Citation, commencement and application

1. —(1) These Regulations may be cited as the Criminal Legal Aid (Determinations by a Court and Choice of Representative) (Amendment) Regulations 2013 and come into force on 2nd December 2013.

(2) The amendments made by regulation 2 apply to an application for a determination under regulation 11 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013( 2 ) (“the the Regulations”) made on or after 2nd December 2013.

Amendment to the the Regulations

2. —(1) Part 3 of the the Regulations (choice of representative) is amended as follows.

(2) In sub-paragraph (a) of the definition of “the prosecution condition” in regulation 18(7), after “prosecution” insert “and the relevant court is satisfied that the individual will be, or will be likely to be, prejudiced if they too are not represented by two or more advocates”.

(3) For regulation 19 substitute—

“ Selection of a Queen’s Counsel or multiple advocates

19. —(1) A determination that an individual is entitled to select a Queen’s Counsel or more than one advocate under regulation 18 may only be made by the following judges—

(a) subject to paragraph (2), in the course of a trial or a preliminary hearing, pre-trial review or plea and directions hearing, the judge who has been assigned as the trial judge;

(b) where a trial judge has not been assigned, by—

(i) a High Court judge; or

(ii) subject to paragraph (2), a resident judge of the Crown Court or, in the absence of a resident judge, a judge nominated by a resident judge of the Crown Court for the purpose of making such a determination; or

(c) where the proceedings are in the Court of Appeal, by the Registrar of Criminal Appeals, a High Court judge or a judge of the Court of Appeal.

(2) A determination made by a judge referred to in paragraph (1)(a) or (b)(ii) does not take effect unless it is approved by a presiding judge of the circuit or by a judge nominated by a presiding judge of the circuit for the purpose of giving such approval. ”