The Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Proceedings in the Court of Appeal or the House of Lords

22.—(1) An application for a legal aid order in respect of proceedings in the Court of Appeal or the House of Lords may be made–

(a)orally to the Court of Appeal, to a judge of the court or the registrar, or

(b)by giving written notice of the application to the registrar in such form as he may direct.

(2) Where an application for a legal aid order is made orally to the Court of Appeal, the court may refer it to a judge of the court or the registrar for determination; and, where such an application is made orally to a judge of the court, he may refer it to the registrar for determination.

(3) Where a judge of the court refuses to make a legal aid order, the applicant may renew his application to the Court of Appeal.

(4) The registrar considering an application for a legal aid order shall–

(a)make an order; or

(b)refer the application to the Court of Appeal or to a judge of the court.

(5) A legal aid order shall not be made until–

(a)a notice of appeal or application for leave to appeal to the Court of Appeal or the House of Lords, as the case may be, has been given, and

(b)except where the applicant is not required under regulation 23(4) to furnish a statement of means, the Court of Appeal, a judge of the court or the registrar has considered the applicant’s statement of means.

(6) In making a legal aid order in respect of proceedings in the Court of Appeal, the court, a judge of the court or the registrar may specify the stage of the proceedings at which legal aid shall commence.

(7) Subject to the provisions of this regulation, the powers of the Court of Appeal to determine an application for a legal aid order may be exercised by a judge of the court or the registrar.

(8) The powers of the Court of Appeal to revoke a legal aid order may be exercised by a judge of the court or, where the legally assisted person applies for the order to be revoked, by the registrar.