Explanatory note

These Regulations amend the Criminal Defence Service (Choice in Very High Cost Cases) Regulations 2001 (S.I. 2001/1169). These Regulations relate to Very High Cost Cases, ie cases whose trial is expected to last 25 days or more, or where defence costs for any defendant or group of defendants is expected to be £150,000 or more.

These Regulations add, to the list of circumstances in which the Legal Services Commission is no longer required to fund representation by the client’s current representative, that where the current solicitor representatives are not members of the Specialist Fraud Panel and the case is a very high cost fraud case.

They also provide that any question as to whether the case fulfils the criteria of a very high cost case is to be referred to and decided by the Legal Services Commission.