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

PART V WITHDRAWAL OF REPRESENTATION

17.—(1) The court before which the proceedings are heard, or, in respect of any proceedings mentioned in regulation 3(2), the Commission, must consider whether to withdraw the representation order in any of the following circumstances:

(a) where any charge or proceedings against the assisted person are varied, the court or the Commission, as appropriate, must consider whether the interests of justice continue to require that he be represented in respect of the varied charge or proceedings;

(b) where the assisted person declines to accept a representation order in the terms which are offered;

(c) at the request of the assisted person; or

(d) where the representative named on the representation order declines to continue to represent the assisted person.

(2) Where representation is withdrawn, the appropriate officer or the Commission, as appropriate, shall provide written notification to the assisted person and to the solicitor (or, where there was no solicitor assigned, to the advocate), who shall inform any assigned advocate (or, where notification is given to the advocate, any other assigned advocate).

(3) On any subsequent application by the assisted person for a representation order in respect of the same proceedings, he shall declare the previous withdrawal of representation and the reason for it.