Criminal Defence Service (General) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/1144 |
| Year | 2001 |
2001 No. 1144
LEGAL SERVICES COMMISSION, ENGLAND AND WALES
The Criminal Defence Service (General) Regulations 2001
Made 22th March 2001
Laid before Parliament 26th March 2001
Coming into force 2nd April 2001
The Lord Chancellor, in exercise of the powers conferred on him by sections 12, 15 and 20 of, and Schedule 3 to, the Access to Justice Act 19991, makes the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Criminal Defence Service (General) Regulations 2001 and shall come into force on 2nd April 2001.
Interpretation
2. In these Regulations:
“the Act” means the Access to Justice Act 1999;
“advocate” means:
a barrister; or
a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society;
“assisted person” means a person in receipt of funded services;
“appropriate officer” means:
in the case of the Crown Court, the court manager;
in the case of a magistrates' court, the justices' clerk; and
in the case of the Court of Appeal, the Courts-Martial Appeal Court or the House of Lords, the registrar of criminal appeals
and, in any case, includes an officer designated by him to act on his behalf in that regard;
“the Commission” means the Legal Services Commission established under section 1 of the Act;
“the Costs Committee” means a committee appointed under arrangements made by the Commission to deal with, inter alia, applications for appeal against, or review of, assessments of costs;
“funded services” means services which are provided directly for an individual and funded for that individual as part of the Criminal Defence Service established under sections 12 to 18 of the Act;
“judge of the court” means, in relation to a magistrates' court, a single justice;
“representation order” means a document granting a right to representation under section 14 of the Act; and
“very high cost case” means a case with regard to which:
(a) if the case proceeds to trial, that trial would be likely to last for 25 days or longer; or
(b) the defence costs with regard to any one defendant (or group of defendants represented by the same firm of solicitors) are likely to amount to £150,000 or greater (such sum to include the solicitor’s fees and disbursements, advocate’s fees, and VAT).
Criminal proceedings
3.—(1) For the purposes of this regulation, “the 1998 Act” means the Crime and Disorder Act 19982.
(2) The following proceedings are criminal proceedings for the purposes of section 12(2)(g) of the Act:
(a)
(a) civil proceedings in a magistrates' court arising from failure to pay a sum due or to obey an order of that court where such failure carries the risk of imprisonment;
(b)
(b) proceedings under sections 1, 2 and 4 of the 1998 Act relating to anti-social behaviour orders or sex offender orders;
(c)
(c) proceedings under section 8(1)(b) of the 1998 Act relating to parenting orders made where an anti-social behaviour order or a sex offender order is made in respect of a child;
(d)
(d) proceedings under section 8(1)(c) of the 1998 Act relating to parenting orders made on the conviction of a child;
(e)
(e) proceedings under section 9(5) of the 1998 Act to discharge or vary a parenting order made as mentioned in sub-paragraph (c) or (d);
(f)
(f) proceedings under section 10 of the 1998 Act to appeal against a parenting order made as mentioned in sub-paragraph (c) or (d); and
(g)
(g) proceedings under sections 14B, 14D, 14G, 14H, 21B and 21D of the Football Spectators Act 19893(banning orders and references to a court).
(3) Proceedings:
(a)
(a) in the Crown Court, following committal for sentence by a magistrates' court;
(b)
(b) to quash an acquittal under the Criminal Procedure and Investigations Act 19964; and
(c)
(c) for confiscation and forfeiture in connection with criminal proceedings under RSC Order 115 in Schedule 1 to the Civil Procedure Rules 19985
are to be regarded as incidental to the criminal proceedings from which they arise.
(4) Applications for judicial review or habeas corpus relating to any criminal investigations or proceedings are not to be regarded as incidental to such criminal investigations or proceedings.
PART II
APPLICATIONS FOR REPRESENTATION ORDERS
Representation order
4.—(1) Any application for the grant of a representation order shall be made on form A in the Schedule to these Regulations.
(2) Any application for the grant of a representation order in respect of the proceedings mentioned in section 12(2)(a) to (f) of the Act shall be made in accordance with regulations 6, 7 and 8.
