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

Proceedings in the Crown Court

9.—(1) Other than where regulation 6(3) applies, an application for a representation order in respect of proceedings in the Crown Court may be made:

(a) orally or in writing to the Crown Court;

(b) in writing to the appropriate officer of that court;

(c) orally or in writing to a magistrates' court at the conclusion of any proceedings in that magistrates' court;

(d) orally or in writing to a magistrates' court inquiring into the offence as examining justices or sending for trial under section 51 of the Crime and Disorder Act 1998(1);

(e) where a magistrates' court has been given a notice of transfer under section 4 of the Criminal Justice Act 1987(2) (serious fraud cases), in writing to the appropriate officer of that magistrates' court;

(f) in the case of an appeal to the Crown Court from a magistrates' court, in writing to the appropriate officer of that magistrates' court;

(g) where the applicant was granted a representation order for proceedings in a magistrates' court and was committed for trial in the Crown Court under section 6(2) of the Magistrates' Courts Act 1980(3), in writing to the appropriate officer of the magistrates' court ordering the committal; and

(h) in the case of a retrial ordered under section 7 of the Criminal Appeal Act 1968(4), orally or in writing to the court ordering the retrial.

(2) An application for a representation order in respect of representations to the High Court against a voluntary bill of indictment may be made:

(a) in writing to the appropriate officer of the Crown Court; or

(b) orally to the judge considering the voluntary bill

and where any such order is granted it shall also apply to any proceedings to which the applicant is indicted.

(3) Where an application is made to the court, it may refer it to the appropriate officer for determination.

(4) Where an application is refused, the appropriate officer shall provide to the applicant:

(a) written reasons for the refusal; and

(b) details of the appeal process.

(1)

1998 c. 37.

(2)

1987 c. 38, as amended by the Criminal Justice Act 1988 (c. 33), the Legal Aid Act 1988 (c. 34) and the Crime and Disorder Act 1998 (c. 37).

(3)

1980 c. 43.

(4)

1968 c. 19.