The Criminal Defence Service (Provisional Representation Orders) Regulations 2009

Withdrawal and extension of provisional representation order

4.—(1) The Commission must withdraw a provisional representation order—

(a) where the individual notifies the person who would be the prosecutor that the individual does not wish to enter into plea discussions;

(b) where, in the opinion of the Commission, the plea discussions are unlikely to result in a plea agreement;

(c) where, in the opinion of the Commission, it is not in the interests of justice for the order to continue;

(d) where the person who would be the prosecutor notifies the individual that proceedings will not be brought against the individual;

(e) on the application of the individual;

(f) where proceedings are begun against the individual in respect of a charge related to the investigation; or

(g) three months after the grant of the order, where none of sub-paragraphs (a) to (f) applies.

(2) The individual may, at any time before the end of the period of three months from the grant of the provisional representation order, apply (once only) to the Commission to extend the order for a period of up to three months from the date of the extension.