Regulation 4 Appeals: magistrates’ courts

(1)

In this regulation “court” means the magistrates’ court in which the proceedings in respect of which the individual is seeking a representation order are being or are to be heard and includes a single justice.

(2)

An individual may appeal to the court against a decision to refuse to grant a representation order made on the grounds that the interests of justice do not require such an order to be granted.

(3)

The court must either—

(a)

uphold the decision; or

(b)

decide that it would be in the interests of justice for a representation order to be granted.

(4)

Where the court makes a decision under paragraph (3)(b), the individual may apply to the representation authority for a representation order; and—

(a)

if the individual states in writing, verified by a statement of truth, that his financial resources have not changed since the date of his original application so as to make him financially ineligible for a representation order, the representation authority must grant the order; or

(b)

if his financial resources may have so changed, the representation authority—

(i)

must determine whether the individual is financially eligible to be granted a representation order in accordance with the Criminal Defence Service (Financial Eligibility) Regulations 2006^f1; and

(ii)

if he is so eligible, must grant the order.

Annotations

Footnotes

f1: S.I. 2006/xxxx.