Explanatory note

These Regulations provide for appeals or renewed applications where an individual involved in criminal proceedings has been refused publicly funded representation on the grounds that the interests of justice do not require him to be granted an order giving a right to such representation. They take effect from 2nd October 2006, when the relevant amendments to the Access to Justice Act 1999 effected by the Criminal Defence Service Act 2006 (c.9) come into force. In the case of proceedings in magistrates’ courts, the individual may appeal to the court. (There is no appeal where the order has been refused because the individual is financially ineligible to be granted an order.) In the case of proceedings in other courts, he may make a renewed application to the person who, or court which, refused the application. Where a representation order is withdrawn, the individual may apply for the withdrawal to be set aside.

A partial regulatory impact assessment has been prepared for instruments relating to the Criminal Defence Service Act, which is available from Criminal Legal Aid Strategy Division, Department for Constitutional Affairs, 54 Victoria Street, London SW1E 6QW and can also be found at http://www.dca.gov.uk/legist/cds_act06.pdf.