The Criminal Defence Service (General) (No.2) (Amendment) Regulations 2004

Contents

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(1)These Regulations may be cited as the Criminal Defence Service (General) (No.2) (Amendment) Regulations 2004 and shall come into force on 17th May 2004.

(2)In these Regulations, a regulation referred to by number alone means the regulation so numbered in the Criminal Defence Service (General) (No. 2) Regulations 2001.

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(1)At the end of regulations 3(2)(f) and 3(2)(g) omit “and”.

(2)After regulation 3(2)(h) insert—“; andi proceedings under sections 2, 5 and 6 of the Anti-social Behaviour Act 2003 relating to the making or extension of a closure order, and appeals against such an order”

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After regulation 4 insert-—“4A Advice given prior to the grant of a representation order in the Crown Court shall be deemed to have been given under that order where:a the interests of justice required that the advice was provided as a matter of urgency;b there was no undue delay in making the application for a representation order; andc the advice was given by the representative who was subsequently assigned under the representation order.”

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After regulation 16 insert—“16A Where an individual who is granted a right to representation is one of two or more co-defendants whose cases are to be heard together, that individual must select the same representative as a co-defendant unless there is, or is likely to be, a conflict of interest.”

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In regulation 22, after “advocate” insert “, whether acting under a representation order or otherwise,”.

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