The Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013

Change of provider

14.—(1) Subject to paragraph (2), where an individual has selected a provider in criminal proceedings, the right conferred by section 27(4) of the Act does not include a right to select a provider in place of the original provider.

(2) The relevant court may determine that the individual can select a provider in place of the original provider in the circumstances set out in paragraphs (3) or (4).

(3) The circumstances are that the relevant court determines that—

(a) there has been a breakdown in the relationship between the individual and the original provider such that effective representation can no longer be provided by the original provider; or

(b) there is some other compelling reason why effective representation can no longer be provided by the original provider.

(4) The circumstances are that the relevant court determines that—

(a) the original provider—

(i) considers there to be a duty to withdraw from the case in accordance with the provider’s professional rules of conduct; or

(ii) is no longer able to represent the individual through circumstances outside the provider’s control; and

(b) the original provider has supplied the relevant court with details as to—

(i) the nature of any such duty to withdraw from the case; or

(ii) the particular circumstances that render the provider unable to represent the individual.