The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2009

Contents

1Citation, commencement and cessation#

(1)These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2009 and come into force on 4th August 2009.

(2)Regulations 3 (in so far as it relates to the definition of “provisional representation order”), 4, 6 and 7 of these Regulations cease to have effect on 31st December 2011 and on that date regulation 16A of the Criminal Defence Service (General) (No. 2) Regulations 2001 shall have effect as it had effect immediately before the making of these Regulations.

2Amendments to the Criminal Defence Service (General) (No. 2) Regulations 2001#

The Criminal Defence Service (General) (No. 2) Regulations 2001 are amended as follows.

3Amendments to the Criminal Defence Service (General) (No. 2) Regulations 2001#

In regulation 2—

(a)after the definition of “judge of the court” insert—“• “junior advocate” means any advocate who is not a Queen’s Counsel;”

(b)after the definition of “litigator” insert—“• “provisional representation order” means a document provisionally granting a right to representation under regulations made under paragraph 1A of Schedule 3 to the Act;”

4Amendments to the Criminal Defence Service (General) (No. 2) Regulations 2001#

After regulation 10, in Part IV, insert—“10A A provisional representation order—a includes representation by a litigator; andb may include representation by—i a junior advocate;ii a Queen’s Counsel; oriii a junior advocate and a Queen’s Counsel.”

5Amendments to the Criminal Defence Service (General) (No. 2) Regulations 2001#

In regulation 14—

(a)omit paragraph (1A);

(b)in each of paragraphs (2)(b)(i), (2)(b)(ii), (2)(b)(iv) (in both places), (2)(c)(i), (2)(c)(ii), (14)(a), (14)(b) and (15)(b), for “junior counsel” substitute “junior advocate”;

(c)in paragraph (2)(b)(iii), for “junior counsel” substitute “junior advocates”;

(d)in paragraph (5)(a), for “junior counsel” substitute “a junior advocate”.

6Amendments to the Criminal Defence Service (General) (No. 2) Regulations 2001#

In regulation 16, after paragraph (2) insert—“3 Paragraphs (1) and (2) apply to provisional representation orders as they apply to representation orders, but as if “the Commission” were substituted for “the court” in each place where it appears.”

7Amendments to the Criminal Defence Service (General) (No. 2) Regulations 2001#

For regulation 16A substitute—“16A Where—a an individual who is granted a right to representation is one of two or more co-defendants whose cases are to be heard together, orb an individual who is provisionally granted a right to representation is one of two or more people involved in an investigation whose cases, if proceedings were to result from the investigation, would be likely to be heard together,that individual must select the same litigator as a co-defendant, unless there is or is likely to be a conflict of interest.”

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