Regulation 13 Representation in the Crown Court, Court of Appeal (Criminal Division) and House of Lords

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 13 heading words substituted by Constitutional Reform Act 2005 (Consequential Amendments) 2009 art. 8(4)(a)
reg. 13(1) words substituted by Constitutional Reform Act 2005 (Consequential Amendments) 2009 art. 8(4)(b)
reg 13 am by Criminal Defence Service (General) 2010 reg 5
reg. 13(1)(c) substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 27
reg 13 am (14.1.2008) by Criminal Defence Service (General) 2007 reg 4
reg. 13(1)(c) words substituted by Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) 2013 Sch. 2 para. 43
reg 13 rev in pt (heading rev in pt) by Criminal Defence Service (General) 2002 regs 3, 11(1)
reg 13 am by Criminal Defence Service (General) 2002 regs 3, 11(2)

(1)

Subject to paragraph (2) and regulation 11, the right conferred by section 15(1) of the Act, as regards representation in respect of any proceedings in the Crown Court (other than proceedings mentioned in regulation 3(2)), Court of Appeal or House of Lords, shall be exercisable only in relation to those representatives who are:

(a)

employed by the Commission to provide such representation; or

(b)

authorised to provide such representation under a crime franchise contract with the Commission.

(2)

Where the Commission has determined that representation in a very high cost serious fraud case shall be provided by members of the Serious Fraud Panel, such right shall be limited to representatives who are for the time being members of that Panel.

(3)

For the purposes of this regulation:

(a)

a very high cost serious fraud case is a very high cost case with regard to which the offence with which the defendant is charged is primarily or substantially founded on allegations of fraud or other serious financial impropriety, or involves complex financial transactions; and

(b)

the Serious Fraud Panel is a panel of solicitors appointed under arrangements made by the Commission to deal with such cases.

(4)

This regulation does not apply to any proceedings referred to in section 12(2)(f) of the Act.