Introduction
Part 4, Sections 34-45 of the Policing and Crime Act 2009, as amended by s.51 of the Serious Crime Act 2015, allow the police and local authorities to apply to the High Court or County Court for an injunction against a respondent aged 18 years or over who is alleged to have engaged in, encouraged or assisted gang-related violence or gang-related drug-dealing. For respondents aged under 18 the application will be made to the Youth Court.
These cases are in scope for civil funding pursuant to Schedule 1, Part 1, paragraph 38 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This includes applications to vary an injunction and appeals to the Crown Court. Please note, the civil legal services prescribed under Part 1 are subject to the exclusions in Parts 2 and 3 of Schedule 1.
In this guidance these injunctions are referred to as ‘GANGBO’s’ which is a common abbreviation used in practice. This guidance has been developed specifically to support providers who are less familiar with the civil legal aid application process.
- The majority of GANGBO applications are submitted by criminal practitioners who are familiar with criminal legal aid, its administration and procedures.
- Funding for GANGBO’s is provided as part of civil legal aid.
- There are significant differences from criminal legal aid to keep in mind in the application process and when managing a case.
To represent a client in GANGBO proceedings you must:
- be authorised to undertake civil legal aid
- apply for a civil legal aid certificate
Applications for civil legal aid must be submitted via the Client and Cost Management System (CCMS) if you hold a 2018 Standard Civil Contract or 2022 Standard Crime Contract.
If you do not hold a 2018 Standard Civil Contract or 2022 Standard Crime Contract, you must email the application to ContactECC@justice.gov.uk.
Applications for civil legal aid from providers not holding a 2018 Standard Civil Contract or 2022 Standard Crime Contract must be accompanied by an application for an Individual Case Contract (ICC). The ICC criteria are set out on page 19 below. Your organisation must hold either a Lexcel Legal Practice Quality Mark or a Specialist Quality Mark before we can enter into an Individual Case Contract.
The merits test is central to the application for legal aid. This must be addressed in detail to satisfy the relevant criteria and demonstrate the client’s financial eligibility.
Funding requests can be made as emergency applications where appropriate and can be backdated where the provisions of Civil Legal Aid (Procedure)(Amendment) Regulations 2019 are met. Further information on emergency funding can be found on page 5.
Backdating requires that urgent work had to be undertaken immediately or at short notice, and the application was made at the first opportunity. Further information and guidance on backdating provisions is available at: Civil news: discretionary backdating powers on civil applications – GOV.UK (www.gov.uk).