PART 5Representation for criminal proceedings
ReviewI127
1
An individual may apply for a review by the Director of—
a
a determination under section 16 of the Act that the interests of justice do not require representation to be made available to an individual for the purposes of criminal proceedings; and
b
the withdrawal of a determination in the circumstances specified in regulation 26(1).
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
The individual must provide such further information and documents as the Director may request in relation to the review within fourteen days of the Director making such a request.
4
A review may be conducted without a hearing unless the Director directs otherwise.
5
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
confirm the withdrawal which is the subject of the review; or
c
substitute a new determination.
6
Where the Director amends or substitutes a determination—
a
the determination following the review takes effect (unless the Director directs otherwise) as if the original determination or withdrawal had not been made;
b
the Director must issue a representation order to reflect the determination following the review; and
c
the date of any representation order issued in accordance with sub-paragraph (b) must be the date on which the original application for a determination was received.
7
The Director must notify the individual and the provider identified in the individual’s application of—
a
the determination or withdrawal following the review; and
b
the written reasons for that decision.