The Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Nature of representation

44.—(1) Subject to the following paragraphs of this regulation, a grant of representation shall provide for the services of a solicitor and counsel.

(2) A legal aid order granting representation for the purpose of such part of any proceedings before a magistrates' court as relates to the giving of bail shall not include representation by counsel.

(3) A legal aid order granting representation for the purposes of proceedings before a magistrates' court shall not include representation by counsel except–

(a) in the case of any indictable offence, where the court is of the opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable; and

(b) in the case of proceedings under section 1 of the Children and Young Persons Act 1969(1), where it is alleged that the condition set out in subsection (2)(f) of that section is satisfied in consequence of an indictable offence and the court is of such opinion as is mentioned in sub-paragraph (a) above.

(4) Where a court grants representation for the purposes of an appeal to the Court of Appeal, the court may order that representation shall be by counsel only.

(5) Where the Crown Court grants representation for the purposes of–

(a) an appeal to that court;

(b) proceedings in which a person is committed to or appears before that court for trial or sentence or appears or is brought before the Crown Court to be dealt with;

the court may, in cases of urgency where it appears to the court that there is no time to instruct a solicitor, order that representation shall be by counsel only.

(6) Where the Crown Court or a magistrates' court grants representation for the purposes specified in paragraph (5), the court may, if the proceedings are proceedings in which solicitors have a right of audience, order that representation shall be by a solicitor only.

(7) Where in proceedings in a magistrates' court representation or advice is given before a legal aid order is made, that representation or advice shall be deemed to be representation or advice given under the order if–

(a) the interests of justice required that the representation or advice be provided as a matter of urgency;

(b) there was no undue delay in making an application for legal aid; and

(c) the representation or advice was given by the solicitor who was subsequently assigned under the legal aid order.

(1)

1969 c. 54; section 1 was amended by the Children Act 1975 (c. 72), section 108, Schedule 3 paragraph 67, by the Education Act 1981 (c. 60), section 21, Schedule 3 paragraph 9, by the Mental Health Act 1983 (c. 20), section 148, Schedule 4 paragraph 26(a)(b) and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2 paragraph 10.