1 Citation and commencement

These Regulations may be cited as the Criminal Defence Service (Very High Cost Cases) Regulations 2008 and come into force on the day after the day on which they are made.

NOTES
Initial Commencement
Specified date

Specified date: 12 January 2008: see above.

Public Funding of Criminal Proceedings99 Criminal Procedure99

2 Interpretation

2Interpretation

In these Regulations—

“the Act” means the Access to Justice Act 1999;

“the Commission” means the Legal Services Commission established under section 1 of the Act;

“representation order” means a document granting a right to representation;

“Very High Cost Case” means a case in which a representation order has been granted and which the Commission classifies as a very high cost case on the grounds that—

(a)    if the case were to proceed to trial, the trial would in the opinion of the Commission be likely to last for more than 40 days, and the Commission considers that there are no exceptional circumstances which make it unsuitable to be dealt with under its contractual arrangements for Very High Cost Cases; or

(b)    if the case were to proceed to trial, the trial would in the opinion of the Commission be likely to last no fewer than 25 and no more than 40 days, and the Commission considers that there are circumstances which make it suitable to be dealt with under its contractual arrangements for Very High Cost Cases;

“Very High Cost Case (Crime) Panel” means a panel set up by the Commission from which representatives may be chosen to provide representation in Very High Cost Cases.

NOTES
Initial Commencement
Specified date

Specified date: 12 January 2008: see reg 1.

3 Application

3Application

These Regulations apply to proceedings which the Commission classifies as Very High Cost Cases on or after the date on which the Regulations come into force.

NOTES
Initial Commencement
Specified date

Specified date: 12 January 2008: see reg 1.

4 Change of representative in Very High Cost Case

4Change of representative in Very High Cost Case

(1)    This regulation applies where the representative at the date of the classification of a case as a Very High Cost Case is not a member of a Very High Cost Case (Crime) Panel.

(2)    Where this regulation applies—

(a)    the Commission is no longer required to fund representation by the representative referred to in paragraph (1); and

(b)    the individual in whose favour the representation order was granted may select a different representative, from a Very High Cost Case (Crime) Panel, in accordance with the Criminal Defence Service (General) (No 2) Regulations 2001.

NOTES
Initial Commencement
Specified date

Specified date: 12 January 2008: see reg 1.

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5 Revocation

5Revocation

The Criminal Defence Service (Choice in Very High Cost Cases) Regulations 2001 are revoked.

NOTES
Initial Commencement
Specified date

Specified date: 12 January 2008: see reg 1.

Public Funding of Criminal Proceedings99 Criminal Procedure99

Signature

Signed by authority of the Lord Chancellor

Hunt

Parliamentary Under Secretary of State

Ministry of Justice

11th January 2008

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

Individuals who receive publicly funded legal representation in criminal cases may usually choose their representative. An exception is very high cost cases, for which the representative must be a member of a panel set up by the Legal Services Commission. These Regulations provide that where an individual has chosen a representative who is not a member of such a panel and the case then becomes a very high cost case, the Commission need not continue to fund representation by that representative and the individual may choose a new representative, from the panel. They replace the Criminal Defence Service (Choice in Very High Cost Cases) Regulations 2001 (SI 2001/1169). A regulatory impact assessment of the effects of the reform of the very high cost case regime is available from the Legal Services Commission, 85 Gray's Inn Road, London WC1X 8TX (www.legalservices.gov.uk).

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