(3) Any application for the grant of a representation order in respect of the proceedings mentioned in regulation 3(2) (criminal proceedings for the purposes of section 12(2)(g) of the Act):
(a)
(a) shall be made to the Commission; and
(b)
(b) may be granted only by the Commission or a person acting on behalf of the Commission where such function has been delegated in accordance with section 3(4) of the Act.
(4) Where an application under paragraph (3) is refused, the Commission shall provide to the applicant:
(a)
(a) written reasons for the refusal; and
(b)
(b) details of the appeal process.
(5) The appropriate officer of each court shall keep a record of every application to that court for a representation order, and of its outcome.
(6) The appropriate officer shall send to the Lord Chancellor such information from the record mentioned in paragraph (5) as the Lord Chancellor may request.
General power to grant representation
5. The court, a judge of the court, or the registrar of criminal appeals may grant a representation order at any stage of the proceedings in the circumstances set out in these Regulations whether or not an application has been made for such an order.
Proceedings in a magistrates' court
6.—(1) Other than where regulation 4(3) applies, an application for a representation order in respect of proceedings in a magistrates' court may be made:
(a)
(a) orally or in writing to the court; or
(b)
(b) in writing to the appropriate officer.
(2) Where an application is made to the court, it may refer it to the appropriate officer for determination.
(3) Where an application is refused, the appropriate officer shall provide to the applicant:
(a)
(a) written reasons for the refusal; and
(b)
(b) details of the appeal process.
Proceedings in the Crown Court
7.—(1) Other than where regulation 4(3) applies, an application for a representation order in respect of proceedings in the Crown Court may be made:
(a)
(a) orally or in writing to the Crown Court;
(b)
(b) in writing to the appropriate officer of that court;
(c)
(c) orally or in writing to a magistrates' court at the conclusion of any proceedings in that magistrates' court;
(d)
(d) orally or in writing to a magistrates' court inquiring into the offence as examining justices or sending for trial under section 51 of the Crime and Disorder Act 19986;
(e)
(e) where a magistrates' court has been given a notice of transfer under section 4 of the Criminal Justice Act 19877(serious fraud cases), in writing to the appropriate officer of that magistrates' court;
(f)
(f) in the case of an appeal to the Crown Court from a magistrates' court, in writing to the appropriate officer of that magistrates' court;
(g)
(g) where the applicant was granted a representation order for proceedings in a magistrates' court and was committed for trial in the Crown Court under section 6(2) of the Magistrates' Courts Act 19808, in writing to the appropriate officer of the magistrates' court ordering the committal; and
(h)
(h) in the case of a retrial ordered under section 7 of the Criminal Appeal Act 19689, orally or in writing to the court ordering the retrial.
(2) An application for a representation order in respect of representations to the High Court against a voluntary bill of indictment may be made:
(a)
(a) in writing to the appropriate officer of the Crown Court; or
(b)
(b) orally to the judge considering the voluntary bill
and where any such order is granted it shall also apply to any proceedings to which the applicant is indicted.
(3) Where an application is made to the court, it may refer it to the appropriate officer for determination.
(4) Where an application is refused, the appropriate officer shall provide to the applicant:
(a)
(a) written reasons for the refusal; and
(b)
(b) details of the appeal process.
Proceedings in the Court of Appeal (Criminal Division) and the House of Lords
8.—(1) An application for a representation order in respect of proceedings in the Court of Appeal or the House of Lords may be made:
(a)
(a) orally to the Court of Appeal, or a judge of the court; or
(b)
(b) in writing to the Court of Appeal, a judge of the court, or the registrar of criminal appeals (“the registrar”).
(2) Where an application is made to the court, it may refer it to a judge for determination.
(3) Where an application is made to a judge, he may refer it to the registrar for determination.
(4) The registrar may:
(a)
(a) grant the application; or
(b)
(b) refer it to the court or a judge of the court.
(5) A representation order shall not be granted until notice of leave to appeal has been given in respect of the proceedings which are the subject of the application.
(6) Where a representation order is granted in respect of proceedings in the Court of Appeal, a judge or the...
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