The Criminal Defence Service (General) (No.2) (Amendment) Regulations 2004

• Citation: S.I. 2004/1196
• Sections: 5

Section 1

(1) These Regulations may be cited as the Criminal Defence Service (General) (No.2) (Amendment) Regulations 2004 and shall come into force on 17th May 2004.

(2) In these Regulations, a regulation referred to by number alone means the regulation so numbered in the Criminal Defence Service (General) ( No. 2) Regulations 2001 .

Section 2

(1) At the end of regulations 3(2)(f) and 3(2)(g) omit “and”.

(2) After regulation 3(2)(h) insert—

; and

(i) proceedings under sections 2, 5 and 6 of the Anti-social Behaviour Act 2003 relating to the making or extension of a closure order, and appeals against such an order

Section 3

After regulation 4 insert-—

Advice prior to the grant of a representation order

(4A) Advice given prior to the grant of a representation order in the Crown Court shall be deemed to have been given under that order where:

(a) the interests of justice required that the advice was provided as a matter of urgency;

(b) there was no undue delay in making the application for a representation order; and

(c) the advice was given by the representative who was subsequently assigned under the representation order.

Section 4

After regulation 16 insert—

Selection of a representative by two or more co-defendants

(16A) Where an individual who is granted a right to representation is one of two or more co-defendants whose cases are to be heard together, that individual must select the same representative as a co-defendant unless there is, or is likely to be, a conflict of interest.

Section 5

In regulation 22, after “advocate” insert “, whether acting under a representation order or otherwise,”.