A court before which any criminal proceedings take place, or are to take place, has power to grant a right to representation in respect of those proceedings except in such circumstances as may be prescribed.

Where a right to representation is granted for the purposes of criminal proceedings it includes the right to representation for the purposes of any related bail proceedings and any preliminary or incidental proceedings; and regulations may make provision specifying whether any proceedings are or are not to be regarded as preliminary or incidental.

A court also has power to grant a right to representation for the purposes of criminal proceedings before another court in such circumstances as may be prescribed.

The form of the application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.

A right to representation in respect of proceedings may be withdrawn by any court before which the proceedings take place; and a court must consider whether to withdraw a right to representation in such circumstances as may be prescribed.

The powers of a magistrates’ court for any area under this paragraph may be exercised by a single justice of the peace for the area.

Any rules under section 144 of the M1Magistrates’ Courts Act 1980 which provide for the functions of a single justice under sub-paragraph (6) to be exercised by a justices’ clerk may make different provision for different areas.