Act 2008

78.

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.”.