Citation and commencement

1. These Regulations may be cited as the Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006 and come into force on 2nd October 2006.

Interpretation

2. In these Regulations—

“the Act” means the Access to Justice Act 1999;

“appropriate officer” means—

• in a magistrates’ court, the justices’ clerk or the designated officer;

• in the Crown Court, a court manager or a court officer designated by him to act on his behalf for the purposes of these Regulations;

• in the Court of Appeal—

  • the Registrar of Criminal Appeals or the Head of the Civil Appeals Office, as appropriate; or

  • in either case, a court officer designated by him to act on his behalf for the purposes of these Regulations;

“the Commission” means the Legal Services Commission established under section 1 of the Act;

“representation authority” has the same meaning as in the Criminal Defence Service (Representation Orders and Consequential Amendments) Regulations 2006( 2 );

“representation order” means a document granting a right to representation under section 14 of the Act.

General provisions

3. —(1) An appeal or a renewed application under these Regulations must be made on such form as is from time to time specified—

(a) in the case of appeals, and renewed applications under regulation 8, by the Commission; and

(b) in the case of renewed applications under regulations 6 and 7, by the Lord Chancellor.

(2) The individual must provide such further particulars and documents as the person or body determining the appeal or renewed application may require in relation to his appeal or application.

(3) An appeal or a renewed application will be determined without a hearing unless the person or body determining the appeal or application directs otherwise.

(4) Where an application is referred under regulation 6(2)(b), 7(2)(b) or 9(3)(b), it is to be treated thereafter as if it were an appeal.

(5) Written reasons must be given for any decision on an appeal or a renewed application.

(6) The date of any representation order granted on an appeal or a renewed application under these Regulations—

(a) in proceedings in the Court of Appeal, is the date on which the original application for the order was received, subject to regulation 10(6) of the Criminal Defence Service (General) (No. 2) Regulations 2001( 3 ); and

(b) in other proceedings, is the date on which the original application was received.

Appeals: magistrates’ courts

4. —(1) In this regulation “court” means the magistrates’ court in which the proceedings in respect of which the individual is seeking a representation order are being or are to be heard and includes a single justice.

(2) An individual may appeal to the court against a decision to refuse to grant a representation order made on the grounds that the interests of justice do not require such an order to be granted.

(3) The court must either—

(a) uphold the decision; or

(b) decide that it would be in the interests of justice for a representation order to be granted.

(4) Where the court makes a decision under paragraph (3)(b), the individual may apply to the representation authority for a representation order; and—

(a) if the individual states in writing, verified by a statement of truth, that his financial resources have not changed since the date of his original application so as to make him financially ineligible for a representation order, the representation authority must grant the order; or

(b) if his financial resources may have so changed, the representation authority—

(i) must determine whether the individual is financially eligible to be granted a representation order in accordance with the Criminal Defence Service (Financial Eligibility) Regulations 2006( 4 ); and

(ii) if he is so eligible, must grant the order.

5. An appeal does not lie against a decision to refuse to grant a representation order in respect of proceedings in a magistrates’ court made on the grounds that the individual is not financially eligible to be granted such an order.

Renewals of application where representation order refused: Crown Court

6. —(1) An individual whose application for the grant of a representation order in respect of proceedings in the Crown Court has been refused on the grounds that the interests of justice do not require such an order to be granted may make a renewed application to the appropriate officer who, or court which, refused the application.

(2) Where a renewed application is made to the appropriate officer, he may—

(a) grant the order; or

(b) refer the application—

(i) in the Crown Court, to a judge of the Crown Court; or

(ii) in a magistrates’ court, to the court or a District Judge (Magistrates’ Court),

who may grant the order or refuse the application.

Renewals of application where representation order refused: Court of Appeal

7. —(1) An individual whose application for the grant of a representation order in respect of proceedings in the Court of Appeal has been refused by the court or the appropriate officer on the grounds that the interests of justice do not require such an order to be granted may make a renewed application to the court or the appropriate officer (as the case may be).

(2) Where a renewed application is made to the appropriate officer, he may—

(a) grant the order; or

(b) refer the application to a judge of the Court of Appeal, who may grant the order or refuse the application.

Renewals of application where representation order refused: Commission

8. An individual whose application for the grant of a representation order in respect of proceedings, other than proceedings in a magistrates’ court, has been refused by the Commission on the grounds that the interests of justice do not require such an order to be granted may make a renewed application to the Commission, which may grant the order or refuse the application.

Withdrawals of representation order

9. —(1) An individual whose representation order has been withdrawn may apply on one occasion to the person who, or body which, withdrew the order to set aside the withdrawal.

(2) Any application must be made on such form as is from time to time specified—

(a) by the Commission, in the case of withdrawal by the Commission or by the representation authority in proceedings in a magistrates’ court; and

(b) by the Lord Chancellor, in the case of withdrawal by the appropriate officer or the court in proceedings in the Crown Court or the Court of Appeal.

(3) Where an application is made to the appropriate officer, he may—

(a) set aside the withdrawal; or

(b) refer the application—

(i) in a magistrates’ court, to the court or a District Judge (Magistrates’ Court);

(ii) in the Crown Court, to a judge of the Crown Court; or

(iii) in the Court of Appeal, to a judge of the Court of Appeal,

who may set aside the withdrawal or refuse the application.

Transitional provisions

10. A renewed application which is pending immediately before 2nd October 2006 is to be dealt with as if these Regulations had not been made.

Revocation

11.The Criminal Defence Service (Representation Order Appeals) Regulations 2001( 5 ) are revoked.