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The Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006

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Withdrawals of representation order

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9.—(1) An individual whose representation order has been withdrawn may apply on one occasion to the person who, or body which, withdrew the order to set aside the withdrawal.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

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