The Criminal Legal Aid (General) Regulations 2013

WithdrawalE+W

This section has no associated Explanatory Memorandum

26.—(1) The Director must withdraw a determination under section 16 of the Act if the Director is satisfied that the interests of justice no longer require representation.

(2) The Director may withdraw a determination where—

(a)the individual declines to accept the determination in the terms which are offered;

(b)the individual requests that the determination is withdrawn; or

(c)the provider named in the representation order which recorded the original determination declines to continue to represent the individual.

(3) Where the Director withdraws a determination, the Director must provide written notification of the withdrawal to—

(a)the individual in whose favour the original determination was made;

(b)any provider named in the representation order which records the determination; and

(c)any advocate instructed in proceedings.

(4) In this regulation “advocate” means a person who is an authorised person for the purposes of section 18 of the Legal Services Act 2007(1) in relation to the exercise of a right of audience.

Commencement Information

I1Reg. 26 in force at 1.4.2013, see reg. 1