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The Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

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Renewal of application

21.—(1) An applicant whose application under regulation 18 has been refused may renew his application either orally to the court or to the appropriate officer of the Crown Court.

(2) Where an application is renewed under paragraph (1), the applicant shall return the notice of refusal which he received under regulation 19.

(3) Where an application is renewed to the appropriate officer, he may either grant the application or refer it to a judge of the court.

(4) Where an application is renewed to the court, the court may grant or refuse the application or refer it to the appropriate officer.

(5) A judge of the court to whom an application is referred under paragraph (3) or (6), may grant or refuse the application.

(6) An appropriate officer to whom an application is referred under paragraph (4), may grant the application or refer it to a judge of the court.

(7) Except where the applicant is not required to furnish a statement of means under regulation 23(4), a legal aid order shall not be made where an application is renewed under paragraph (1) until the court or the appropriate officer has considered the applicant’s statement of means.

(8) Regulation 19 shall apply where an application is refused under this regulation as if references to a justices' clerk were omitted.

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