The Criminal Defence Service (General) (No. 2) Regulations 2001

Interpretation

2.  In these Regulations:

“the Act” means the Access to Justice Act 1999;

“advocacy assistance” means assistance in the form of advocacy;

“advocate” means:

• a barrister; or

• a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society;

“assisted person” means a person in receipt of funded services;

“appropriate officer” means:

• in the case of the Crown Court, the court manager;

• in the case of a magistrates' court, the justices' clerk; and

• in the case of the Court of Appeal, the Courts-Martial Appeal Court or the House of Lords, the registrar of criminal appeals

and, in any case, includes an officer designated by him to act on his behalf in that regard;

“the Commission” means the Legal Services Commission established under section 1 of the Act;

“the Costs Committee” means a committee appointed under arrangements made by the Commission to deal with, inter alia, applications for appeal against, or review of, assessments of costs;

“funded services” means services which are provided directly for an individual and funded for that individual as part of the Criminal Defence Service established under sections 12 to 18 of the Act;

“judge of the court” means, in relation to a magistrates' court, a single justice;

“representation order” means a document granting a right to representation under section 14 of the Act;

“very high cost case” means a case with regard to which:

(a)

if the case proceeds to trial, that trial would be likely to last for 25 days or longer; or

(b)

the defence costs with regard to any one defendant (or group of defendants represented by the same firm of solicitors) are likely to amount to £150,000 or greater (such sum to include the solicitor’s fees and disbursements, advocate’s fees, and VAT); and

“volunteer” means a person who, for the purpose of assisting with an investigation, attends voluntarily at a police station or a customs office, or at any other place where a constable or customs officer is present, or accompanies a constable or customs officer to a police station or a customs office or any other such place, without having been arrested.