ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 39: Sexual offences
939.Sub-paragraph (1) brings within the scope of civil legal aid services provided in relation to a sexual offence, but only where the services are provided to the victim of the offence or, where the victim has died, to the victim’s personal representative. This, for example, allows legal aid to be made available for a civil claim against the alleged perpetrator of an offence or against a person that negligently failed to prevent a sexual offence.
940.Sub-paragraph (2)(a) applies the exclusions in Part 2 of Schedule 1 except for those in relation to personal injury or death, a claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of breach of statutory duty and a damages claim for breach of Convention rights by a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998. Sub-paragraph (2)(b) applies the exclusion in Part 3.
941.Sub paragraph (4) ensures that civil legal services are capable of being provided in relation to incitement to commit a sexual offence, encouraging or assisting a sexual offence which the person intended or believed would be committed, conspiracy to commit a sexual offence, and an attempt to commit a sexual offence. Sub-paragraph (5) ensures that civil legal services are capable of being provided in relation to conduct which would be a sexual offence under the Sexual Offences Act 2003 or under section 1 of the Protection of Children Act 1978 but for the fact the conduct occurred before those provisions were in force. Sub-paragraph (6) ensures that conduct falls within the definition of a sexual offence for the purposes of paragraph 39 whether or not there have been criminal proceedings in relation to the conduct and whatever the outcome of any such proceedings.