Regulation 7 Amendments to the 2001 Regulations

For regulation 9 substitute—

“Proceedings in magistrates’ courts and the Crown Court

9.

(1)

An application for a representation order in respect of proceedings in a magistrates’ court or the Crown Court must be made in writing to the representation authority at the relevant magistrates’ court.

(2)

Where an application for a representation order in respect of proceedings in a magistrates’ court is refused, the appropriate officer shall provide the applicant with written reasons for the refusal and details of the appeal process.

(3)

In this regulation the relevant magistrates’ court is—

(a)

the court in which the proceedings are to be, or are being, heard;

(b)

in the case of a court inquiring into the offence as examining justices or sending for trial under section 51 of the Crime and Disorder Act 1998, that court;

(c)

the court from which the applicant has been committed or sent for trial at the Crown Court or from which the proceedings have been transferred for trial at the Crown Court;

(d)

in the case of a voluntary bill of indictment, the magistrates’ court in which the proceedings had been heard or a magistrates’ court in which the proceedings would have been heard;

(e)

in the case of an appeal to the Crown Court from a magistrates’ court, that court;

(f)

in the case of a re-trial ordered by the Court of Appeal, a magistrates’ court sitting in the local justice area of Camden and Islington.”.