The Criminal Legal Aid (Financial Resources) Regulations 2013

Review of decision

28.—(1) Where the Director makes a determination in accordance with section 21(1) of the Act that an individual’s financial resources are such that the individual is not eligible for representation under section 16 of the Act, that individual may apply to the Director for a review of the decision on the grounds that—

(a) there has been a miscalculation of the individual’s financial resources or an administrative error; or

(b) the individual does not have sufficient financial resources to pay for the cost of legal assistance, notwithstanding the Director’s determination in accordance with section 21(1) of the Act that the individual is not eligible for representation under section 16 of the Act.

(2) An application for a review must be made in a form specified by the Lord Chancellor and must include any written representations supporting the application.

(3) Where the grounds of the application are those mentioned in paragraph (1)(b), the individual must supply—

(a) full particulars of the individual’s income and expenditure; and

(b) a certificate from a provider as to the likely costs of the proceedings to the individual.

(4) The individual must provide such further information and documents as the Director may request in relation to the review within fourteen days after the date of the request.

(5) A review may be conducted without a hearing unless the Director directs otherwise.

(6) The Director must consider the application and any written representations and may—

(a) confirm or amend the determination which is the subject of the review;

(b) withdraw the determination which is the subject of the review; or

(c) substitute a new determination.

(7) Notwithstanding regulation 18, in relation to an application for a review under regulation 28(1)(b), the Director may substitute a new determination that the individual’s financial resources are such that the individual is eligible in accordance with section 21(1) of the Act for representation under section 16 of the Act.

(8) Where the Director amends or substitutes a determination, the determination following the review takes effect (unless the Director directs otherwise) as if the original determination had not been made.