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.