The Criminal Defence Service (Representation Orders and Consequential Amendments) Regulations 2006

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Proceedings in which representation order may be granted
     3. The Commission may, at any stage of the proceedings, grant to an individual a representation order in respect of relevant proceedings.

Extension of representation order
     4. A representation order granted to an individual extends to—

(a) the Crown Court, if the proceedings continue there; and

(b) any proceedings incidental to the proceedings,

but does not extend to an appeal.

Withdrawal of representation order
     5. —(1) Where any charge or proceedings against the individual are varied, the representation authority must—

(a) consider whether the interests of justice require that he be represented in respect of the varied charge or proceedings; and

(b) withdraw the representation order if the interests of justice do not so require.

    (2) The representation authority must consider whether to withdraw the representation order in any of the following circumstances—

(a) where the individual declines to accept the order in the terms on which it is granted;

(b) otherwise at the request of the individual; or

(c) where the representative named in the representation order declines to continue to represent the individual.

Transitional provisions
     6. An application for a representation order which is received before 2nd October 2006 is to be dealt with as if these Regulations had not been made.

Consequential amendments
     7. In section 8A(5) of the Magistrates' Courts Act 1980[2] (power to make rulings at pre-trial hearing)—

(a) in the opening words, omit ", the court must";

(b) in paragraph (a), at the beginning insert "the court must"; and

(c) in paragraph (b), after "does," insert "the Legal Services Commission must".

     8. —(1) Section 50 of the Crime and Disorder Act 1998[3] (early administrative hearings) is amended as follows.

    (2) For subsection (2) substitute—

    " (2) At a hearing conducted by a single justice under this section the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service.

    (2A) Where the accused wishes to be granted such a right, the Legal Services Commission shall decide whether or not to grant him that right."

    (3) After subsection (4) insert—

    " (4A) A hearing conducted by a single justice under this section may be—


(a) adjourned to enable the decision mentioned in subsection (2A) above to be taken, and

(b) subsequently resumed by a single justice."

     9. In the Access to Justice Act 1999, in Schedule 4 (amendments consequential on Part 1), paragraph 54 is repealed.

     10. In the Schedule to the Justices' Clerks Rules 2005[4], omit paragraph 13.


Vera Baird
Parliamentary Under Secretary of State Department for Constitutional Affairs

Date 11 September 2006

[2] 1980 c.43. Section 8A was inserted by Schedule 3 to the Courts Act 2003 (c.39).back

[3] 1998 c.37. Section 50(2) was amended by paragraphs 53 and 54 of Schedule 4 to the Access to Justice Act 1999.back

[4] S.I. 2005/545, to which there are amendments not relevant to these Regulations.back