OpenLegislation

Regulation 24 Determinations: proceedings in the magistrates’ courtI1

England and Wales

F1(1)

Subject to F2paragraphs (2) and (3), when the Director makes a determination under section 16 of the Act in accordance with Part 3 of the Financial Resources Regulations that an individual is eligible for representation for proceedings in the magistrates’ court, the Director must also make a determination that the individual is eligible in accordance with Part 4 of the Financial Resources Regulations for representation in the Crown Court in relation to those proceedings.

(2)

A determination to which paragraph (1) applies does not include representation for any appeal to the Crown Court in the proceedings to which the determination relates.

F3(3)

Where a provider, acting under an authorisation on behalf of the Director, makes a determination under section 16 of the Act in accordance with Part 3 of the Financial Resources Regulations that an individual is eligible for representation for proceedings in the magistrates’ court, paragraph (1) does not apply.

Annotations

Textual amendments

F1

Reg. 24(1) substituted (27.1.2014) by The Criminal Legal Aid (General) (Amendment) Regulations 2013 (S.I. 2013/2790), regs. 1(3), 5(2) (with reg. 8)

F2

Words in reg. 24(1) substituted (27.6.2025) by The Criminal and Civil Legal Aid (Amendment) Regulations 2025 (S.I. 2025/750), regs. 1(1), 4(3)(a) (with reg. 6)

F3

Reg. 24(3) inserted (27.6.2025) by The Criminal and Civil Legal Aid (Amendment) Regulations 2025 (S.I. 2025/750), regs. 1(1), 4(3)(b) (with reg. 6)

Commencement

I1

Reg. 24 in force at 1.4.2013, see reg. 1