Section 18: Determinations by Director, Legal Aid, Sentencing and Punishment of Offenders Act 2012

The Director is authorised to determine whether an individual qualifies under this Part for representation for the purposes of criminal proceedings, except in circumstances in which a court is authorised to make the determination under regulations under section 19.

A determination by the Director under section 16 must specify the criminal proceedings.

Regulations may make provision about the making and withdrawal of determinations by the Director under that section.

Regulations under subsection (3) may, in particular, include—

provision about the form and content of determinations and applications for determinations,

provision permitting or requiring applications and determinations to be made and withdrawn in writing, by telephone or by other prescribed means,

provision setting time limits for applications and determinations,

provision for a determination to be disregarded for the purposes of this Part if made in response to an application that is made otherwise than in accordance with the regulations,

provision about conditions which must be satisfied by an applicant before a determination is made,

provision about the circumstances in which a determination may or must be withdrawn,

provision requiring information and documents to be provided,

provision requiring individuals who are the subject of a determination to be informed of the reasons for making or withdrawing the determination, and

provision for the review of a decision by the Director that the interests of justice do not require representation to be made available, or to continue to be made available, to an individual under this Part for the purposes of criminal proceedings.

The circumstances prescribed under subsection (4)(f) may, in particular, relate to whether the individual who is the subject of the determination has complied with requirements imposed by or under this Part.

An appeal lies to such court, tribunal or other person as may be prescribed against a decision by the Director that the interests of justice do not require representation to be made available, or to continue to be made available, to an individual under this Part for the purposes of criminal proceedings, subject to subsection (7).

Regulations may provide for exceptions from subsection (6).

This section does not authorise the Director to make a provisional determination and accordingly—

references in this section to a determination do not include a provisional determination, and

references in this section to a decision do not include a decision made as part of such a determination.

Section 18: Determinations by Director

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