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Court of Appeal

Legal aid - Availability - Domestic violence - Applications for civil legal aid by victims of domestic violence - Regulations requiring evidence of domestic violence to be less than 24 months old Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10)

23 February 2016

Regina (Rights of Women) v Lord Chancellor and Secretary of State for Justice [2016] EWCA Civ 91
Longmore , Kitchin , Macur LJJ

Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012, made pursuant to powers conferred on the Lord Chancellor by section 12 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, specified the types of supporting evidence of domestic violence which had to be provided in support of an application for civil legal aid by a victim of domestic violence made under paragraph 12 of Part 1 of Schedule 1 to the 2012 Act.

Following amendments made in 2014, regulation 33 provided that legal aid would not be available unless documentary verification of domestic violence was provided within the 24-month period before the application for legal aid was made, save for certain exceptions. The claimant, a charity which campaigned and pr...

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