§ 1.—(1) In section 73(1), after the word proceeding', there shall be inserted the words and the proceedings mentioned in subsections (3A) and (3B) of this section'.
§ (2) At the end of section 73(2) there shall be inserted the words 'and any other magistrates' court to which the case is remitted in pursuance of section 56(1) of the Children and Young Persons Act 1933'.
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(3) In section 73, after subsection (3) there shall be inserted the following subsections:—
'(3A) Where a person—
the court may order that he shall be given legal aid for the purpose of proceedings before the court and, in a case falling within paragraph (a) of this subsection, be-for any juvenile court to which the case is remitted.(3B) Where a person desires to appeal to a court of quarter sessions in pursuance of section 2(8), 3(6), 16(6), 21(4) or 29(6) of the said Act of 1969, that court or the court from whose decision the appeal lies may order that he be given legal aid for the purpose of the appeal'.
§ 2.—(1) At the end of section 74(2) there shall be inserted the words 'and except in the case of proceedings under section I of the Children and Young Persons Act 1969 where it is alleged that the condition mentioned in subsection (2)(e) of that section is satisfied in consequence of an indictable offence and where the court is of the opinion aforesaid'.
§ (2) In section 74(3), after '(3)' there shall be inserted the word '(3B)' and for the word 'either' there shall be substituted the word 'any'.
§ (3) In section 74(5), after the word '(2)' there shall be inserted the words 'or (3A)'.
§ (4) In section 74(6), after the word 'section', there shall be inserted the words or to any person by a legal aid order under subsection (3B) of that section' and after the word 'sentence' there shall be inserted the words 'or, as the case may be, dismissing the appeal mentioned in the said subsection (3B) or otherwise altering the order to which the appeal relates'.
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3. In section 75, after subsection (4) there shall be inserted the following subsection:—
'(4A) Subsections (3) and (4) of this section shall have effect, in their application to a person, who has not attained the age of sixteen, as if the words "he", "him" and "his" referred to that person and a person who is an appropriate contributor in relation to him or such of them as the court selects, and as if for the word "shall" in subsection (4) there were substituted the word "may", and the court may require that a statement furnished by an appropriate contributor in pursuance of subsection (4) shall specify both his means and those of the other person aforesaid.
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4.—(1) In section 76, after subsection (1) there shall be inserted the following subsection:—
'(1A) In a case where a legally assisted person has not attained the age of sixteen, the power conferred by the last foregoing subsection to order him to pay contributions in respect of the relevant costs shall include power to order any person who is an appropriate contributor in relation to him to pay such contributions; and for the purposes of any order proposed to be made by virtue of this subsection in connection with a legal aid order, an appropriate contributor who has failed to furnish a statement which he was required to furnish in pursuance of section 75(4) of this Act in
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connection with the legal aid order shall be deemed to have resources and commitments which are such that he may reasonably be ordered to pay the whole amount of the costs in question'.
§ (2) In section 76(4)(a), after the words 'that magistrates' court' there shall be inserted the words, or any other magistrates' court to which the case is remitted in pursuance of section 56(1) of the Children and Young Persons Act 1933,'.
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(3) At the end of section 76 there shall be inserted the following subsection:—
'(5) Nothing in subsection (4) of this subsection applies in a case where the legal aid order in question was made by virtue of section 73(3A) or (3B) of this Act, and in such a case an order under this section may be made—
§ 5. In section 77(1), after the words 'assisted person', there shall be inserted the words', or a person who is an appropriate contributor in relation to him,', for the words 'into his means' there shall be substituted the words 'into the means of that person and any such contributor or of either or any of them' and the words 'on his means' shall be omitted.
§ 6. In section 78(1), after the words 'that he', there shall be inserted the words 'or any other person'.
§ 7.—(1) In section 79(2), after the word 'by' there shall be inserted the words ' or in respect of', and for the words 'to him' there shall be substituted the words—
- '(a) where the contribution was made by one person only, to him; and
- (b) where the contribution was made by two or more persons, to them in proportion to the amounts contributed by them'.
§ (2) In section 79(3) and section 79(6) after the words assisted person' there shall be inserted the words 'or an appropriate contributor'.
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8.—(1) In section 84, in the definition of appropriate authority', after paragraph (a) there shall be inserted the following paragraph:—
'(aa)in relation to legal aid ordered by virtue of section 73(3A) or (3B) of this Act, the clerk of the magistrates' court before which the proceedings were heard or from which the appeal was brought or the clerk of the magistrates' court nominated for the purposes of this paragraph by the first-mentioned court'.
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(2) In section 84, after the definition aforesaid there shall be inserted the following:—
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'appropriate contributor', in relation to a person who has not attained the age of sixteen, means his father, any person who has been adjudged to be his putative father and (whether or not he is legitimate) his mother.
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(3) At the end of section 84 there shall be inserted the following subsections:—
'(2) Any power to make an application in pursuance of this Part of this Act which is exercisable by a person who has not attained the age of seventeen shall also be exercisable by his parent or guardian on his behalf, without prejudice to any powers of the parent or guardian apart from this subsection; and in this subsection "guardian" has the same meaning as in section 66 (2) of the Children and Young Persons Act 1969.
(3) A person who attains the age of sixteen after a legal aid order is made in respect of him or, in a case where such an order is made in pursuance of an application, after the application is made, shall be treated for the purposes of this Part of this Act, in relation to the order, as not having attained that age',
and accordingly the said section 84 as amended by sub-paragraphs (1) and (2) of this paragraph shall be subsection (1) of that section.—[Mr. Elystan Morgan.]
§ Brought up, read the First and Second time, and added to the Bill.