The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Anti-social Behaviour and Prevention and Investigation Measures) (Miscellaneous Amendments) Order 2026

Published: Tue 21st Jul 26

This Order expands the scope of civil legal aid in England and Wales to include proceedings related to respect orders, youth injunctions, and housing injunctions.

It directs that 'help at court' and 'investigative representation' are unavailable for proceedings involving Terrorism Prevention and Investigation Measures or foreign power threat activity.

Additionally, the Order mandates that only 'legal help'—and not broader legal services—is exempt from financial means testing for individuals subject to national security-related investigation notices.

Arguments For

The order states that civil legal aid must be extended to cover new legal instruments introduced by the Crime and Policing Act 2026, specifically respect orders, youth injunctions, and housing injunctions.
Proponents within the Ministry of Justice indicate that the amendments resolve existing ambiguities by providing a comprehensive statement regarding which services, such as help at court, are inappropriate for national security proceedings.
The document asserts that the changes ensure alignment between the legal aid available for Terrorism Prevention and Investigation Measures (TPIMs) and newer foreign power threat activity measures.
The explanatory note states that the instrument clarifies that only specific forms of legal help are available without a means test for individuals subject to TPIM notices, rather than all forms of civil legal services.

Arguments Against

Legal practitioners may question the exclusion of 'help at court' and 'investigative representation' for individuals facing terrorism prevention or foreign power threat measures, as these are restricted under the new regulations.
Civil liberties organizations might argue that the limitations on non-means-tested support for TPIM-related services could restrict access to justice for individuals targeted by national security notices.
The effectiveness of the legal aid provision for 'respect orders' is contingent on the future commencement of the Crime and Policing Act 2026, creating a period of regulatory dependency.
Critics may identify potential implementation difficulties for legal aid providers who must now distinguish between legacy injunctions and the new tiered system of youth and housing injunctions.

-(1) This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Anti-social Behaviour and Prevention and Investigation Measures) (Miscellaneous Amendments) Order 2026.

(2) Except as provided in paragraphs (3) and (4), this Order comes into force on the day after the day on which it is made.

(3) Article 2(2) comes into force on the day section 1 of the Crime and Policing Act 2026comes into force for any purpose or area.

(4) Article 2(3) and (4) comes into force on the day section 2 of, and Schedule 1 to, the Crime and Policing Act 2026 come into force for any purpose or area.

(5) This Order extends to England and Wales only.

This section establishes the official title of the Order and its geographic jurisdiction over England and Wales.

It sets a staggered commencement schedule where basic provisions take effect immediately after signing, while specific legal aid expansions depend on when the Crime and Policing Act 2026 is activated.

This ensures that legal aid availability aligns with the introduction of the new underlying criminal justice powers.

-(1) Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended in accordance with paragraphs (2) to (4).

(2) After paragraph 35 insert-

'Respect orders

35A. -(1) Civil legal services provided to an individual in relation to an application for, or proceedings in respect of, a respect order against the individual under section A1 of the Anti-Social Behaviour, Crime and Policing Act 2014.

Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.'.

(3) For the italic heading above paragraph 36 substitute 'Anti-social behaviour: youth injunctions and housing injunctions'.

(4) In paragraph 36 for sub-paragraph (1) substitute-

'(1) Civil legal services provided to an individual in relation to an application for, or proceedings in respect of-

(a) an injunction against the individual under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 ('the 2014 Act') as it had effect before the coming into force of Schedule 1 to the Crime and Policing Act 2026 ('the 2026 Act'),
(b) a youth injunction against the individual under section 1 of the 2014 Act as it has effect on and after the coming into force of Schedule 1 to the 2026 Act,
(c) a housing injunction against the individual under section 1A of the 2014 Act.'.

This section adds 'respect orders' to the list of civil legal services eligible for public funding.

It also updates the legal definitions for anti-social behaviour injunctions to distinguish between older injunctions, new youth injunctions, and new housing injunctions.

These changes ensure that individuals facing these specific court orders can apply for legal aid subject to standard statutory exclusions.

-(1) The Civil Legal Aid (Merits Criteria) Regulations 2013 are amended as follows.

(2) In regulation 22 (immigration and terrorism prevention and investigation measures etc)-

(a) for the heading substitute 'Immigration and foreign power threat activity prevention and investigation measures etc';
(b) for paragraph (c) substitute-
'(c) paragraph 45B of Part 1 of Schedule 1 to the Act (foreign power threat activity prevention and investigation measures etc).'.

(3) After regulation 22 insert-

'Terrorism prevention and investigation measures etc

22A. Help at court and investigative representation are not appropriate in relation to proceedings under the Terrorism Prevention and Investigation Measures Act 2011.'.

This section modifies the criteria used to decide if a case qualifies for legal aid based on its merits.

It explicitly prohibits the use of legal aid for 'help at court' (advocacy for specific hearings) and 'investigative representation' in cases involving terrorism or foreign power threat investigation measures.

These restrictions apply to individuals subject to prevention and investigation notices under national security laws.

-(1) The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 are amended as follows.

(2) In regulation 5 (exceptions from requirement to make a determination in respect of an individual's financial resources)-

(a) for paragraph (1)(l) substitute-
'(l) legal help provided to an individual in relation to a Terrorism Prevention Investigative Measure (TPIM) notice relating to the individual including legal help provided when such notice is contemplated;';
(b) after paragraph (1)(l) insert-
'(la) legal help in relation to any matter described in paragraph 45B(1) (foreign power threat activity prevention and investigation measures) of Part 1 of Schedule 1 to the Act;';
(c) in paragraph (2) for the definition of 'TPIM proceedings' substitute-

''TPIM notice' means a notice under section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011;'.

This section limits the type of legally aided support that can be provided without a financial means test for individuals subject to TPIM or foreign power threat notices.

It clarifies that only initial 'legal help' (advice and assistance) is exempt from financial assessment, rather than full legal representation.

This ensures that while individuals can receive early advice regardless of their wealth, further legal services remain subject to standard financial eligibility checks.

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