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.”.