Explanatory note

These Regulations amend the Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006 (the “2006 Regulations”). The 2006 Regulations provide for appeals or renewed applications where an individual who is the subject of criminal proceedings has been refused publicly funded representation on the grounds that the interests of justice do not require him or her to be granted an order giving a right to such representation. The Criminal Defence Service (Interests of Justice) Regulations 2009 (S.I. 2009/xxx) provide that the interests of justice are deemed to require that an individual before the Crown Court (except on an appeal to the Crown Court) is granted an order giving him or her a right to publicly funded representation. These Regulations amend the 2006 Regulations to limit appeals against a refusal to grant a representation order to appeals to the Crown Court.

An impact assessment relating to the introduction of means testing in the Crown Court is available from Criminal Legal Aid Strategy Division, Ministry of Justice, 102 Petty France, London SW1H 9AG or at www.justice.gov.uk.