SCHEDULES

SCHEDULE 3E+W Criminal Defence Service: right to representation

[F1Financial eligibilityE+W

Textual Amendments

3B(1)Power under this Schedule to grant [F2, or provisionally grant,] a right to representation may only be exercised in relation to an individual whose financial resources appear to the relevant authority to be such that, under regulations, he is eligible to be granted [F3, or provisionally granted,] such a right.

(2)Power under this Schedule to withdraw a right to representation shall be exercised in relation to an individual if it appears to the relevant authority—

(a)that his financial resources are not such that, under regulations, he is eligible to be granted [F4, or provisionally granted,] such a right, or

(b)that he has failed, in relation to the right, to comply with regulations under this paragraph about the furnishing of information.

(3)Regulations may make provision for exceptions from sub-paragraph (1) or (2).

(4)Regulations under this paragraph may include—

(a)provision requiring the furnishing of information;

(b)provision for the notification of decisions about the application of—

(i)sub-paragraph (1) or (2), or

(ii)regulations under sub-paragraph (3);

(c)provision for the review of such decisions;

(d)such transitional provision as the Lord Chancellor may consider appropriate.

(5)The provision which may be made under sub-paragraph (4)(c) includes provision prescribing circumstances in which the person or body reviewing a decision may refer a question to the High Court for its decision.

(6)Section 16 of the Supreme Court Act 1981 (appeals from the High Court) shall not apply to decisions of the High Court on a reference under regulations under this paragraph.]

Textual Amendments