PART 5Representation for criminal proceedings

Withdrawal26.

(1)

The Director must withdraw a determination under section 16 of the Act if the Director is satisfied that the interests of justice no longer require representation.

(2)

The Director may withdraw a determination where—

(a)

the individual declines to accept the determination in the terms which are offered;

(b)

the individual requests that the determination is withdrawn; or

(c)

the provider named in the representation order which recorded the original determination declines to continue to represent the individual.

(3)

Where the Director withdraws a determination, the Director must provide written notification of the withdrawal to—

(a)

the individual in whose favour the original determination was made;

(b)

any provider named in the representation order which records the determination; and

(c)

any advocate instructed in proceedings.

(4)

In this regulation “advocate” means a person who is an authorised person for the purposes of section 18 of the Legal Services Act 200734 in relation to the exercise of a right of audience.