Background
7.The Legal Services Commission was established by the Access to Justice Act 1999. That Act replaced the legal aid system with two new schemes (the Community Legal Service and the Criminal Defence Service) to secure the provision of publicly funded legal services for people who need them. The Legal Services Commission, (which has replaced the Legal Aid Board), runs the two schemes.
8.In criminal cases, the Criminal Defence Service has replaced the legal aid scheme. Section 12 of the Access to Justice Act 1999 requires the Commission to establish, maintain and develop the Criminal Defence Service.
9.The purpose of the Criminal Defence Service as set out in section 12(1) is to secure that individuals involved in criminal investigations or criminal proceedings have access to such advice, assistance and representation as the interests of justice require.
10.Section 12(3) imposes a duty on the Commission to fund services as part of the Criminal Defence Service in accordance with sections 13 to 15 of the Access to Justice Act 1999.
11.Section 13 sets out the extent of the duty to fund advice and assistance. This is explained in more detail in paragraph 14.
12.Section 14 requires the Commission to fund representation for an individual who has been granted a right to representation.
	* Representation is defined in section 26 of the Access to Justice Act 1999 as meaning representation for the purposes of proceedings and includes the assistance which is usually given by a representative in the steps preliminary or incidental to any proceedings, and subject to any time limits which may be prescribed, advice and assistance as to any appeal.
13.A right to representation must be granted in accordance with Schedule 3 to the Access to Justice Act 1999, which sets out how and at what stage it may be granted and the criteria (the interests of justice test) for the grant of the right.