The LSC has now responded to a number of queries raised regarding when/where the LAC1 form can be signed, and a request that court staff be updated as to the correct process.
Below are the LSC?s responses:
With regard to getting the form signed after Committal, ie at a Crown Court hearing (a particular issue for advocates as raised by the Bar Council), it is within the discretion of the Magistrate?s Court legal adviser concerned as to whether they are happy to sign the form after the hearing, (if they still have the court papers to hand for example they may be happy to do so), however this is not a requirement on their part.
It was explained however that the LIBRA system is needed to check the decision and Crown Court staff do not have the access to this.
The fee for the ?memorandum of conviction? (the correct title for the document) has now been corrected on the main LAC1 page and the LAR page on the LSC website. The CDS News page remains unchanged and still refers to £25 but as this is a news article this cannot be amended.
HMCTS has been contacted by the LSC with regard the consistent (or inconsistent) application of the LAC1 process by some courts. HMCTS has resent the guidance note to Carlisle Mags Court to remind them of the correct process. They are also considering using more general communications to all court staff.
In addition, the LSC is considering issuing an update and will ask HMCTS to do the same so that all providers and court staff are reminded of the correct process.
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