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

Change of representative

16.—(1) Where a representation order has been granted an application may be made to the court before which the proceedings are heard to select a representative in place of a representative previously selected, and any such application shall state the grounds on which it is made.

(2) The court may:

(a) grant the application where:

(i) the representative considers himself to be under a duty to withdraw from the case in accordance with his professional rules of conduct and, in such a case, the representative shall provide details of the nature of such duty;

(ii) there is a breakdown in the relationship between the assisted person and the representative such that effective representation can no longer be provided and, in such a case, the representative shall provide details of the nature of such breakdown;

(iii) through circumstances beyond his control, the representative is no longer able to represent the assisted person; or

(iv) some other substantial compelling reason exists; or

(b) refuse the application.