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SCHEDULE 3
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CRIMINAL DEFENCE SERVICE: RIGHT TO REPRESENTATION |
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Individuals to whom right may be granted |
| | 1. - (1) A right of representation for the purposes of any kind of criminal proceedings before a court may be granted to an individual such as is mentioned in relation to that kind of proceedings in section 13(3).
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(2) A right of representation for the purposes of criminal proceedings may also be granted to an individual to enable him to resist an appeal to the Crown Court otherwise than in an official capacity.
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(3) In this Schedule "court" includes any body before which criminal proceedings take place.
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Extent of right |
| | 2. - (1) Where a right of representation is granted for the purposes of criminal proceedings before a court it includes the right to representation for the purposes of any proceedings preliminary or incidental to those proceedings, including bail proceedings.
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(2) Regulations may make provision specifying whether any description of proceedings is or is not to be regarded as preliminary or incidental to any other description of proceedings for the purposes of sub-paragraph (1).
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(3) The grant of a right of representation for proceedings on an appeal to the Court of Appeal or the Courts-Martial Appeal Court may be limited in the first instance to a right to representation consisting of-
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(a) advice on the question of whether there appear to be reasonable grounds of appeal, and |
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(b) assistance in the preparation of an application for leave to appeal or in the giving of a notice of appeal. |
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Grant of right by court |
| | 3. - (1) A court before which any criminal proceedings take place, or are to take place, has power to grant a right of representation in respect of those proceedings except in such circumstances as may be prescribed.
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(2) A court also has power to grant a right of representation for the purposes of criminal proceedings before another court in such circumstances as may be prescribed.
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(3) The form of the application for a grant of a right of representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.
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(4) A right to representation in respect of proceedings before a court may be withdrawn by the court.
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Grant of right by other bodies |
| | 4. - (1) Regulations may provide that the Commission shall have power to grant rights of representation in respect of any one or more of the descriptions of proceedings prescribed under section 13(3)(g), and to withdraw any rights of representation granted by it.
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(2) The form of any application for a grant of a right of representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.
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(3) Regulations under sub-paragraph (1) may make such transitional provisions as the Lord Chancellor may consider appropriate.
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Appeals |
| | 5. Except where regulations otherwise provide, an appeal shall lie to such court or other person or body as may be prescribed against a decision to refuse to grant a right of representation or to withdraw a right of representation.
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Criteria for grant of right |
| | 6. - (1) Any question as to whether a right of representation should be granted shall be determined according to the interests of justice.
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(2) In deciding what the interests of justice consist of in relation to any individual, the following factors must be taken into account-
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(a) whether the individual would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer serious damage to his reputation, |
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(b) whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law, |
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(c) whether the individual may be unable to understand the proceedings or to state his own case, |
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(d) whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and |
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(e) whether it is in the interests of another person that the individual be represented. |
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(3) The Lord Chancellor may by order amend sub-paragraph (2) by adding new factors or varying any factor.
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(4) A right of representation shall always be granted in such circumstances as may be prescribed.
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