The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2006

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     5. In regulation 7 (general power to grant representation), for "the proceedings" substitute "criminal proceedings (other than criminal proceedings in a magistrates' court)".

     6. Omit regulation 8 (proceedings in a magistrates' court).

     7. In regulation 9(1) (proceedings in the Crown Court)—

(a) after "may be made", insert ", where an application for such an order in respect of the proceedings in a magistrates' court has not been made or has been refused";

(b) in each of sub-paragraphs (c) and (d), omit "orally or";

(c) in sub-paragraph (g), omit "was granted a representation order for proceedings in a magistrates' court and".

     8. In regulation 17 (withdrawal of representation)—

(a) for paragraph (1) substitute—

    " (1) Where any charge or proceedings against the assisted person are varied, the court before which the proceedings are heard or, in respect of any proceedings mentioned in regulation 3(2)(a) to (g), the Commission, must—


(a) consider whether the interests of justice continue to 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.



    (1A) The court before which the proceedings are heard or, in respect of any proceedings mentioned in regulation 3(2)(a) to (g), the Commission, must consider whether to withdraw the representation order in any of the following circumstances—



(a) where the assisted person declines to accept the order in the terms which are offered;

(b) otherwise at the request of the assisted person; or

(c) where the representative named in the representation order declines to continue to represent the assisted person.";



(b) in paragraph (3), for the words from "he shall declare" to the end, substitute—



" (a) he must declare the withdrawal of the previous representation order and the reason for it; and

(b) where the representation order was withdrawn in the circumstances set out in paragraph (1) or paragraph (1A)(a) or (b) and a representation order is subsequently granted, the court or the Commission, as appropriate, must select the same representative, unless it considers that there are good reasons why it should select a different representative.".

     9. In paragraph 8(1)(c) of Schedule 1 (assessment of resources)—

(a) in sub-paragraph (ii), omit "or Schedule 8 paragraphs 4 or 7(2)";

(b) in sub-paragraph (iii), after "section 104" insert "or paragraph 4 or 7(2) of Schedule 8".

     10. Omit Schedule 2 (form A).


Vera Baird
Parliamentary Under Secretary of State Department for Constitutional Affairs

Date 11 September 2006

[2] S.I. 2001/1437. Relevant amending instruments are S.Is. 2002/712, 2003/644 and 2004/2046.back