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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Criminal Defence Service (Representation Order Appeals) Regulations 2001 No. 1168 URL: http://www.bailii.org/uk/legis/num_reg/2001/20011168.html

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Appeals against refusals of representation order
     3.  - (1) A person whose application for the grant of a representation order has been refused may appeal against such refusal by way of a renewed application to the body which refused the application.

    (2) Any appeal in writing shall be made on such form as is from time to time specified by the Lord Chancellor.

Crown Court and magistrates' court
     4.  - (1) A person whose application for the grant of a representation order has been refused by the Crown Court or a magistrates' court may make a renewed application, either orally or in writing to the same court, or in writing to the appropriate officer of that court.

    (2) Where a renewed application is made to the appropriate officer, he may:

(a) grant the order; or

(b) refer the renewed application:


(i) in the Crown Court, to a judge of the court; or

(ii) in a magistrates' court, to the court, a District Judge (Magistrates' Court) or a single justice



who may grant the order or refuse the application.

    (3) The judge hearing the application shall give reasons for the refusal of any application.

    (4) Where the application was made in writing, the reasons for any refusal shall be given in writing.

Court of Appeal (Criminal Division) and Registrar of Criminal Appeals
     5.  - (1) A person whose application for the grant of a representation order has been refused by the Court of Appeal or the registrar of criminal appeals may make a renewed application, either orally or in writing to the court, or in writing to the registrar.

    (2) Where a renewed application is made to the registrar, he may:

(a) grant the order; or

(b) refer the renewed application to:


(i) a judge of the court, who may grant the order; or

(ii) the court, which may grant the order or refuse the application.

    (3) The court shall give reasons for the refusal of any application.

    (4) Where the application was made in writing, the reasons for any refusal shall be given in writing.

Legal Services Commission
     6.  - (1) A person whose application for the grant of a representation order has been refused by the Commission may make a renewed application in writing to the Funding Review Committee, which may grant the order or refuse the application.

    (2) The Commission shall give written reasons for the refusal of any application.

Appeals against withdrawals of representation order
     7.  - (1) A person whose representation order has been withdrawn may appeal against such withdrawal on one occasion to the body which withdrew the order.

    (2) Equivalent provisions to those set out in regulations 4 to 6 shall apply in respect of such appeals.

    (3) Any appeal in writing shall be made on such form as is from time to time specified by the Lord Chancellor.



Signed by the authority of the Lord Chancellor


Willy Bach
Parliamentary Secretary, Lord Chancellor's Department

Dated 25th March 2001

 © Crown copyright 2001