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Crime brief

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08 November 2007 / Andrew Keogh
Issue: 7296 / Categories: Features
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LEGAL AID CHANGES >>
CRIMINAL JUSTICE ACT 2003 >>
QUEEN’S EVIDENCE >>

LEGAL AID CHANGES

The Criminal Defence Service (General) (No 2) (Amendment No 2) Regulations 2007 (SI 2007/2936). These regulations amend the Criminal Defence Service (General) (No 2) Regulations 2001 (SI 2001/1437), which deal with publicly funded advice and assistance and representation in criminal cases. The regulations:
- Provide that where a magistrates' court sends a defendant for trial at the Crown Court under the Crime and Disorder Act 1998, s 51 the proceedings in the magistrates' court are preliminary to the proceedings in the Crown Court, so that no representation order is required for the proceedings in the magistrates' court (reg 3).
- Provide for applications for representation orders for appeals to the Crown Court, where a representation order has been made in respect of the proceedings in the magistrates' court, and for applications for representation orders for re-trials (reg 4).
- Provide for applications for representation orders in the High Court (reg 5).
- Permit representation by a QC or by more than one advocate in exceptional extradition cases in magistrates' courts and update a reference to the legislation

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