The Criminal Defence Service (Representation Orders: Appeals etc.) (Amendment) Regulations 2009

• Citation: S.I. 2009/3329
• Sections: 5

Section 1 Citation, commencement, application and interpretation

(1) These Regulations may be cited as the Criminal Defence Service (Representation Orders: Appeals etc.) (Amendment) Regulations 2009.

(2) These Regulations come into force—

(a) in relation to any magistrates’ court in any of the local justice areas listed in the first part of the table in the Schedule to these Regulations, on 11th January 2010; and

(b) in relation to any other magistrates’ court in any of the courts board areas listed—

(i) in the second part of that table, on 12th April 2010;

(ii) in the third part of that table, on 26th April 2010;

(iii) in the fourth part of that table, on 10th May 2010;

(iv) in the fifth part of that table, on 17th May 2010;

(v) in the sixth part of that table, on 24th May 2010;

(vi) in the seventh part of that table, on 14th June 2010;

(vii) in the eighth part of that table, on 28th June 2010.

(3) These Regulations apply only to an application for a representation order which is received in a magistrates’ court on or after the date on which these Regulations come into force in relation to that court.

(4) In this regulation “representation order” means a document granting a right to representation under section 14 of the Access to Justice Act 1999.

Section 2 Amendments to the Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006

The Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006 are amended as follows.

Section 3 Amendments to the Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006

(1) Omit regulation 3(1).

(2) In regulation 3(2)—

(a) omit “further”;

(b) for “the appeal” substitute “an appeal”.

(3) In regulation 3(4) omit “6(2)(b),”.

Section 4 Amendments to the Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006

For regulation 6 substitute—

Appeals where representation order refused: Crown Court

(6)

(1) An individual whose application for the grant of a representation order in respect of an appeal to the Crown Court has been refused on the grounds that the interests of justice do not require such an order to be granted may appeal to the appropriate officer of the Crown Court against the refusal.

(2) The appropriate officer may refer the appeal to a judge of the Crown Court.

(3) The appropriate officer or the judge may—

(a) decide that it would be in the interests of justice for a representation order to be granted; or

(b) dismiss the appeal.

(4) Where the appropriate officer or judge makes a decision under paragraph (3)(a), the individual may apply to the representation authority for a representation order.

Section 5 Amendments to the Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006

Omit regulation 8.