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25.—(1) The Director must make a determination under section 16 that an individual qualifies for representation for the purposes of criminal proceedings in relation to an individual for proceedings in the Crown Court in the circumstances described in paragraph (2).
(2) The circumstances are that—
(a)the individual has made an application for a determination in proceedings in the magistrates’ court and (should the proceedings continue there) in the Crown Court;
(b)the Director has determined that the individual does not qualify for representation in the magistrates’ court either because—
(i)the requirements of section 21 (financial resources) and regulations made under that section are not met; or
(ii)the interests of justice do not require representation to be made available to the individual; and
(c)the proceedings continue to the Crown Court other than on appeal.
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