# The Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006, 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; and
(ii) if he is so eligible, must grant the order.

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Source: https://www.legislation.gov.uk/ukdsi/2006/0110747410/regulation/4 (the official version)
Page: https://openlegislation.uk/draft-criminal-defence-service-representation-orders-appeals-etc-regulations-2006/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.